Appellate Division: Second Judicial Department
M19000
C/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-04724, 2004-02061 Robert Bollino, respondent, v Gary Hitzig, etc., et al., appellants. (Index Nos. 00731/99, 22913/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant Seymour Handler to hold appeals from two orders of the Supreme Court, Nassau County, entered May 5, 2003, and dated February 13, 2004, respectively, in abeyance.
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 the appeals will not be calendared until after January 31, 2005.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19116
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-06485 Pamela Brandes, etc., et al., appellants, v North Shore University Hospital, et al., respondents. (Index No. 5965/97)
| DECISION & ORDER ON MOTION |
Motion by the respondents North Shore University Hospital, I. Michael Leitman, Robert Allen Cherry, Larry Frankini, and Kimlyn Long and separate motion by the respondents Leo J. Penzi, James P. Palma, and Laura McIntosh, on an appeal from an order of the Supreme Court, Queens County, dated June 23, 2004, inter alia, to dismiss the appeal on the ground that the order is not appealable as of right and leave to appeal has not been granted, or alternatively, to enlarge the time to serve and file their respective briefs.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branches of the motions which are to enlarge the time to serve and file the movants' respective respondents' briefs are granted, the movants' time to serve and file their respective respondents' briefs is enlarged until January 7, 2005, and the movants' respective respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that the motions are otherwise denied.
H. MILLER, J.P., CRANE, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19015
C/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO, JJ.
|
2003-04267 Jerome Curiale, et al., respondents-appellants, v Sharrotts Woods, Inc., et al., appellants- respondents, Dan's Carpentry, et al., respondents, (and two third-party actions). (Index No. 11868/97)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated July 30, 2004, which determined an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated March 28, 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.
PRUDENTI, P.J., RITTER, KRAUSMAN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19010
C/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-04602, 2004-10426 E.W. Howell Co., Inc, et al., respondents, v Nu Beacon Erectors, Inc., et al., appellants. (Index No. 18680/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered April 26, 2004, to deem the notice of appeal from the order to also be a premature notice of appeal from a judgment of the same court entered June 10, 2004.
Upon the papers file in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as unnecessary, as the notice of appeal from the order is deemed by statute to be a premature notice of appeal from the judgment (see CPLR 5501[c]).
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19094
Y/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-10271 Morris Erbesh, et al., appellants, v Esther E. Schwartz, et al., respondents. (Index No. 17142/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay certification of the above-entitled action as ready for trial pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated October 7, 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.
H. MILLER, J.P., CRANE, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19098
E/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-00631 Gerard F. Fitzgerald, et al., appellants, v New York School City Construction Authority, et al., respondents (and a third-party action). (Index No. 25598/98)
| DECISION & ORDER ON MOTION |
Motion by the respondent McClinch Equipment to dismiss an appeal from an order of the Supreme Court, Queens County, dated October 28, 2003, for failure to perfect the appeal as to it in accordance with the rules of this court, and application by the appellants to withdraw the appeal as to the respondent McClinch Equipment.
Upon the papers filed in support of the motion and the application, and the papers filed in relation thereto, it is
ORDERED that the application is granted, and the appeal is deemed withdrawn as to the respondent McClinch Equipment, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19106
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2003-03236 Ann M. Gaydos, et al., appellants-respondents, v Fred Muhlbauer, a/k/a Frederick W. Muhlbauer, et al., respondents, New York Board of Fire Underwriters, et al., appellants (and a third-party action). (Index No. 02795/95)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents for leave to appeal to the Court of Appeals from a decision and order of this court, dated August 16, 2004, which determined an appeal from an order of the Supreme Court, Suffolk County, dated November 26, 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.
FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19020
C/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2003-00046 Greater New York Mutual Insurance Company, appellant, v Transcontinental Insurance Company, et al., defendants, Levitt-Fuirst Associates, Ltd., respondent. (Index No. 8196/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated November 6, 2002.
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 deemed withdrawn, without costs or disbursements.
SANTUCCI, J.P., H. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19107
E/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-05480, 2004-07529 Eugeniusz Karwacki, et al., respondents, v Astoria Medical Anesthesia Associates, P.C., etc., et al., defendants, Carlo Cinganelli, appellant. (Index No. 45605/98)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from an order and a judgment of the Supreme Court, Kings County, dated March 31, 2004, and July 1, 2004, respectively, to dismiss the appeal from so much of the order as granted their motion to establish the discount rate for future lost earnings on the ground that the appellant did not oppose the motion and to dismiss the appeal from the judgment as untimely taken, and cross motion by the appellant to deem the notice of appeal from the order to be a premature notice of appeal from the judgment and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from so much of the order as granted their motion to establish the discount rate for future lost earnings on the ground that the appellant did not oppose the motion is denied without prejudice to raising the issue in their respondents' brief on appeal; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the judgment as untimely taken is denied; and it is further,
ORDERED that the branch of the cross motion which is to deem the notice of appeal from the order to be a premature notice of appeal from the judgment is denied as unnecessary; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the time to perfect the appeals is granted, the appellant's time to perfect the appeals is enlarged until February 8, 2005, and the record or appendix on the appeals 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.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19004
C/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-04994, 2004-02081 Arthur Mitchell, respondent, v Seymour Handler, etc., et al., appellants. (Index No. 7031/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant Seymour Handler, joined in by the remaining appellants, to withdraw appeals from two orders of the Supreme Court, Nassau County, dated April 28, 2003, and February 13, 2004, respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeals are deemed withdrawn, without costs or disbursements.
FLORIO, J.P., ADAMS, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19047
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-04365
Pansini Stone Setting, Inc., respondent, v Crow and Sutton Associates, Inc., et al., appellants, et al., defendants. (Index No. 13210/97)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, dated March 24, 2004, to require the appellant Crow and Sutton Associates, Inc., to post an undertaking 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
M19017
A/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-00943 Samuel Schwartz, etc., appellant, v Chatchavan Suebsanguan, etc., defendant, Gordon D. Lutchman, etc., et al., respondents.
(Index No. 6604/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated November 5, 2003, 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 or relation thereto, it is
ORDERED that the motion is granted.
RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19011
C/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
SONDRA MILLER
NANCY E. SMITH, JJ.
|
2002-05612 Gregory Shinder, et al., appellants, v Nasser K. Altorki, defendant, New York Presbyterian Hospital, Inc., respondent. (Index No. 17397/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated May 22, 2002, which was determined by decision and order of this court dated October 14, 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, with $100 costs.
PRUDENTI, P.J., RITTER, S. MILLER and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18991
A/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2003-05109 Walter Silverman, appellant, v Carvel Corporation, respondent. (Index No. 9658/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered April 3, 2003, which was determined by decision and order of this court dated June 14, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
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.
ALTMAN, J.P., H. MILLER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19093
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-04625 Henry J. Stojowski, appellant, v Peter D'Sa, et al., respondents. (Index No. 19703/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, entered April 15, 2004, inter alia, for leave to prosecute the appeal as a poor person, and for leave to reargue his motion, among other things, to stay enforcement of the order and judgment 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 branch of the motion which is for leave to prosecute the appeal as a poor person is denied with leave to renew upon proper papers, including the appellant's affidavit setting forth his full financial situation including all assets, both real and personal, as well as any and all sources of income and itemized expenses; and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., CRANE, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19132
C/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-09109 Pedro Velasquez, respondent-appellant, v Rafi Mandelmon, appellant-respondent, (and a third-party action). (Index No. 25117/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 10, 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.
H. MILLER, J.P., CRANE, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19111
M/nal
|
2004-08102, 2004-08104 In the Matter of Joshua B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Steven H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Shanice H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 3) In the Matter of James B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Scott H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Malik H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-3905-04, 3906-04, N-3907-04, N-3908-04, N-3909-04, N-3910-04)
| SCHEDULING ORDER |
Appeals by Steven H. from two orders of the Family Court, Queens County, both dated August 25, 2004. By decision and order on motion of this court dated November 19, 2004, the following attorney was assigned as counsel on the appeals:
Lewis S. Calderon, Esq.
90-50 Parsons Blvd. - #405
Jamaica, New York 11432
(718) 883-1560
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 proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the 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 the order of this court dated November 19, 2004, has been served upon the clerk of the court from which the appeals are taken, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M19113
M/nal
|
2004-07400 In the Matter of Chandler D. (Anonymous). Nassau County Department of Social Services, appellant; Carole D. (Anonymous), et al., respondents. In the Matter of Charlotte D. (Anonymous). Nassau County Department of Social Services, appellant; Carole D. (Anonymous), et al., respondents. (Docket Nos. N-00390-04, N-00391-04)
| SCHEDULING ORDER |
Appeal by Nassau County Department of Social Services from an order of the Family Court, Nassau County, dated August 10, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 13, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19108
M/nal
|
2004-03997, 2004-04769 In the Matter of Eduardo D.-B. (Anonymous), appellant. (Docket No. D-336-04)
| SCHEDULING ORDER |
Appeals by Eduardo D.-B. from two orders of the Family Court, Orange County, both dated April 19, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 6, 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
M19082
M/nal
|
2003-10182, 2003-10184, 2004-03323 In the Matter of Kathleen Doherty-McCauley, respondent, v Joseph Patchen, appellant. (Docket No. F-520/98)
| SCHEDULING ORDER |
Appeals by Joseph Patchen from three orders of the Family Court, Westchester County, dated September 5, 2003, October 24, 2003, and February 25, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on December 2, 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
M19112
M/nal
|
2004-05894 In the Matter of Joseph Greenidge, appellant, v Janice Greenidge, respondent. (Docket Nos. V-14950-04, V-14951-04, V-14952-04)
| SCHEDULING ORDER |
Appeal by Joseph Greenidge from an order of the Family Court, Kings County, dated June 23, 2004. The appellant's brief was filed in the office of the Clerk of this court 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 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
M19079
M/nal
|
2004-07459 In the Matter of Ketevan Grigolava, appellant, v Gia Melikishvili, respondent. (Docket Nos. V-4251/01, V-14040/99)
| SCHEDULING ORDER |
Appeal by Ketevan Grigolava from an order of the Family Court, Queens County, dated August 16, 2004. By decision and order on motion of this court dated December 1, 2004, the following attorney was assigned as counsel on the appeal:
Yasmin Daley-Duncan, Esq.
218 Smith Street
Brooklyn, New York 11201
(718) 284-3575
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated December 1, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M19009
A/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-05734 In the Matter of Jerry Hughes, appellant, v Glenn Goord, etc., respondent. (Index No. 5782/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated May 21, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., SMITH, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19012
C/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
NANCY E. SMITH
BARRY A. COZIER, JJ.
|
2001-10123 In the Matter of Legion of Christ Incorporated, appellant, v Town of Mount Pleasant, etc., et al., respondents. (Index No. 15524/97)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered September 28, 2001, which was determined by decision and order of this court dated September 7, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
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.
ALTMAN, J.P., KRAUSMAN, SMITH and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19096
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-09937 In the Matter of New York City Housing Authority Albany Houses, petitioner, v Charmaine Collins, respondent. (Index No. 31835/01)
| DECISION & ORDER ON MOTION |
Motion by Charmaine Collins for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated July 9, 2004, which affirmed an order of the Civil Court of the City of New York, Kings County, dated March 5, 2002, and, in effect, to stay all proceedings in the above-entitled matter 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 branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the branch of the motion which is for a stay is denied as academic.
H. MILLER, J.P., CRANE, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19069
M/nal
|
2004-00884 In the Matter of Anthony O. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-101-02) In the Matter of Nicholas K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-102-02) In the Matter of Tabitha K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-103-02)
| SCHEDULING ORDER |
Appeal by Lillian O. from an order of the Family Court, Westchester County, dated December 29, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 2, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M19070
M/nal
|
2004-02089 In the Matter of Beth Panetta, appellant, v Gannon T. Ruddy, Sr., respondent. (Docket No. V-4224-97)
| SCHEDULING ORDER |
Appeal by Beth Panetta from an order of the Family Court, Suffolk County, dated February 20, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 2, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M19080
M/nal
|
2004-04645 In the Matter of Osdila Santiago, appellant, v Ismail Ibrahim, respondent. (Docket No. V-17218-98)
| SCHEDULING ORDER |
Appeal by Osdila Santiago from an order of the Family Court, Queens County, dated April 22, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 2, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M19136
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-04644
In the Matter of Hyacinth T. (Anonymous). Administration for Children's Services, respondent; Hyacinth T. (Anonymous), appellant. (Docket No. N-10623-03)
| DECISION & ORDER ON MOTION |
Appeal by the mother, Hyacinth T. from an order of the Family Court, Queens County, dated April 6, 2004. By decision and order on motion of this court dated August 6, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person and for the assignment of counsel on or before September 20, 2004. The appellant did not renew her motion. By order to show cause dated October 7, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the decision and order on motion of this court dated August 6, 2004.
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 decision and order on motion of this court dated August 6, 2004.
H. MILLER, J.P., CRANE, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19135
E/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-07479, 2004-07480, 2004-07481
In the Matter of Margaret T. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Michael T. (Anonymous), appellant, et al., respondent. (Docket Nos. B-03200-03, B-03201-03, B-03202-03)
| DECISION & ORDER ON MOTION |
Appeals by Michael T. from three orders of the Family Court, Dutchess County, dated October 27, 2003, July 9, 2004, and July 15, 2004, respectively. By order to show cause dated November 4, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated September 17, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
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 appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 17, 2004 (see 22 NYCRR 670.4[5]).
SANTUCCI, J.P., H. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19035
C/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2004-02812
In the Matter of Mihail Tutuianu, respondent- appellant, v New York State Office of Temporary & Disability Assistance, et al., appellants- respondents; Human Resources Administration, respondent. (Index No. 14001/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on an appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated March 1, 2004, inter alia, to strike the joint record on appeal on the ground that it is inadequate, 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 enlarge the time of the respondent-appellant to serve and file a brief is granted; the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, on or before January 12, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the motion is otherwise denied.
SMITH, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19081
M/nal
|
2004-03587 In the Matter of Lioida W. (Anonymous). Administration for Children's Services, respondent; Bernice W. (Anonymous), appellant. (Docket No. B-12378-99)
| SCHEDULING ORDER |
Appeal by Bernice W. from an order of the Family Court, Kings County, dated March 29, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 2, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M19137
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-03525
In the Matter of Yvette W. (Anonymous), respondent, v Simmons G. (Anonymous), appellant. (Docket No. P-1992-01)
| DECISION & ORDER ON MOTION |
Appeal by Simmons G. from an order of the Family Court, Kings County, dated March 31, 2004. By order to show cause dated November 16, 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 9, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
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 9, 2004 (see 22 NYCRR 670.4[5]).
H. MILLER, J.P., CRANE, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19031
C/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
1999-11285 The People, etc., respondent, v Michael Bloome, appellant. (Ind. No. 140/95)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Richmond County, dated November 16, 1999, to dismiss the appeal as abandoned.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, as the order appealed from is not appealable as of right and leave to appeal was not granted (see CPL 450.15); and it is further,
ORDERED that the motion is denied as academic.
S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19032
C/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-02001 The People, etc., respondent, v Jerome Donaldson, appellant. (Ind. No. 2523-03)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel to dismiss an appeal from a judgment of the County Court, Suffolk County, rendered January 5, 2004, to abate the appeal, and to remand the matter to the trial court to vacate the judgment and dismiss the indictment upon the death of the appellant on June 4, 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, the appeal is dismissed, and the matter is remitted to the County Court, Suffolk County, for further proceedings consistent with People v Mintz (20 NY2d 770).
FLORIO, J.P., H. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19022
C/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2002-05530 The People, etc., respondent, v Jose Gonzalez, appellant. (Ind. No. 01-00669)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue a motion for leave to serve and file a pro se supplemental reply brief on an appeal from a judgment of the County Court, Orange County, rendered April 25, 2002, which motion was denied by decision and order on motion of this court dated October 27, 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
M19097
E/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
NANCY E. SMITH
REINALDO E. RIVERA, JJ.
|
2002-03374 The People, etc., respondent, v Walter Hampton, appellant. (Ind. No. 915/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated October 9, 2003, which dismissed an appeal from a judgment of the County Court, Nassau County, rendered March 28, 2002, pursuant to 22 NYCRR 670.8(e) on the ground that it was abandoned, 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 thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., H. MILLER, SMITH and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19052
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-09387
The People, etc., respondent, v Fausto Plasencia, appellant. (Ind. No. 4005/00)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered September 10, 2002, 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 the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied (see CPL 460.30[1]).
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02-R-4831
Cape Vincent Correctional Facility
Route 12E-Box 739
Cape Vincent, NY 13618
Appellate Division: Second Judicial Department
M19138
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2003-05988 The People, etc., respondent, v Barry Porter, appellant. (Ind. No. 3758/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to be provided with additional minutes and documents to aid in the preparation of a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 28, 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 appellant's time to serve and file the supplemental brief is enlarged, and the supplemental brief shall be served and filed on or before March 4, 2005; 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., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 R 3162
Cape Vincent Corr. Fac.
Rte. 12E - Box 739
Cape Vincent, New York 13618
Appellate Division: Second Judicial Department
M19039
C/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2000-06446, 2000-06448 The People, etc., respondent, v Lee Semanek, appellant. (Ind. Nos. 98-00578, 99-00741)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a reconstruction hearing with respect to, inter alia, the minutes of the plea proceedings under Orange County Indictment Nos. 98-00578 and 99-00741 and the sentence proceedings under Orange County Indictment No. 99-00741 on appeals from two judgments of the County Court, Orange County, both rendered June 23, 2003.
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 matter is referred to the County Court, Orange County, for a reconstruction hearing with respect to the plea proceedings under Orange County Indictment Nos. 98-00578 and 99-00741 and the sentence proceedings under Orange County Indictment No. 99-00741 which occurred in the above-entitled case before Judge Rosenwasser; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two typewritten transcripts of the stenographic minutes of the reconstruction hearing, once said hearing has been completed, and the Clerk of the trial court shall furnish one of those certified transcripts to the appellant's counsel, without charge (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 the motion is otherwise denied with leave to renew upon a showing of what, if any, additional proceedings occurred which require a reconstruction hearing; and it is further,
ORDERED that appellant's counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18047
E/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO, JJ.
|
1990-07970 The People, etc., respondent, v Curtis Tucker, appellant. (Ind. No. 11196/88)
| DECISION & ORDER ON MOTION |
Application by the appellant for a writ of error coram nobis to vacate a decision and order of this court dated October 3, 1994 (People v Tucker, 208 AD2d 575), affirming a judgment of the Supreme Court, Kings County, rendered October 23, 1990, on the ground of ineffective assistance of appellate counsel.
ORDERED that the appellant is granted leave to serve and file a brief on the issue of whether the imposition of consecutive sentences for his convictions of robbery in the first degree and murder in the second degree was illegal; and it is further,
ORDERED that pursuant to County Law § 722, the following named attorney is assigned as counsel to prosecute the application:
Laura R. Johnson
The Legal Aid Society
1 Battery Park Plaza 27th Floor
New York, New York 10004
and it is further,
ORDERED that assigned counsel shall prosecute the application expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions; and it is further,
ORDERED that the application is held in abeyance in the interim.
PRUDENTI, P.J., RITTER, SANTUCCI and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19023
C/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2004-08369 The People, etc., ex rel. Richard Prittler, appellant, v Brian Fisher etc., respondent. (Index No. 624/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered April 16, 2004, 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 the papers filed in opposition or relation 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