Appellate Division: Second Judicial Department
M19536
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2004-06000
BRG Queens LLC, respondent, v Medical Investor Associates, L.P., appellant, et al., defendant. (Index No. 2589/04)
| 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, entered June 7, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 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
M19507
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2003-10977
Pamela M. Bickford, appellant, v St. Francis Hospital, et al., respondents. (Appeal No. 1) 2004-05509 Pamela M. Bickford, appellant-respondent, v St. Francis Hospital, respondent-appellant, Vittal Rao, etc., et al., respondents. (Appeal No. 2) (Index No. 3993/99)
| ORDER ON APPLICATION |
Application by St. Francis Hospital pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file reply brief on an appeal from two orders and judgments (one paper each) of the Supreme Court, Dutchess County, dated November 20, 2003, and June 14, 2004, respectively.
ORDERED that the application is granted and reply brief of St. Francis Hospital which was submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19134
A/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-00877, 2004-02228, 2004-02229, 2004-05207
Anne Bryant, respondent, v Broadcast Music, Inc., a/k/a "BMI", et al., defendants, Griffin Bacal, et al., appellants. (Action No. 1) (Index No. 5192/00) Anne Bryant, respondent, v Sunbow Productions, Inc., appellant. (Action No. 2) (Index No. 2821/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant Sunbow Productions, Inc., to enlarge the time to perfect appeals from four orders of the Supreme Court, Rockland County, dated December 15, 2003, December 24, 2003, January 22, 2004, and May 26, 2004.
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 movant's time to perfect the appeals is enlarged until January 18, 2005, and the joint record or appendix on the appeals and the movant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., CRANE, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19560
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|
2004-04366
Robert F. Coreth, et al., respondents-appellants, v Scott E. Silver, et al., appellants-respondents, Roger M. Antin, respondents, et al, defendant. (Index No. 803/02)
| ORDER ON APPLICATION |
Application by the appellants-respondents 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 March 26, 2004.
ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until March 1, 2005, and the joint record or appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19539
E/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2002-08877
Peter Cudjoe, appellant, v State of New York, respondent. (Claim No. 104968)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Court of Claims, dated August 20, 2002, which was determined by decision and order of this court dated February 2, 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.
PRUDENTI, P.J., RITTER, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19537
E/nal
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2003-06213
Equicredit Corporation of America, etc., respondent, v Virgilio P. Williams, etc., et al., defendants, Kunjunjamma Kuriakose, appellant. (Index No. 2392/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Westchester County, dated May 23, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the appendix on appeal. Cross motion by the respondent to dismiss the appeal on the ground that the appellant failed to timely perfect the appeal.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are denied; and it is further,
ORDERED that on the court's own motion, 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 and the respondent. 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]); and it is further,
ORDERED that on the court's own motion, 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 her brief on the appeal is enlarged until January 25, 2005.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19535
CF/
|
2004-01260 Angela Gram, et al., respondents, v Mohsen Chafizadeh, etc., defendant, St. John's Riverside Hospital, appellant. (Index No. 18169/01)
| 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 December 18, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19508
Y/nal
FRED T. SANTUCCI, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2004-09215
Herman S. Howard, et al., appellants, v Arent Fox Kintner Plotkin & Kahn, PLLC, et al., respondents. (Index No. 18715/00)
| DECISION & ORDER ON MOTION |
Motion by Rodney F. Page, an attorney in good standing in the State of Virginia, to be admitted pro hac vice to represent the respondents on an appeal from an order of the Supreme Court, Westchester County, dated September 9, 2004.
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.
SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19556
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2004-07020
Ann Marie Leonard, et al., respondents, v David Reinhardt, appellant, et al., defendants. (Index No. 32786/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated July 23, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 21, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19541
E/nal
FRED T. SANTUCCI, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2003-11189 Sean Lester, et al., appellants, v Francis Braue, defendant, John Navaratta, respondent. (Index No. 20430/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant Joseph A. F. Sadowski on an appeal from an order of the Supreme Court, Nassau County, dated December 15, 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; and it is further,
ORDERED that on the court's own motion, the remaining appellants time to perfect their appeals is enlarged until January 20, 2005, and the appellants must either file their own briefs or notify the court that they intend to adopt the brief filed by appellant Joseph A. F. Sadowski on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
We note that the remaining appellants must appear on the instant appeal by counsel or pro se (see CPLR § 321[a]).
SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19544
E/nal
FRED T. SANTUCCI, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2003-00466 Joseph Lichtenstein, appellant, v Morris E. Barenbaum, et al., respondents. (Index No. 5720/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated October 31, 2002, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to renewal when the appeal is perfected.
SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19542
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|
2004-05701
Francis Meehan, et al., respondents-appellants, v Joseph J. Odierno, appellant-respondent. (Index No. 25871/93)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated May 27, 2004.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until February 16, 2005, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before March 21, 2005 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19555
S/nal
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2004-03707
Abram Sabo, etc., respondent, v Alberto Candero, appellant, et al., defendant. (Index No. 3991/03)
| 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, Rockland County, dated March 26, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 19, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19529
CF/
|
2004-05395 Sonia Santiago, et al., respondents, v New York Hotel Trades Council, et al., defendants, Gretchen Stipec, etc., appellant. (Index No. 9692/02)
| 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 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
M19531
CF/
|
2004-05911 Andrew Schinkel, et al., appellants, v State of New York, respondent. (Claim No. 102944)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Court of Claims, dated May 25, 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
M19533
CF/
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2004-09492 Matthew Schmidt, et al., respondents, v Jericho Union Free School District, et al., appellants (and a third-party action). (Index No. 14742/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 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
M19534
CF/
|
2004-03947 Carlos Silvera, appellant, v Doral Court Hotel, et al., respondents. (and a third-party action) (Index No. 28564/00)
| 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 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
M19513
Y/nal
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
PETER B. SKELOS, JJ.
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2003-06199 Yvonne Simpson, etc., respondent, v City of New York, et al., appellants. (Index No. 389/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated May 30, 2003, 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.
PRUDENTI, P.J., KRAUSMAN, ADAMS and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19510
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2004-03675, 2004-03676
William J. Swink, etc., respondent, v Robert L. Harrison, appellant. (Index No. 20815/02)
| ORDER ON APPLICATION |
Application by the appellant on appeals from two orders of the Supreme Court, Suffolk County, dated May 20, 2003, and February 25, 2004, respectively, to withdraw the appeal from the order dated May 20, 2003, and to enlarge the time to perfect the appeal from the order dated February 25, 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 to withdraw an appeal is granted and the appeal from the order dated May 20, 2003, pending under Appellate Division Docket No. 2004-03675, is marked withdrawn; and it is further,
ORDERED that the application to enlarge the time to perfect the appeal from the order dated February 25, 2004, pending under Appellate Division Docket No. 2004-03676, is granted, and the appellant's time to perfect that appeal is enlarged until January 19, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19530
CF/
|
2004-03532 John Thompson,respondent, v New York City Housing Authority, appellant. (Index No. 19047/01)
| 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 March 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
M19532
CF/
|
2004-03171 Edwin Vasquez, respondent, v New York City Transit Authority, et al., appellants. (Index No. 16871/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Queens County, entered March 11, 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
M19524
Y/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-09753
Thomas Williams, appellant, v State of New York, respondent. (Claim No. 101370)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to prosecute an appeal from a order of the Court of Claims dated September 17, 2004, as a poor person, and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the 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; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect is denied as premature; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19543
E/nal
FRED T. SANTUCCI, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2004-03113
Amiel Wohl, respondent, v Rita M. Wohl, appellant. (Index No. 17842/80)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, dated March 8, 2004, inter alia, to dismiss the appeal on the ground that the record is incomplete or to direct the appellant to serve and file a supplemental record containing the transcript of the minutes of oral argument held on February 6, 2004.
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 direct the appellant to serve and file a supplemental record containing the transcript of the minutes of oral argument held on February 6, 2004, is granted to the extent that on or before January 5, 2005, the respondent, if he be so advised, may serve and file a supplemental record containing the transcript of the minutes of oral argument held on February 6, 2004, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19538
S/nal
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2004-06195
In the Matter of Kevin Barry, respondent, v City of New York, et al., appellants. (Index No. 25394/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated April 22, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 1, 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
M19545
E/nal
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2004-03475
In the Matter of Peter Benefeld, deceased. Abraham Kleinman, et al., appellants; Bella Benenfeld, respondent. (File No. 693/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Surrogate's Court, Rockland County, dated March 26, 2004, inter alia, to strike the respondent's supplemental appendix and brief on the ground that they contain or refer to matter dehors the record, or alternatively, to enlarge the time to serve and file a reply 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 strike the respondent's supplemental appendix and brief on the ground that they contain or refer to matter dehors the record is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellants' time to serve and file a reply brief is enlarged until January 5, 2005, and the reply brief must be served and filed on or before that date.
SANTUCCI, J.P., LUCIANO, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19385
E/nal
FRED T. SANTUCCI, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2004-09670
In the Matter of Crystalee C. (Anonymous). Orange County Department of Social Services, appellant; Glen C. (Anonymous), respondent; Ellen B. (Anonymous), nonparty. (Proceeding No. 1 ) (Docket No. B-2740-04) In the Matter of Jylissa C. (Anonymous). Orange County Department of Social Services, appellant; Glen C. (Anonymous), respondent; Ellen B. (Anonymous), nonparty. (Proceeding No. 2) (Docket No. B-2741-04)
| DECISION & ORDER ON MOTION |
Separate motions by nonparty Ellen B. on an appeal from an order of the Family Court, Orange County, entered October 8, 2004, for leave to intervene on the appeal and to stay a custody proceeding commenced by Bernadeen DeNuzzia pending in the Family Court, Orange County, pending hearing and determination of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to intervene on the appeal is granted; and it is further,
ORDERED that the motion to stay the custody proceeding commenced by Bernadeen DeNuzzia pending hearing and determination of the appeal is denied.
SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19540
S/nal
|
2004-04105
In the Matter of Ecclesia Word Ministries International, Inc., appellant, v Patrick Brophy, etc., et al., respondents. (Index No. 1619/03)
| ORDER ON APPLICATION |
Application by the respondents Patrick Brophy, Robert Morini, Jr., Joseph Tock, and Patricia Kirzl, 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, Putnam County, dated April 2, 2004.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until December 31, 2004, and the movants' brief must be served and filed on or before that date; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before January 24, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19526
O/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-02193
In the Matter of Edward Halperin, et al., petitioners, v City of New Rochelle, et al., respondents. (Index No. 4253/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioners in a proceeding pursuant to CPLR article 78, which was transferred to this court by order of the Supreme Court, Westchester County, entered March 12, 2004, to enlarge the record and for leave to serve and file a supplemental brief, and cross motion by the respondent Young Israel of New Rochelle, inter alia, for leave to serve and file a supplemental brief if the motion is granted.
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 motion is denied; and it is further,
ORDERED that the branch of the cross motion which is for leave to serve and file a supplemental brief is denied as academic; and it is further,
ORDERED that the cross motion is otherwise denied.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19525
Y/nal
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-08082, 2004-08083, 2004-08084
In the Matter of Syed N. Hussaini, petitioner, v Paul F. Romain, etc., et al., appellants. (Index No. 29014/03)
| DECISION & ORDER ON MOTION |
Motion by Paul F. Romain, and New York City Health and Hospitals Corporation for leave to appeal to this court from three orders of the Supreme Court, Kings County, dated March 8, 2004, June 25, 2004, and July 21, 2004, respectively.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal from the order dated March 8, 2004, is denied as unnecessary as the order is appealable as of right; and it is further,
ORDERED that the branch of the motion which is for leave to appeal from the order dated March 8, 2004, is deemed to be a timely notice of appeal from the order (see CPLR 5520[b]); and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., LUCIANO, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19307
F/
ROBERT W. SCHMIDT, J.
|
2004-09317 The People, etc., plaintiff, v John Bryant, defendant. (Ind. No. 10593/94)
| 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 October 12, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division: Second Judicial Department
M19527
J/nal
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
NANCY E. SMITH
PETER B. SKELOS, JJ.
|
2004-01805
The People, etc., respondent, v Tony Curtis, appellant. (Ind. No. 10552/00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated May 27, 2004, in the above-entitled matter is amended by deleting from the preamble thereof the words "Queens County," and substituting therefor the words "Kings County".
ALTMAN, J.P., KRAUSMAN, SMITH and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19306
F/
ROBERT W. SCHMIDT, J.
|
2004-08974 The People, etc., plaintiff, v Roy Harper, a/k/a Persaud, Roy, defendant. (Ind. No. 14081/91)
| 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 August 4, 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
M19522
S/nal
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-04924 The People, etc., ex rel. Rick Blake, petitioner, v Denis Dillon, etc., respondent.
| DECISION & ORDER ON MOTION |
Proceeding in the nature of an application for a writ of habeas corpus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated July 8, 2004, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, it is
ORDERED that the proceeding is dismissed, without costs or disbursements, for the petitioner's failure to comply with the decision and order on motion of this court dated July 8, 2004.
ALTMAN, J.P., KRAUSMAN, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19558
S/nal
|
2004-06738, 2004-06739
People ex rel., Richard Smulczeski, o/b/o Marie Smulczeski, etc., respondent, v Susan Smulczeski, appellant.
(Index No. 12157/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Suffolk County, dated June 17, 2004, and July 28, 2004, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 20, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19528
O/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-10472
The People etc., ex rel. James Walker, petitioner, v Patrick Walsh, etc., respondent.
| DECISION & ORDER ON MOTION |
Application by the petitioner for a writ of habeas corpus and for poor person relief.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,
ORDERED that the branch of the application which is for a writ of habeas corpus is denied and the petition is dismissed, without costs or disbursements.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court