Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR DECEMBER 21, 2004

TITLECase Number
Brach v Fried2004-01246
Carucci v Orlando2004-05325
DiLauria v Town of Harrison2004-05563
Fasanella v Levy2004-02433
Gavrilov v Chu Man Wang2004-06525
McGlinchey v MM & L Realty Company, Inc.2004-07798
Nassau Point Property Owners Association, Inc2004-06119
Rainford v Han2004-05409
Rosenblat v Good Samaritan Hospital2004-05905
Sassower v Girardi2004-00704
Scher v Yeshivath Makowa Corp.2004-06495 +1
Selletti v Liotti2004-05580
Tenenbaum v Best 21 Ltd.2004-08433
Mtr of Bugdin v Bugdin2004-05238
Mtr of D. (Anonymous), Chandler; Charlotte; N2004-07400
Mtr of Herdigein v Uneberg2004-07858
Mtr of Leigh v Herbert2004-09434
Mtr of Lopez v Lopez2004-09247
Mtr of Mc. (Anonymous), Patrice; Nassau Count2004-08056 +1
Mtr of Northen Dutchess Rod & Gun Club, Inc. 2004-04887
Mtr of Oliphant v Oliphant2004-00546
Mtr of R. (Anonymous), Andrew; Department of 2003-09348
Mtr of R. (Anonymous), Deanna; Suffolk County2004-09764
Mtr of R. (Anonymous), Jamel Iasiah2004-01729 +1
Mtr of Shockome v Shockome2004-04757
Mtr of Toy v Toy2004-05042
Peo v Blanco, Arthur2003-02712
Peo v Bosier, Najib2002-05515
Peo v Leon, Rolando2003-10101







Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19586

R/sl

FRED T. SANTUCCI, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-01246

Nachman Brach, appellant, v

Ishak Fried, et al., respondents.

(Index No. 429/01)

DECISION & ORDER ON MOTION

Motion by the respondent Isaac Deutsch on an appeal from an order of the Supreme Court, Kings County, dated November 25, 2003, to enlarge the record on appeal to include the transcript of the proceedings which occurred before the Supreme Court, Kings County, in connection with the appellant's motion to reargue, and to enlarge the time to file his brief.

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 branch of the motion which is to enlarge the record is denied.

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.

SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19590

S/sl

2004-05325

Michael Carucci, et al., appellants,

v Philip Orlando, etc., et al., respondents.

(Index No. 9442/95)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated April 15, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 14, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19591

S/sl

2004-05563

Steven DiLauria, appellant,

v Town of Harrison, et al., respondents.

(Index No. 486/04)

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, Westchester County, dated May 24, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 14, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19521

Y/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-02433

Anthony Fasanella, appellant,

v Joseph A. Levy, et al., respondents.

(Index No. 15277/01)

DECISION & ORDER ON MOTION

Motion by the respondents Bruce S. Reznick and Bruce S. Reznick, P.C., to dismiss an appeal from an order of the Supreme Court, Queens County, dated February 3, 2004, on the ground that the record on appeal is inadequate and contains matter dehors the record, or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before January 14, 2005:

(1) the appellant shall remove from all copies of the record on file with the Clerk of the court pages 238, and 246 through 248; and

(2) the appellant shall serve and file a supplemental record containing (a) pages 71, 83, 112, and 122 of the transcript of Anthony Fasanella's deposition testimony dated February 3, 2003, (b) the six missing color photographs that were attached as Exhibit H to the affirmation of Leopoldo Alventosa dated October 3, 2003, and (c) a color copy of the photograph on page 194 of the record on appeal;

and that branch of the motion is otherwise denied; and it is further, ORDERED that the branch of the motion which is for an enlargement of time is granted, and the movants' time to serve and file a brief is enlarged until February 14, 2005, and the movants' brief must be served and filed on or before that date; and it is further,

ORDERED that on the court's own motion, the time of the respondent Joseph A. Levy to serve and file a brief is enlarged until February 14, 2005, and that respondent's 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19620

S/sl

2004-06525

Telman Gavrilov, respondent,

v Chu Man Wang, et al., appellants.

(Index No. 42461/01)

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, Kings County, dated May 20, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 15, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19587

S/sl

2004-07798

Keith McGlinchey, et al., appellants,

v MM & L Realty Company, Inc., respondent.

(Index No. 15867/02)

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, Westchester County, dated August 12, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 27, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19622

S/sl

2004-06119

Nassau Point Property Owners Association, Inc.,

appellant, v Leonard Tirado, et al., respondents.

(Index No. 03-24827)

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 June 14, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 15, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19592

S/sl

2004-05409

Beverly Rainford, respondent,

v Sung S. Han, et al., appellants,

et al., defendants.

(Index No. 16434/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 18, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 9, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19497

Y/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-05905

Nurit Rosenblat, et al., appellants, v

Good Samaritan Hospital, et al., defendants,

Kenneth Austin, etc., respondent.

(Index No. 4220/01)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Rockland County, dated June 11, 2004, for leave to reargue that branch of their motion which was to dismiss the appeal from the judgment, which was determined by decision and order on motion of this court dated October 5, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19607

S/sl

2004-00704

Doris L. Sassower, P. C., appellant,

v Beverly Girardi, appellant.

(Index No. 16335/90)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated December 10, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 16, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19589

R/sl

FRED T. SANTUCCI, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-06495, 2004-06497

Ezriel Scher, respondent,

v Yeshivath Makowa Corp., appellant.

(Index No. 7658/02)

DECISION & ORDER ON MOTION
Motion To Dismiss Appeal

Motion by the respondent to dismiss appeals from an order of the Supreme Court, Rockland County, dated June 28, 2004, and a judgment of the same court entered July 6, 2004, and separate application by the respondent to enlarge the time to serve and file a brief on 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 granted to the extent that the appellant is directed to serve and file a supplemental record containing a copy of the reply papers submitted in support of the respondent's motion for summary judgment and in opposition to its cross motion for summary judgment dismissing the complaint, and the motion is otherwise denied; and it is further,

ORDERED that the supplemental record submitted to the Clerk of this court is accepted for filing; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 17, 2005, and the respondent's brief must be served and filed on or before that date.

SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19618

S/sl

2004-05580

Christopher Selletti, appellant,

v Thomas F. Liotti, respondent.

(Index No. 00-11169)

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 January 18, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19582

R/sl

FRED T. SANTUCCI, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-08433

Lynn Tenenbaum, et al., appellants,

v Best 21, Ltd., etc., respondent.

(Index No. 007645/03)

DECISION & ORDER ON MOTION

Motion by the appellants for a preference in the calendaring of an appeal from an order of the Supreme Court, Nassau County, entered August 16, 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 the appeal shall be calendared when it is fully perfected.

SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19551

M/nal

2004-05238

In the Matter of Denise Bugdin, appellant,

v James A. Bugdin, respondent.

(Docket No. F-00979-03)

SCHEDULING ORDER

Appeal by Denise Bugdin from an order of the Family Court, Suffolk County, dated May 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 1, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until January 17, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19546

M/nal

2004-07400

In the Matter of Chandler D. (Anonymous).

Nassau County Department of Social Services, appellant;

Carole D. (Anonymous), et al., respondents.

(Proceeding No. 1)

In the Matter of Charlotte D. (Anonymous).

Nassau County Department of Social Services, appellant;

Carole D. (Anonymous), et al., respondents.

(Proceeding No. 2)

(Docket Nos. N-00390-04, N-00391-04)

SCHEDULING ORDER

Appeal by Nassau County Department of Social Services from an order of the Family Court, Nassau County, dated August 10, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 10, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19518

M/nal

2004-07858

In the Matter of Kenneth Herdigein, appellant,

v Bernadette Uneberg, respondent.

(Docket No. V-04401-04)

SCHEDULING ORDER

Appeal by Kenneth Herdigein from an order of the Family Court, Suffolk County, dated July 15, 2004. By decision and order on motion of this court dated December 13, 2004, the following attorney was assigned as counsel on the appeal:

Richard Darvis Borzouye, Esq.

300 Motor Parkway - Suite 120

Hauppauge, New York 11788

(631) 273-4400

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated December 13, 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.




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19516

M/nal

2004-09434

In the Matter of Stacey Leigh, respondent,

v Rod Herbert, appellant.

(Docket No. V-26423)

SCHEDULING ORDER

Appeal by Rod Herbert, by permission, from an order of the Family Court, Kings County, dated October 20, 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.




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19575

M/nal

2004-09247

In the Matter of Inelda Lopez, appellant,

v Eliardy Lopez, respondent.

(Docket No. O-03693-04)

ORDER TO SHOW CAUSE

Appeal by Inelda Lopez from an order of the Family Court, Queens County, dated September 20, 2004. By scheduling order dated November 8, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) if the appellant was indigent and could not 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; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated November 8, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before January 6, 2005; 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19562

M/nal

2004-08056, 2004-08154

In the Matter of Patrice Mc. (Anonymous), appellant.

(Docket No. D-00013-04)

ORDER TO SHOW CAUSE

Appeals by Patrice Mc. from two orders of the Family Court, Nassau County, dated June 16, 2004, and August 17, 2004, respectively. By scheduling order dated September 29, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeals; or

(2) if there were such minutes, an affidavit or affirmation that the transcripts were received, and indicating the date received; or

(3) if the transcripts were not received, an affidavit or affirmation stating that they were ordered and paid for, the date thereof and the date by which the transcripts were expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeals.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling order dated September 29, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before January 6, 2005; 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19588

S/sl

2004-04887

In the Matter of Northern Dutchess Rod &

Gun Club, Inc., respondent, v Town of Rhinebeck,

et al., appellants.

(Index No. 205/04)

ORDER ON APPLICATION

Application by the appellants Spero Chumas and Dan Walsh pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, dated May 13, 2004, and separate application by the appellants Town of Rhinebeck and Town of Rhinebeck Zoning Board of Appeals for the same relief.

ORDERED that the applications are granted and the appellants' time to perfect their respective appeals is enlarged until February 22, 2005, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19554

M/nal

2004-00546

In the Matter of Katherine Oliphant, respondent,

v Bryan Oliphant, appellant.

(Docket No. F-10331/02)

SCHEDULING ORDER

Appeal by Bryan Oliphant from an order of the Family Court, Westchester County, dated December 9, 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 respondent's time to serve and file a brief on the appeal is enlarged until January 20, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19550

M/nal

2003-09348

In the Matter of Andrew R. (Anonymous).

Department of Social Services, respondent;

Ilmars R. (Anonymous), appellant.

(Docket No. B-1996/03)

SCHEDULING ORDER

Appeal by Ilmars R. from an order of the Family Court, Orange County, dated August 27, 2003. 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 24, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19548

M/nal

2004-09764

In the Matter of Deanna R. (Anonymous).

Suffolk County Department of Social Services, respondent;

Sharon R. (Anonymous), appellant.

(Docket No. N-14469-03)

ORDER TO SHOW CAUSE

Appeal by Sharon R. from an order of the Family Court, Suffolk County, dated October 8, 2004. By scheduling order dated November 12, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) if the appellant was indigent and could not 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; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated November 12, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before January 6, 2005; 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19553

M/nal

2004-01729, 2004-01730

In the Matter of Jamel Iasiah R. (Anonymous).

Little Flower Children's Services, petitioner-respondent;

Stacy B. (Anonymous), appellant; et al., respondent.

(Docket No. B-02874-02)

SCHEDULING ORDER

Appeals by Stacy B. from two orders of the Family Court, Kings County, dated March 12, 2003, and January 26, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on December 16, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19552

M/nal

2004-04757

In the Matter of Timothy Shockome, respondent,

v Yevgenia Shockome, appellant.

(Proceeding No. 1)

In the Matter of Yevgenia Shockome, appellant,

v Timothy Shockome, respondent.

(Proceeding No. 2)

(Docket Nos. V-05156-02, V-5157-02, V-5620-02,

V-5621-02, O-5362-02)

SCHEDULING ORDER

Appeal by Yevgenia Shockome from an order of the Family Court, Dutchess County, dated May 10, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 14, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19561

M/nal

2004-05042

In the Matter of Claire Toy, respondent,

v Anthony Toy, appellant.

(Docket No. F-0200-01 )

ORDER TO SHOW CAUSE

Appeal by Anthony Toy from an order of the Family Court, Suffolk County, dated May 21, 2004. By decision and order on motion of this court dated November 9, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before December 13, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding 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 January 6, 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



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19606

PL/sl

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2003-02712

The People, etc., respondent,

v Arthur Blanco, appellant.

(Ind. No. 02-00554)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated November 9, 2004, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the appellant's assigned counsel for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered November 21, 2002.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until December 27, 2004, and the respondent's brief must be served and filed on or before that date.

SMITH, J.P., CRANE, MASTRO, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19577

J/sl

2002-05515

The People, etc., respondent,

v Najib Bosier, appellant.

(Ind. No. 4827/00)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 13, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 10, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19613

S/sl

2003-10101

The People, etc., respondent,

v Rolando Leon, appellant.

(Ind. No. 8695/02)

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 a judgment of the Supreme Court, Kings County, rendered October 24, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 10, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court