Appellate Division: Second Judicial Department
M19254
CF/
|
2004-09372 Bank of New York, respondent, v Elite Investigations, Ltd., appellant. (Index No. 30089/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated September 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M19235
CF/
|
2002-11303 Deon Barnes, et al., respondents, v City of New York, et al., appellants. (Index No. 24249/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 20, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19238
CF/
|
2004-07234 Nicholas Barone, et al., respondents, v SCA Realty Corporation, appellant. (Index No. 10733/01)
| 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 May 21, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M19053
A/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-09117
Bushwick Properties Management Limited Partnership, plaintiff, v Vanessa Woods, et al., defendants. (Index No. 63780/03)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by the defendant Vanessa Woods for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated March 30, 2004, which affirmed an order of the Civil Court of the City of New York, Kings County, entered June 11, 2003.
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., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19226
CF/
|
2004-06069 Business Valuation Services, LLC, respondent, v Lisa Marie Doria, appellant. (Index No. 18508/03)
| 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 June 4, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18996
C/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-00932 Stephanie Cabrera, etc., et al., appellants, v City of New York, et al., respondents. (Index No. 22913/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the record on an appeal from an order of the Supreme Court, Queens County, dated November 17, 2003, to include, inter alia, a letter dated August 31, 2000, from the appellants' counsel to the Corporation Counsel of the City of New York.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that on or before December 27, 2004, the appellants shall serve and file a supplemental record on appeal containing the letter dated August 31, 2000, from the appellants' counsel to the Corporation Counsel of the City of New York; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the court's own motion the following statement is deemed stricken from page 9 of the appellant's brief: "Pursuant to a July 6, 1999, Preliminary Conference Order"; and it is further,
ORDERED that the respondents' time to serve and file their brief is enlarged until January 20, 2005.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19263
S/sl
|
2003-09898
Cappelli Enterprises, Inc., appellant, v F&J Continental Food Corp., et al., respondents. (Index No. 08244/03)
| ORDER ON APPLICATION |
Application by the respondent F&J Continental Food Corp. 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, Westchester County, dated October 1, 2003.
ORDERED that the application is granted and the movant's brief which was submitted to the Clerk of this court on December 9, 2004, is accepted for filing; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before December 27, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19207
PL/sl
|
2004-02998
Claire Chadderton, etc., et al., appellants, v James M. Galia, et al., respondents. (Index No. 10020/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 8, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 24, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19248
CF/
|
2004-05412 Vivian Cheng, respondent, v C & E Cab Corp., et al., appellants, et al., defendants. (Index No. 3299/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 7, 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
M19237
CF/
|
2004-04806 ELRAC, Inc., etc., appellant, v Transportation Insurance Company, et al., respondents. (Index No. 8789/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19256
CF/
|
2004-07445 Juan Vicente Echeverria, plaintiff-respondent, v Estate of Marvin L. Linder, et al., defendants third-party plaintiffs-respondents; Always Equipment, third-party defendant-appellant. (Index No. 18666/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 2, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19262
CF/
|
2004-04749 Michael Estivo, et al., plaintiffs-respondents, v Verizon Communications, Inc., et al., defendants- respondents, Daimler Chrysler Financial Services, LLC, etc., et al., defendants-appellants. (Index No. 4184/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants Neil L. Birch and Rhonda Birch to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 20, 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 Neil L. Birch and Rhonda Birch is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19259
CF/
|
2004-06174 Beatriz Farfan, et al., respondents, v Fausto Martinez, et al., appellants. (Index No. 33702/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 17, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19272
J/sl
|
2004-05290 Homeside Lending, Inc., respondent, v Terrence Watts, a/k/a Terrence Q. Watts, et al., defendants; S & K Properties, et al., nonparties-appellants. (Index No. 19587/01)
| 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, Nassau County, dated April 22, 2004.
ORDERED that the application is granted and the record on appeal and the appellants' brief which were submitted to the office of the Clerk of this court are accepted for filing; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged, and the respondent's brief must be served and filed on or before January 12, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19228
CF/
|
2004-07412 Stephen Joubert, appellant, v Craig Austin, etc., et al., respondents. (Index No. 2653/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Dutchess County, entered July 22, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19230
CF/
|
2004-07063 Angela King, respondent, v Bed, Bath & Beyond, Inc., appellant. (Index No. 10894/02)
| 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 May 21, 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
M19266
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-04461 Bruce S. Klutchko, appellant, v Marcy R. Baron, respondent. (Index No. 3586/93)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated June 3, 2004, in the above-entitled case is recalled and vacated.
SANTUCCI, J.P., KRAUSMAN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19265
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-04461 Bruce S. Klutchko, appellant, v Marcy R. Baron, respondent. (Index No. 3586/93)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated May 13, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, dated May 15, 2003, inter alia, to dismiss the appeal on the ground that the record is incomplete, or to enlarge the time to serve and file a brief. By decision and order on motion dated January 22, 2004, the matter was remitted to the Supreme Court, Westchester County, to settle the record on appeal and to file a report with this court setting forth the material it considered in determining the motion which resulted in the order dated May 15, 2003. The Supreme Court, Westchester County, has filed its report.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Westchester County, it is
ORDERED that the branch of the motion which is to strike matter from the appellant's appendix and brief is granted to the extent that pages 155-165, and 240-256 are stricken from the appendix, and the following material is stricken from the appellant's brief: beginning on page 11, the final paragraph beginning with the words "On April 23, 2003," through page 12 ending with the words "May 15, 2003; (A. 4)", and on or before December 27, 2004, the appellant shall delete or remove the above referenced material from his appendix and brief, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to direct the appellant to file a complete appendix is granted to the extent that on or before December 27, 2004, the appellant shall serve and file a supplemental appendix containing the affidavit of Marcy R. Baron dated June 30, 1995, filed in support of her order to show cause, 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's brief shall be served and filed on or before January 20, 2005; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., KRAUSMAN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19233
CF/
|
2004-07315 Vladislav Kravets, appellant, v Shulamit Younger, et al., respondents. (Index No. 15369/02)
| 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 May 6, 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
M19225
CF/
|
2004-05334 Diane F. Leibel, plaintiff-respondent, v Flynn Hill Elevator Company, defendant, Anthony Corso, et al., defendants-respondents, Kone, Inc., f/k/a FHE Services, Inc., s/h/a Flynn Hill Elevator, defendant third-party plaintiff- appellant; Citnalta Construction Corporation, fourth-party defendant-respondent. (Index No. 5657/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 17, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19271
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-09800 Penny Linden, respondent, v Sheldon Linden, appellant. (Index No. 09167/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Sheldon Linden from an order of the Supreme Court, Westchester County, dated September 27, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order appealed from is not appealable as of right and leave to appeal has not been granted (see CPLR 5701).
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19278
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-10238 Margaret Magnuson, respondent, v Leonard O. Magnuson, appellant. (Index No. 19323/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Leonard O. Magnuson from an order of the Supreme Court, Westchester County, dated August 20, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order appealed from is not appealable as of right and leave to appeal has not been granted (see CPLR 5701).
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19261
PL/sl
|
2004-05142
Daniel Millionard, appellant, v Mimose Olivier, respondent. (Index No. 8154/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 27, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 1, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19232
CF/
|
2004-07632 Mani Mehera Mullen, respondent, v New York City Transit Authority, et al., appellants. (Index No. 10155/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Richmond County, dated June 26, 2004.
Upon the stipulation of the parties, dated November 29, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19197
PL/sl
|
2004-05583 Markiel Mullokandov, appellant, v Joan R. Nicholas, et al., respondents. (Index No. 017970/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 21, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 22, 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
M19267
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2002-02506
Ronnie I. Naposki, etc., et al., appellants, v First National Bank of Atlanta, et al., respondents. (Index No. 2572/00)
| ORDER ON APPLICATION |
Application by the appellants on an appeal from an order of the Supreme Court, Westchester County, dated February 5, 2002, to substitute Ronnie I. Naposki, as administrator of the estate of John F. Naposki, Sr., for the deceased plaintiff, John F. Naposki, Sr.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and Ronnie I. Naposki, as administrator of the estate of John F. Naposki, Sr., is substituted for the deceased plaintiff, John F. Naposki, Sr., and the caption of the appeal is amended accordingly.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19258
PL/sl
|
2004-05313 Outside Connection, Inc., plaintiff, Brian Prins, appellant, v Anthony DiGennaro, et al., respondents. (Index No. 13625/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated May 25, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 31, 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
M19127
A/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-09893 John D. Parker, appellant, v Margaret Booker, respondent.
(Index No. 26764/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a decision of the Supreme Court, Suffolk County, dated October 12, 2004, inter alia, to stay enforcement of a judgment of the same court dated November 15, 2004, 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 on the court's own motion, the notice of appeal from the decision is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,
ORDERED that the motion is denied.
S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19227
CF/
|
2004-07570 Caryl Pedersen, appellant, v Robert L. Howe, et al., respondents. (Index No. 21642/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 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
M19260
CF/
|
2004-07424 Ana A. Quintanilla, et al., respondents, v Michael T. D'Angelo, appellant. (Index No. 14054/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 29, 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
M19247
CF/
|
2004-05502 Eli Salem, et al., respondents, v New York City Housing Authority, appellant. (Index No. 44807/03)
| 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 May 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
M19243
CF/
|
2004-04972 Diana Sandiford, respondent, v Janet Arab, appellant. (Index No. 29693/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, entered May 21, 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
M19240
CF/
|
2004-05946 Lydia E. Torres, plaintiff-respondent, v Estate Builders of America, Inc., defendant third-party plaintiff, Church of St. Patrick, defendant third-party plaintiff-appellant; D&P Interiors, Inc., et al., third-party defendants-respondents. (Index No. 4450/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated May 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19234
CF/
|
2004-06648 Marie Valsaint, appellant, v S.B. Patel, et al., respondents. (Index No. 10969/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 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
M19224
CF/
|
2004-01098 Gail Wechsler, respondent, v Anita Moallem, etc., et al., appellants. (Index No. 13806/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Kings County, entered January 7, 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
M19229
CF/
|
2004-07574 Sean T. White, et al., respondents, v Livingston Second Housing Development Fund Corporation, appellant. (Index No. 4671/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 3, 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
M19251
M/nal
|
2004-04135 In the Matter of Christly A. (Anonymous), appellant. (Docket Nos. D-025794-03, D-032424-03, D-05823-04)
| SCHEDULING ORDER |
Appeal by Christly A. from an order of the Family Court, Kings County, dated April 21, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 9, 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
M19250
CF/
|
2004-05303 In the Matter of AIU Insurance Company, petitioner-respondent, v Belton Long, respondent- respondent, State Farm Mutual Automobile Insurance Company, appellant, et al., respondent. (Index No. 7228/00)
| 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 April 20, 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
M19246
M/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM A. MASTRO, JJ.
|
2003-10783 In the Matter of Brittney (Anonymous). Lisa Z. (Anonymous), et al., respondents; Frederick C. (Anonymous), appellant. (Proceeding No. 1)
(Docket No. A-2745-03) 2004-01792 In the Matter of Lisa Z. (Anonymous), v Frederick C. (Anonymous). (Proceeding No. 2) (Docket No. V-4863-96)
| SCHEDULING ORDER |
Appeals by Frederick C. from two orders of the Family Court, Dutchess County, dated November 3, 2003 (Appellate Division Docket No. 2003-10783), and January 29, 2004 (Appellate Division Docket No. 2004-01792), respectively. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until December 30, 2004; and it is further,
ORDERED that no further enlargement of time shall be granted.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19275
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-10608 In the Matter of Yocheved Gornish, respondent, v Yoseh Gornish, appellant. (Docket No. V-23611/04, V-23612/04, V-23613/04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Yoseh Gornish from an order of the Family Court, Kings County, dated November 3, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order appealed from is not appealable as of right and leave to appeal has not been granted (see Family Ct Act § 1112).
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19242
CF/
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2004-05484 In the Matter of Government Employees Insurance Company, petitioner-respondent, v Adrian Williams, respondent-respondent, New York Central Mutual Fire Insurance Company, appellant. (Index No. 48150/03)
| 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 May 19, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19273
M/nal
|
2003-10713 In the Matter of Daffodil Graham, respondent, v Michael White, appellant. (Docket No. V-11769/02)
| SCHEDULING ORDER |
Appeal by Michael White from an order of the Family Court, Westchester County, dated October 28, 2003. 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 law guardian's time to serve and file a brief on the appeal is enlarged until January 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19214
M/nal
|
2004-10649 In the Matter of Ricardo M. Legazpy, appellant, v Jacqueline Ruggiero-Legazpy. (Docket Nos. V-04236-04, V-04237-04)
| SCHEDULING ORDER |
Appeal by Ricardo M. Legazpy from an order of the Family Court, Richmond County, dated October 19, 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
M19133
E/sl
NANCY E. SMITH, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-03370 In the Matter of Darien Jermaine M. (Anonymous), Jr. Family Support Systems Unlimited, Inc., et al., respondents; Lashawn R. (Anonymous), appellant. (Docket No. B-15877-02)
| DECISION & ORDER ON MOTION |
Appeal by Lashawn R. from an order of the Family Court, Queens County, dated March 10, 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 of this court dated June 10, 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 appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 10, 2004 (see 22 NYCRR 670.4[a][5]).
SMITH, J.P., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19216
S/sl
NANCY E. SMITH, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-03346
In the Matter of Jeremiah M. (Anonymous). Family Support Systems Unlimited, Inc., et al., respondents; Lashawn R. (Anonymous), appellant. (Docket No. B-15877-02)
| DECISION & ORDER ON MOTION |
Appeal by Lashawn R. from an order of the Family Court, Queens County, dated March 10, 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 of this court dated June 10, 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 appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 10, 2004 (see 22 NYCRR 670.4[a][5]).
SMITH, J.P., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19276
PL/sl
|
2004-05478 In the Matter of Mary P. Mitchell, respondent, v City of New York Department of Health and Mental Hygiene, appellant. (Index No. 11483/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated November 24, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 7, 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
M19252
CF/
|
2004-09436 In the Matter of Christine Pellicane, appellant, v Nathan Forkey, respondent. (Docket No. V-10335-04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated October 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
M19277
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-10479
In the Matter of Stephen R. Penn, appellant, v Ingrid M. Penn, respondent. (Docket No. F-05067-02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Stephen R. Penn from an order of the Family Court, Queens County, dated November 15, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order appealed from is not appealable (see Family Ct Act § 439[e]).
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19067
M/nal
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-04280 In the Matter of Elaine Powell, respondent, v Kenneth Lewis, appellant. (Docket No. F-365/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Kings County, dated April 15, 2003. The appellant's appendix and brief were served and filed on May 27, 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 14, 2005; and it is further,
ORDERED that no further enlargements 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
M19249
M/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM A. MASTRO, JJ.
|
2004-05934
In the Matter of Jasmine R. (Anonymous). Suffolk County Department of Social Services, respondent; Luis R. (Anonymous), appellant. In the Matter of David R. (Anonymous). Suffolk County Department of Social Services, respondent; Luis R. (Anonymous), appellant. In the Matter of Joshua R. (Anonymous). Suffolk County Department of Social Services, respondent; Luis R. (Anonymous), appellant. In the Matter of Krystina R. (Anonymous). Suffolk County Department of Social Services, respondent; Luis R. (Anonymous), appellant. (Docket Nos. N-17200-03, N-17214-03, N-17215-03, N-17216-03)
| DECISION & ORDER ON MOTION |
Appeal by Luis R. from an order of the Family Court, Suffolk County, dated June 9, 2004. By decision and order on motion dated November 4, 2004, the appellant was given until December 3, 2004, to perfect the above-entitled appeal. The appeal has not been perfected. On the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19253
M/nal
|
2004-06086 In the Matter of Henry Ramos, respondent, v Westchester County Department of Social Services, o/b/o Joan Sivulich, appellant. (Docket No. P-02719-94)
| SCHEDULING ORDER |
Appeal by Westchester County Department of Social Services, o/b/o Joan Sivulich from an order of the Family Court, Westchester County, dated June 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 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18694
M/nal
|
2004-05503 In the Matter of Sharon Sitzer, appellant, v Gary Fay, respondent. (Docket No. V-1607-93)
| SCHEDULING ORDER |
Appeal by Sharon Sitzer from an order of the Family Court, Suffolk County, dated May 20, 2004. By decision and order on motion of this court dated November 22, 2004, the following attorney was assigned as counsel on the appeal:
Gina M. Scelta, Esq.
P.O. Box 407
Centerport, New York 11721
(631) 547-6973
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 November 22, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M19270
M/nal
|
2004-05115
In the Matter of Martina April T. (Anonymous). Administration for Children's Services, petitioner- respondent; Martin Mc. (Anonymous), appellant, et al., respondent. (Docket No. B-2024/00)
| ORDER TO SHOW CAUSE |
Appeal by Martin Mc. from an order of the Family Court, Queens County, dated May 11, 2004. By decision and order on motion of this court dated October 25, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before December 1, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (see 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 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 30, 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
M19269
J/sl
|
2004-03056 The People, etc., respondent, v Courtney Massias, appellant. (Ind. No. 922/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, rendered March 9, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until February 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19223
Y/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
|
1999-01875 The People, etc., respondent, v Williams David, appellant. (Ind. No. 97-01571)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an application for a writ of error coram nobis to vacate, on the grand of ineffective assistance of counsel a decision and order of this court dated December 11, 2000, (People v Williams, 278 AD2d 348), affirming a judgment of the County Court, Westchester County, rendered December 22, 1998, which was determined by decision and order of this court dated September 13, 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.
PRUDENTI, P.J., RITTER, H. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court