APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5605
T/sl
MYRIAM J. ALTMAN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
VREINALDO E. RIVERA, JJ.
|
2000-10282 Alice Laraine Dimery, appellant-respondent, v Ulster Savings Bank, respondent-appellant. (Index No. 230/93)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Putnam County, dated October 26, 2000.
Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until January 5, 2004, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant's shall serve and file its answering brief, including its points of argument on the cross appeal, on or before February 4, 2004 (see 22 NYCRR 670.8[c][3]).
ALTMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5659
Y/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2002-11089 Jacob M. Gordon, appellant, v Teramo & Company, Inc., et al., defendants, John Teramo, et al., respondents. (Index No. 19538/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated November 12, 2002, which was determined by decision and order of this court dated September 8, 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.
SMITH, J.P., LUCIANO, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5650
S/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-06195
Guo Quan Cao, appellant, v Beaumont Associates, respondent. (Index No. 18651/02)
| ORDER TO SHOW CAUSE |
The plaintiff having appealed to this court from an order of the Supreme Court, Queens County, dated May 29, 2003, and this court having noticed the matter for a CAMP conference, and, counsel for the respondent having failed to appear at the conference without excuse,
Now on the court's own motion, it is
ORDERED that counsel for the respondent show cause why an order should not be entered dismissing the appeal or imposing such other sanction as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2), by 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 all parties to the action on or before January 9, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon counsel for all parties by regular mail.
RITTER, J.P., SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5580
M/sl
|
2003-05839 Nicholas Hartung, plaintiff-respondent, v Cara Elizabeth Lindsley, et al., defendants- respondents, Merrill K. Morris, et al., appellants. (Index No. 9287/01)
| 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, Queens County, dated May 15, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 19, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5576
M/sl
|
2003-04069 Robert Hothan, respondent, v Metropolitan Suburban Bus Authority, et al., appellants. (Index No. 352/95)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered April 11, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 3, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5632
E/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2003-02148 Household Bank (SB), N.A., respondent, v Steve N. Mitchell, appellant. (Index No. 1028/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Dutchess County, dated January 27, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on 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 with leave to renew on condition that on or before January 20, 2004, the appellant serves and files a supplemental record containing all of the papers submitted by the plaintiff in connection with its motion for summary judgment.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5657
Y/sl
MYRIAM J. ALTMAN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-07809 Barry Licht, appellant, v Debbie Licht, respondent. (Index No. 6992/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated July 24, 2003, as a poor person.
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 proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that those branches of the motion which are for a copy of the transcript without charge and to waive payment of the filing fee are denied.
ALTMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5655
O/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-03598, 2003-03601 Daria Liles, appellant, v Suffolk County, et al., respondents. (Index No. 4116/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss appeals from an order and a judgment of the Supreme Court, Suffolk County, dated March 11, 2003, and March 19, 2003, respectively, as abandoned.
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 appeals are dismissed, without costs or disbursements.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5585
M/sl
|
2002-06706, 2002-06977 Richard MacVicar, respondent, v Aerodrome Development Corporation, appellant. (Index No. 3307/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Orange County, dated May 30, 2002, and a judgment of the same court, entered July 10, 2002.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 31, 2003, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5604
S/sl
|
2003-05578 Kenneth McGovern, et al., appellants, v St. Patrick's Church, et al., respondents, (Index No. 4346/01)
| 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, Westchester County, dated April 28, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 9, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5698
S/sl
|
2003-05238 Metro Group Construction Corporation, appellant-respondent, v Town of Hempstead, respondent-appellant. (Index No. 15799/98)
| ORDER ON APPLICATION |
ORDERED that the order on application dated December 11, 2003, in the above- entitled case is amended by deleting from the decretal paragraph thereof the date "December 12, 2003", and substituting therefor the date "December 31, 2003".
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5626
T/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2002-00330, 2002-00332, 2002-00333 2002-00334
Leonora Natale, et al., appellants, v Jeffrey Samel & Associates, et al., respondents. (Index No. 5881/99)
| DECISION & ORDER ON MOTION |
Motions by the appellants for leave to reargue appeals from three orders of the Supreme Court, Nassau County, dated September 5, 2001, September 28, 2001, and November 21, 2001, respectively, and a judgment of the same court dated December 5, 2001, which were determined by decision and order of this court dated September 29, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and to stay enforcement of the decision and order of this court dated September 29, 2003, pending hearing and determination of the appeal to the Court of Appeals.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions for reargument or, in the alternative, for leave to appeal to the Court of Appeals are denied, with one bill of $100 costs; and it is further,
ORDERED that the motion to stay enforcement of the decision and order of this court dated September 29, 2003, is denied as academic.
SMITH, J.P., LUCIANO, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5577
M/sl
|
2003-04981 Newport Service and Leasing, Inc., appellant, v Meadowbrook Distributing Corp., etc., et al., respondents. (Index No. 07990/02)
| 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, Nassau County, dated April 21, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 4, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5633
E/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2003-03358 Nissequogue Boat Club, etc., appellant, v State of New York, et al., respondents.
(Index No. 30400/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, entered April 10, 2003.
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 it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until January 12, 2004, and the respondents' brief must be served and filed on or before that date.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5578
M/sl
|
2003-03485 Katherine Otto, respondent, v Lawrence Otto, appellant. (Index No. 10618/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 14, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 9, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5651
S/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-06814 Elva Randle, respondent, v New York City Transit Authority, appellant. (Index No. 10436/01)
| ORDER TO SHOW CAUSE |
The defendant having appealed to this court from an order of the Supreme Court, Richmond County, dated June 5, 2003, and this court having noticed the matter for a CAMP conference, and, counsel for the respondent having failed to appear at the conference without excuse,
Now on the court's own motion, it is
ORDERED that counsel for the respondent show cause why an order should not be entered dismissing the appeal or imposing such other sanction as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2), by 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 all parties to the action on or before January 9, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon counsel for all parties by regular mail.
RITTER, J.P., SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5619
T/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-09321 In the Matter of Theresa Barton, appellant, v John Barton, respondent. (Docket Nos. V-11566-7/03, O-18752/03, O-13574/03, O-13574/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated October 9, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied with leave to the appellant to renew, on or before January 9, 2004, upon the submission of proper papers establishing that she is entitled to poor person relief including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, and itemized expenses.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5641
S/sl
|
2003-02572 In the Matter of C&S Actor Auto Corp., appellant, v Myia D. Darnell, respondent. (Index No. 18560/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated March 24, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 29, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5210
M/mv
|
2000-05521, 2000-05523, 2000-05525 In the Matter of Desiree C. (Anonymous). Administration for Children's Services, respondent; Patrick D. (Anonymous), appellant. (Docket Nos. N-23149-50/98)
| SCHEDULING ORDER |
Appeals by Patrick D. from three orders of the Family Court, Kings County, one dated January 14, 2000, and two dated May 23, 2000. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated October 6, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent/the law guardian to serve and file a brief in the above-entitled appeals is enlarged until January 20, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5662
Y/sl
NANCY E. SMITH, J.P.
WILLIAM D. FRIEDMANN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2001-04403, 2002-01038 In the Matter of Diane Calabritto, et al., respondents, v Denis Dillon, etc., et al., appellants. (Index No. 10107/92)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue appeals from an interlocutory judgment and an order of the Supreme Court, Nassu County, dated March 27, 2001, and November 29, 2001, respectively, which were determined by decisions and orders of this court dated October 6, 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.
SMITH, J.P., FRIEDMANN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5209
M/mv
|
2003-04937 In the Matter of Mary Jo Clarke, respondent, v Michael J. Clarke, appellant. (Docket No. F-2447-02)
| SCHEDULING ORDER |
Appeal by Michael J. Clarke from an order of the Family Court, Nassau County, dated April 25, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated August 1, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until January 16, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5188
M/mv
|
2003-05921 In the Matter of Adriana J. Curbelo, respondent, v Hector M. Clemente, appellant. (Docket No. F-4568/02)
| SCHEDULING ORDER |
Appeal by Hector M. Clemente from an order of the Family Court, Suffolk County, dated September 11, 2003. On November 5, 2003, the appellant informed this court that the transcripts had been received on June 26, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that on or before December 31, 2003, counsel for the appellant shall perfect the appeal or submit an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that assigned counsel is directed to provide copies of the transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that if the appeal has not been perfected or withdrawn on or before December 31, 2003, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M5219
M/mv
|
2003-04432 In the Matter of Todd D. (Anonymous). Administration for Children's Services, et al., respondents; Jean L. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-00385-01) In the Matter of Dashawn L. (Anonymous). Administration for Children's Services, et al., respondents; Jean L. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-00386-01)
| SCHEDULING ORDER |
Appeal by Jean L. from an order of the Family Court, Kings County, dated February 11, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated June 27, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until January 2, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5204
M/mv
|
2002-06575 In the Matter of Mayabelle F. (Anonymous). Orange County Department of Social Services, et al., respondents; Jean Emmanuel T. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Malachei T. (Anonymous). Orange County Department of Social Services, et al., respondents; Jean Emmanuel T. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Miles F. (Anonymous). Orange County Department of Social Services, et al., respondents; Jean Emmanuel T. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Mariah F. (Anonymous). Orange County Department of Social Services, et al., respondents; Jean Emmanuel T. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. NA-4649-01, NN-4658-01, NN-4654-01, NN-7629-01, NN-7628-01)
| SCHEDULING ORDER |
Appeal by Jean Emmanuel T. from an order of the Family Court, Orange County, dated June 14, 2002. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated August 7, 2003, in the above-entitled proceedings is amended to provide that the law guardian's time to serve and file a brief in the above-entitled appeal is enlarged until January 2, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5199
M/mv
|
2003-03361 In the Matter of Vanessa F. (Anonymous). Edward Gould Services for Children & Families, respondent; Vanessa F. (Anonymous), appellant. (Docket No. B-22992-01)
| SCHEDULING ORDER |
Appeal by the mother, Vanessa F., from an order of the Family Court, Kings County, dated February 21, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated June 25, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until January 16, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5195
M/mv
|
1999-06725 In the Matter of Jesus Fuentes, appellant, v Karen Fuentes, respondent. (Docket No. V-827-29/95)
| SCHEDULING ORDER |
Appeal by Jesus Fuentes from an order of the Family Court, Suffolk County, dated July 18, 1996. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated October 10, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent/the law guardian to serve and file a brief in the above-entitled appeal is enlarged until January 2, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5371
F/
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-07932
In the Matter of Walter K. (Anonymous). Administration for Children's Services, respondent; Francine S. (Anonymous), appellant. (Docket No. N-2440-02)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Richmond County, dated August 27, 2003, and for leave to prosecute the appeal as a poor person.
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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Edward Caesar, Esq.
26 Court Street - Suite 2401
Brooklyn, New York 11201-4404
(914) 682-8837
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., LUCIANO, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5598
T/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-05347 In the Matter of Deborah Mahoney, appellant, v Peter Hefter, respondent. (Docket No. V-1176/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated December 5, 2003, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the respondent to dismiss an appeal from a judgment of the Family Court, Nassau County, dated April 9, 2002, on the ground that the appellant's brief was not properly served on the respondent.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), the scheduling order dated October 6, 2003, is amended to provide that the respondent's time to serve and file a brief is enlarged until January 12, 2004.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5228
M/mv
|
2003-05069 In the Matter of Paul S. Mayer, appellant, v Collenn F. Mayer, respondent. (Docket No. F-2692-02)
| SCHEDULING ORDER |
Appeal by Paul S. Mayer from an order of the Family Court, Orange County, dated April 28, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated August 1, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until January 20, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5631
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-08126 In the Matter of Kevin Smith, petitioner, v Supreme Court, Kings County, etc., et al., respondents. (Index No. 2183/86)
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of mandamus, and motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.
Upon the papers filed in support of the petition and the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for permission to proceed as a poor person is denied; and it is further,
ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).
The allegations of merit contained in the petitioner's affidavit in support of the motion for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5215
M/mv
|
2002-07989, 2002-07990 In the Matter of Jeremiah Kwimea T. (Anonymous). Pius XII Youth & Family Services, et al., respondents; Jeremiah T. (Anonymous), Sr., et al., appellants. (Docket No. B-579/00)
| SCHEDULING ORDER |
Appeals by Jeremiah T., Sr., from an order and findings of fact of the Family Court, Queens County, both dated August 5, 2002. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated October 28, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent/the law guardian to serve and file a brief in the above-entitled appeal is enlarged until January 2, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5187
M/mv
|
2002-11376, 2002-11380, 2002-11381 In the Matter of "Female" W. (Anonymous), a/k/a Paulette W. (Anonymous). St. Vincent's Services, Inc., et al., respondents; Jeanette W. (Anonymous), appellant. (Proceeding No. 1) (Index No. B4345-01) In the Matter of Jennifer W. (Anonymous). St. Vincent's Services, Inc., et al., respondents; Jeanette W. (Anonymous), appellant. (Proceeding No. 2) (Index No. B4346-01) In the Matter of Paul W. (Anonymous). St. Vincent's Services, Inc., et al., respondents; Jeanette W. (Anonymous), appellant. (Proceeding No. 3) (Index No. B4347-01)
| SCHEDULING ORDER |
Appeals by the mother Jeanette W. from three orders of the Family Court, Kings County, all dated October 14, 2002. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated April 30, 2003, in the above-entitled proceedings is amended to provide 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 670.9[d][2]) and by serving and filing the brief on the appeals is enlarged until January 2, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5615
F/
MYRIAM J. ALTMAN, J.
|
2003-07942 The People, etc., plaintiff, v Alexander Burgess, defendant. (Ind. No. 5837/96)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 28, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
MYRIAM J. ALTMAN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5609
F/
ROBERT W. SCHMIDT, J.
|
2003-08146 The People, etc., plaintiff, v Gino D'Amico, defendant. (Ind. No. 96-00603)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Orange County, dated January 21, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5617
T/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-00528 The People, etc., respondent, v Frank Fanelli, a/k/a Dominic Fanelli, appellant. (Ind. No. 2210-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered December 12, 2001, for leave to file certain exhibits with his supplemental pro se brief.
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 granted and the exhibits which were deposited in the office of the Clerk of the court are accepted for filing.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5660
Y/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2002-04220 The People, etc., respondent, v Johnny Gueits, appellant. (Ind. Nos. 2121/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered April 30, 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 it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until January 13, 2004, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5634
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-00766
The People, etc., respondent, v Charles Langhorn, appellant. (Ind. No. 202/00)
| ORDER TO SHOW CAUSE |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered December 18, 2002, on the ground that the appellant has abandoned the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is held in abeyance; and it is further,
ORDERED that the appellant show cause before this court, at the courthouse thereof, located at 45 Monroe Place, Brooklyn, New York 11201, on January 26, 2004, at 9:30 A.M., why an order should not be entered dismissing the appeal as abandoned; and it is further,
ORDERED that the Clerk of this court is directed to serve a copy of this order upon the appellant, his counsel, and the District Attorney, by regular mail.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5688
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
1999-04230 The People, etc., respondent, v James M. Myron, appellant. (Ind. No. 85/97)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated December 11, 2003, in the above-entitled case is amended by deleting from the preamble thereof the word "supplemental".
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5611
F/
ROBERT W. SCHMIDT, J.
|
2003-07869 The People, etc., plaintiff, v Gillian Torres, defendant. (Ind. No. 7312/92)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated June 25, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5373
K/sl
BARRY A. COZIER, J.
|
2003 02389 The People, etc., respondent, v William Wolmart, appellant. (Ind. No. 2091/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Nassau County, rendered November 15, 2002, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
BARRY A. COZIER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5539
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003 02389 The People, etc., respondent, v William Wolmart, appellant. (Ind. No. 2091/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Nassau County, rendered November 15, 2002, for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk