APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5941
C/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-10795 ADC Orange, Inc., respondent, v Coyote Acres, Inc., appellant. (Index No. 2458/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the enforcement of an order of the Supreme Court, Orange County, dated November 25, 2003, pending the hearing and determination of an appeal therefrom.
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., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5891
S/sl
|
2003-05053, 2003-10298 Radhame Alberto, plaintiff, v Nassau Sling Co., defendant sixth third-party plaintiff-respondent, et al., defendants; Lift-All, sixth third-party defendant-appellant, et al., sixth third-party defendant (and other third-party actions). (Index No. 46484/95)
| 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 appeals from an order of the Supreme Court, Kings County, dated April 25, 2003, and a judgment of the same court entered July 2, 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
M5947
E/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-03851
American Business Mortgage Services, Inc., f/k/a New Jersey Mortgage and Investment Corp., respondent, v Robert Simmons, appellant. (Index No. 6542/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated January 23, 2003, for failure to timely perfect the same.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5929
C/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-02331 Bleakley Platt & Schmidt, L.L.P., respondent, v Board of Education of Greenburgh Eleven Union Free School District, et al., appellants. (Index No. 02331/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered July 31, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until March 4, 2004, and the record or appendix on the appeal and the appellants' 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.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5926
C/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-10312 Kevin Cajowski, et al., respondents, v Bruce Bromberg, et al., appellants. (Index No. 21034/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay enforcement of an order of the Supreme Court, Suffolk County, dated September 16, 2003, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5848
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-04260 Chien Hue Hung, etc., et al., respondents, v Agate Lacquer Mfg. Co., Inc., defendant, Pride Solvents & Chemical Co. of N.Y., Inc., appellant (and third-party actions). (Index No. 20288/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated March 18, 2003, and 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.
ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5786
L/
|
2003-08625 Citibank, N.A., respondent, v Frank Raffaele, appellant. (Index No. 29277/96)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 11, 2003.
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 application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5837
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-10648
Christopher Cleary, et al., plaintiffs, v City of New York, et al., defendants. (Index No. 701 RTS 2000)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to Appellate Division |
Motion by the defendants for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated July 18, 2003, which modified an order of the Civil Court of the City of New York, Richmond County, entered February 1, 2002, and to stay an inquest on damages in the above-entitled action pending hearing and determination of 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 motion is denied.
ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5884
S/sl
|
2003-04738, 2003-06304 Niki Marie Cleary, et al., appellants-respondents, v Reliance Fuel Oil Associates, Inc., et al., respondents-appellants, Bock Water Heaters, Inc., et al., respondents. (Index No. 4546/98)
| ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal and cross appeals from an order of the Supreme Court, Suffolk County, dated April 29, 2003.
ORDERED that the application is granted; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering briefs, including their points of argument on the cross appeals, on or before January 15, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the respondents shall serve and file their respective briefs on or before February 17, 2004; the appellants-respondents shall serve and file their reply brief on or before March 18, 2004; and the respondents-appellants shall serve and file their respective reply briefs on or before April 4, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5962
CF/
|
2003-06491 Francis DeBono, appellant, v Rebecca DeBono, respondent. (Index No. 200300/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 23, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5901
O/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2003-01580 Donald Eickler, respondent, v Joseph Pecora, et al., appellants. (Index No. 16830/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated January 3, 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 appellants' time to perfect the appeal is enlarged until January 22, 2004, and the record or appendix on the appeal and the appellants' 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.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5928
C/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-06494, 2003-09777 Catherine Finke, a/k/a Catherine Prendergast, respondent, v Carle Finke, appellant. (Index No. 8847/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated June 30, 2003, pending hearing and determination of an appeal therefrom, and to consolidate the appeal with an appeal from an order of the same court dated September 25, 2003.
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 stay enforcement of the order dated June 30, 2003, is denied; and it is further,
ORDERED that the branch of the motion which is for leave to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).
ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5944
E/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-10000 Ruth Forman, plaintiff-respondent, v City of New York, respondent-appellant, River Drive Construction Corp., appellant- respondent, Script City Pharmacy Rx, Inc., d/b/a Script City Pharmacy, defendant- respondent. (Index No. 18802/01)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent to dismiss an appeal and cross appeal from an order of the Supreme Court, Queens County, dated July 3, 2003, on the ground that the appeal and cross appeal were untimely taken.
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., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5831
A/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN, JJ.
|
2003-02622
Bridgette Gasby, appellant, v Dollar Rent A Car, et al., respondents. (Index No. 42447/99)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from an order of the Supreme Court, Kings County, dated February 4, 2003. During the pendency of the appeal, the parties and their attorneys were directed to attend a CAMP conference for the purpose of exploring the possibility of settlement. Counsel for the appellant failed to appear at the conference without excuse. By order to show cause dated October 29, 2003, counsel for the appellant was directed to show cause before this court why an order should not be entered dismissing the appeal or imposing such other sanction as the court might deem appropriate.
On the court's own motion, and upon the papers filed in opposition or relation thereto, it is
ORDERED that within 20 days after service upon him of a copy this decision and order on motion with notice of entry, counsel for the appellant, Charles Berkman, shall pay a sanction in the sum of $250 to the Lawyers' Fund for Client Protection of the State of New York for his failure to appear at the CAMP conference without excuse (see 22 NYCRR 670.4); 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 both parties by regular mail; and it is further,
ORDERED that within 10 days after payment of the sanction, counsel for the appellant shall file proof of such payment with the Clerk of this court.
PRUDENTI, P.J., RITTER, SANTUCCI and ALTMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5800
M/sl
|
2003-05909 Elizabeth Haag, respondent, v Lawrence Haag, appellant. (Index No. 00572/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated May 19, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 2, 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
M5864
S/sl
|
2003-03627, 2003-05600 Karen Hathaway, respondent, v Brion J. Hathaway, appellant. (Index No. 11374/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated February 27, 2003, and May 20, 2003, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until March 4, 2004, and the record or appendix on the appeals 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
M5781
L/
|
2003-07692 Joni E. Howe, et al., appellants, v Jerome N. Gee, respondent. (Index No. 24769/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Suffolk County, dated May 15, 2003.
Upon the stipulation of the parties, dated December 9, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6040
Y/mv
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-01235
Kimberly Jordan, respondent, v Peter Jordan, appellant. (Index No. 16603/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated January 21, 2002, to strike portions of the respondent's brief on the ground that it refers to matter dehors the record.
Upon the papers filed in support of the motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and those portions of the respondent's brief identified in the moving papers as referring to matter dehors the record are deemed stricken and have not been considered on the appeal.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5799
M/sl
|
2003-05594 Khona Kab, et al., respondents, v Sheldon Kronegold, etc., appellant. (Index No. 24027/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 16, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 18, 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
M5963
CF/
|
2003-06884 Christian LaCroix, appellant, v Leon Langer, respondent. (Index No. 6726/00)
| 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 June 9, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5965
CF/
|
2003-05441 Paul Linssen, appellant, v Project Technologies International, LLC, et al., respondents. (Index No. 13799/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 19, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5785
L/
|
2003-10119 Thomas Lovett, respondent, v Sodexho Marriot Service, Inc., et al., appellants. (Index No. 27442/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 10, 2003.
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 application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5961
CF/
|
2003-06582 Mark Lucente, respondent, v Goose Pond Corp., et al., defendants, Farm Fresh Fruit Market, Inc., et al., appellants. (Index No. 6795/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated June 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5910
E/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2003-04552
Steven Nieves, appellant, v Admiral Cooling & Heating, LLC, et al., respondents.
(Index No. 20542/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated April 1, 2003, to enlarge the record to include the entire transcript of the plaintiff's examination before trial and to enlarge the time to perfect the 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 matter is remitted to the Supreme Court, Kings County, to report on the issue of whether it considered the entire transcript of the plaintiff's examination before trial in determining the motion which resulted in the order dated April 1, 2003, and the motion is held in abeyance in the interim; the Supreme Court shall render its report with all convenient speed.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5755
T/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-10391 OCI Mortgage Corporation, a/a/o Citibank, N.A., a/a/o Green Point Savings Bank, plaintiff, v Rhoda Lillian Neuman, et al., defendants, Richard Herbst, appellant, Providence Properties, Ltd., respondent. (Index No. 18979/91)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated October 29, 2003, to stay enforcement of the order and all proceedings to evict him from the subject property pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5936
E/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-07254, 2003-09526 Britney Parine, etc., et al., appellants, v Country Farms Equestrian Center, respondent. (Index No. 1215/99)
| DECISION & ORDER ON MOTION |
Motion by the respondents Country Farms Polo, Inc., individually, and s/h/a Country Farms Equestrian Center, on appeals from an order of the Supreme Court, Suffolk County, dated June 17, 2003, and September 17, 2003, respectively, to dismiss the appeals on the grounds that the order dated June 17, 2003, was entered upon the appellants' default and the order dated September 17, 2003, denied reargument.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated June 17, 2003, is granted, and that appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see Lumbermen's Mut. Cas. Co. v Fireman's Fund Am. Ins. Co., 117 AD2d 588); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated September 17, 2003, is held in abeyance and is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of that appeal.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4008
M/mv
|
2003-08863 Russell G. Plitt, respondent, v Monica Jae Plitt, appellant. (Index No. 25000/02)
| SCHEDULING ORDER |
Appeal by Monica Jae Plitt from an order of the Supreme Court, Suffolk County, dated September 19, 2003. 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 in the Supreme Court action 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) 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5960
CF/
|
2003-06943 Lena Saar, et al., appellants, v Robert Dereme, et al., respondents. (Index No. 13296/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5767
A/sl
MYRIAM J. ALTMAN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-06712 William Shamper, respondent, v Emily Shamper, appellant. (Index No. 3914/98)
| DECISION & ORDER ON MOTION |
Appeal by Emily Shamper from an order of the Supreme Court, Nassau County, dated May 9, 2003. By order to show cause dated November 12, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled action for failure to comply with a scheduling order dated September 25, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and the papers filed by the respondent in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure of the appellant to comply with the scheduling order dated September 25, 2003 (see 22 NYCRR 670.4[a][5]).
ALTMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5964
CF/
|
2003-06859 Tiney Smith, appellant, v Trump Plaza Hotel & Casino, respondent. (Index No. 7968/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated July 17, 2003.
Upon the stipulation of the parties, dated December 15, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5966
CF/
|
2003-07907, 2003-07909 Snap-On Tools Company, respondent, v Van's Katonah Service Center, Inc., appellant. (Index No. 356/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw two appeals from a decision of the Supreme Court, Westchester County, dated July 28, 2003, and a judgment of the same court entered July 20, 2003, respectively.
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 appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5949
E/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-05846 Guy Toia, appellant, v Massachusetts Mutual Life Insurance Company, respondent (and a third-party action). (Index No. 554/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Putnam County, dated April 29, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until January 22, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5927
C/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-10058 Jared Uher, plaintiff, v P.C. Richard & Sons, LLC, et al., defendants. (Index No. 14481/01)
| DECISION & ORDER ON MOTION |
Motion by the defendants William Pogue and L.I. Installations for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated October 15, 2003, and to stay all proceedings in the above-entitled action pending hearing and determination of the 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 branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the branch of the motion which is to stay all proceedings is denied as academic.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5953
C/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2003-09433, 2003-10045 Ventresca Realty Corp., appellant, v Houlihan Parnes Corp., et al., respondents. (Index No. 8051/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered June 12, 2003, and to consolidate the appeal with an appeal from an order of the same court entered September 9, 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 branch of the motion which is to enlarge the time to perfect the appeal from the order entered June 12, 2003 is granted to the extent that the appellant's time to perfect the appeal from that order is enlarged until February 23, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and that branch of the motion is otherwise denied; and it is further,
ORDERED that no further enlargements of time shall be granted on that appeal; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5763
M/mv
|
2003-05353 Samuel Williams, et al., appellants, v Philip Morris Companies, Inc., et al., respondents, et al., defendant. (Index No. 7539/02)
| 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, entered May 2, 2003.
ORDERED that the application is granted and the record and brief which were deposited in the office of the Clerk of the court on December 16, 2003, are accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5782
L/
|
2003-07335 Dorothy Wolosin, appellant, v Mary Campo, et al., respondents. (Index No. 4511/92)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Suffolk County, dated July 14, 2003.
Upon the stipulation of the parties, dated November 7, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4715
M/mv
|
2003-09614, 2003-09615 In the Matter of Jaden B. (Anonymous). Administration for Children's Services, respondent; Sharee S. (Anonymous), appellant. (Docket Nos. N-04418/02, N-04419/02)
| SCHEDULING ORDER |
Appeals by Sharee S. from two orders of the Family Court, Queens County, dated June 3, 2003, and October 24, 2003, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled 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 proceeding to be transcribed for the appeals; 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 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. 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 appeals; 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 appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5727
M/mv
|
2002-08253 In the Matter of Samantha B. (Anonymous). Administration for Children's Services, respondent; Carolina B. (Anonymous), et al., appellants. (Proceeding No. 1) (Docket No. N-3428/01) In the Matter of Jonathan B. (Anonymous). Administration for Children's Services, respondent; Carolina B. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket No. N-3429/01) In the Matter of Dominic B. (Anonymous). Administration for Children's Services, respondent; Carolina B. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket No. N-3430/01) In the Matter Richard B. (Anonymous). Administration for Children's Services, respondent; Carolina B. (Anonymous), et al., appellants. (Proceeding No. 4) (Docket No. N-3431/01) In the Matter of Bryan B. (Anonymous). Administration for Children's Services, respondent; Carolina B. (Anonymous), et al., appellants. (Proceeding No. 5) (Docket No. N-3432/01)
| SCHEDULING ORDER |
Appeals by Dominic B. and Carolina B. from an order of the Family Court, Richmond County, 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 proceedings 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 December 31, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5720
M/mv
|
2002-04624 In the Matter of Jessica DiB. (Anonymous). Commissioner of Social Services, respondent; Michelle DiB. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jamie P. (Anonymous). Commissioner of Social Services, respondent; Michelle DiB. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Joshua P. (Anonymous). Commissioner of Social Services, respondent; Michelle DiB. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-523/01, N-614/01, N-615/01)
| SCHEDULING ORDER |
Appeal by Michelle DiB. from an order of the Family Court, Westchester County, dated April 22, 2002. The appellant's brief was filed in the office of the Clerk of this court on December 10, 2003. 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
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5945
C/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2000-11572 In the Matter of Lynn Fegadel-Anderson, appellant, v James Anderson, respondent. (Docket No. V-1576-99)
| DECISION & ORDER ON MOTION |
Motion by the Law Guardian for the children to enlarge the record on an appeal from an order of the Family Court, Orange County, dated October 19, 2000, to include information relating to the Law Guardian's recent interview with the children.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to § 67.04(3) of the rules of this court (see 22 NYCRR 670.4[d][3], the scheduling order of this court dated October 28, 2003, in the above-entitled proceeding is amended to provide that the time of the Law Guardian to serve and file a brief in the above-entitled appeal is enlarged until January 15, 2004.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5925
J/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-07171 In the Matter of Carla Gottlieb, respondent, v David Gottlieb, appellant. (Proceeding No. 1) (Docket No. F-1393/01) In the Matter of David Gottlieb, appellant, v Carla Gottlieb, respondent. (Proceeding No. 2) (Docket No. F-2382/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated December 16, 2003, in the above-entitled matter is amended by deleting from the third paragraph thereof the words "prosecute the appeal," and substituting therefor the words "defend the appeal."
RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5731
M/mv
|
2002-10453 In the Matter of Jacqueline Hoey, appellant, v Thomas Kennedy, respondent. (Docket No. F-1112-99)
| SCHEDULING ORDER |
Appeal by Jacqueline Hoey from an order of the Family Court, Nassau County, dated September 30, 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 February 12, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5914
S/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-01701 In the Matter of Lenny Lamar Jacobs, respondent, v County of Nassau, appellant. (Index No. 15003/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, for leave to serve and file a supplemental record and supplemental brief on an appeal from an order of the Supreme Court, Nassau County, dated January 6, 2003.
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 denied.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5830
M/mv
|
2003-07932 In the Matter of Walter K. (Anonymous). Administration for Children's Services, respondent; Francine S. (Anonymous), appellant. (Docket No. N-2440-02)
| SCHEDULING ORDER |
Appeal by Francine S. from an order of the Family Court, Richmond County, dated August 27, 2003. By decision and order on motion of this court dated December 15, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Edward Caesar, Esq.
26 Court Street - Suite 2401
Brooklyn, New York 11201-4404
(914) 682-8837
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 15, 2003, 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5932
E/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-09623 In the Matter of Florian Lewenstein, petitioner, v New York State Department of Motor Vehicles, respondent. (Index No. 22353/02)
| DECISION & ORDER ON MOTION |
Motion by the petitioner pro se in a proceeding pursuant to CPLR Article 78 that was transferred to this court by an order of the Supreme Court, Queens County, dated May 3, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted.
ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4744
M/mv
|
2003-09479 In the Matter of Lamont Dale M. (Anonymous). St. Vincent's Services, respondent; Cleo C. (Anonymous), appellant. (Docket No. B-17334/01)
| SCHEDULING ORDER |
Appeal by Cleo C. from an order of the Family Court, Queens County, dated October 7, 2003. 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 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 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5114
M/mv
|
2003-08520 In the Matter of Nelson Montalvo, respondent, v Donna M. Colella, appellant. (Docket No. V-06723/03)
| SCHEDULING ORDER |
Appeal by Donna M. Colella, by permission, from an order of the Family Court, Queens County, dated September 4, 2003. 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 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 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5832
M/mv
|
2003-07044, 2003-07045 In the Matter of Victor N. (Anonymous), appellant. (Docket Nos. D-2532-03, D-07379-02)
| SCHEDULING ORDER |
Appeals by the juvenile from two orders of the Family Court, Nassau County, both dated May 23, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 16, 2003. 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
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5722
M/mv
|
2003-05342 In the Matter of Angela Nelson, appellant, v Robin Martin, et al., respondents. (Docket Nos. V-3850-6-03, V-3813-03)
| SCHEDULING ORDER |
Appeal by Angela Nelson from an order of the Family Court, Suffolk County, dated May 15, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 12, 2003. 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
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5930
C/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2001-02227 In the Matter of Frederick O. (Anonymous). Administration for Children's Services, respondent; Miguel R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Marjorie L. (Anonymous). Administration for Children's Services, respondent; Miguel R. (Anonymous), appellant. (Proceeding No. 2) (Docket No. 26748/99)
| DECISION & ORDER ON MOTION |
Appeal by Miguel R. from an order of the Family Court, Kings County, dated February 5, 2001, in the above-entitled case. No steps have been taken to perfect the appeal. By order to show cause dated November 20, 2003, the appellant and the other parties to this appeal or their attorneys were directed to show cause before this court why an order should not be entered dismissing the appeal as abandoned.
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed as abandoned, without costs or disbursements (see 22 NYCRR 670.8[f]).
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4704
M/mv
|
2003-09390 In the Matter of Lisa Pignataro, appellant, v Glen Davis, respondent. (Docket No. V-98-01313)
| SCHEDULING ORDER |
Appeal by Lisa Pignataro from an order of the Family Court, Nassau County, dated September 19, 2003. 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 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 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5847
E/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-10401 In the Matter of Sabrina S. (Anonymous). Commissioner of the Administration for Children's Services, appellant; Elena N. (Anonymous), et al., respondents. (Docket No. N-22201/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated November 25, 2003, to stay enforcement of so much of the order as denied that branch of its application which was to remand the subject child Sabrina S. to its care and custody and to remand Sabrina S. to its care and custody pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that enforcement of so much of the order as denied that branch of the appellant's application which was to remand Sabrina S. to its care and custody is stayed, and Sabrina S. is remanded to the care and custody of the appellant pending hearing and determination of the appeal or further order of the Family Court, Queens County, without prejudice to the respondents making an application in the Family Court, Queens County, for supervised visitation; and it is further,
ORDERED that the Administration for Children's Services is directed to place Sabrina S. with the same kinship foster caregiver as her sibling Adam S.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5764
M/mv
|
2003-04065, 2003-04066 In the Matter of Louis Skeen, appellant, v Marie Skeen-Louggar, respondent. (Docket Nos. V-18707-02, V-18708-02, V-18709-02)
| SCHEDULING ORDER |
Appeals by Louis Skeen from two orders of the Family Court, Kings County, both dated April 8, 2003. The original papers in the above-entitled appeals were filed in the office of the Clerk of this court on August 21, 2003, and November 10, 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 September 25, 2003, in the above-entitled proceeding 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 February 10, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5721
M/mv
|
2003-05533, 2003-05534 In the Matter of Grace M. Stone, respondent, v Kirk A. McLeod, appellant. (Docket No. P-507-01)
| SCHEDULING ORDER |
Appeals by Kirk A. McLeod from two orders of the Family Court, Suffolk County, both dated May 20, 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 4, 2003, in the above-entitled proceeding 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 16, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5783
L/
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2003-05236 In the Matter of Taco Bell of America, Inc., respondent, v Gerald G. Wright, et al., appellants. (Index No.7835/02)
| 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 April 29, 2003.
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 application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4771
M/mv
|
2003-09609 In the Matter of Linda V. (Anonymous), o/b/o Madisen A.E. F. (Anonymous), appellant, v Bruce N. (Anonymous), respondent. (Docket No. U-01680/03)
| SCHEDULING ORDER |
Appeal by Linda V. (Anonymous), o/b/o Madisen A.E. F. (Anonymous), from an order of the Family Court, Dutchess County, dated September 30, 2003. 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 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 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5946
C/mv
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2001-08595 In the Matter of "Male" W. (Anonymous), a/k/a Tashien W. (Anonymous), a/k/a Tasheiem W. (Anonymous). Little Flower Children's Services, appellant; Yvonne W. (Anonymous), a/k/a Yvonne M. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Patrick Kishawn W. (Anonymous), a/k/a Patrick W. (Anonymous). Little Flower Children's Services, appellant; Yvonne W. (Anonymous), a/k/a Yvonne M. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. B28690/96 and B14289/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, for leave to reargue an appeal from an order of the Family Court, Kings County, dated August 16, 2001, which was determined by decision and order of this court dated September 22, 2003, or 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.
FLORIO, J.P., SCHMIDT, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5948
C/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2001-08595 In the Matter of "Male" W. (Anonymous), a/k/a Tashien W. (Anonymous), a/k/a Tasheiem W. (Anonymous). Little Flower Children's Services, appellant; Yvonne W. (Anonymous), a/k/a Yvonne M. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Patrick Kishawn W. (Anonymous), a/k/a Patrick W. (Anonymous). Little Flower Children's Services, appellant; Yvonne W. (Anonymous), a/k/a Yvonne M. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. B28690/96 and B14289/99)
| DECISION & ORDER ON MOTION |
Motion by Sinergia, Inc., for leave to file an amicus curiae brief on a motion, inter alia, for leave to reargue an appeal from an order of the Family Court, Kings County, dated August 16, 2001, which was determined by decision and order of this court dated September 22, 2003, or 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 or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SCHMIDT, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5841
A/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2000-09963
The People, etc., respondent, v Jermaine Archer, appellant. (Ind. No. 2893/98)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se to be furnished with certain pages of the transcripts of the trial proceedings, and for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 12, 2000.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Clerk of this court, or his designee, shall provide the appellant with pages 7-10, 13-15, 18, 27-29, 32, 35-37, 61-65, 69-71, 73, 75, and 77 of the transcripts of the trial proceedings; and it is further,
ORDERED that the appellant's supplemental pro se brief shall be served and filed on or before April 2, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5906
E/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2001-07385, 2002-10828 The People, etc., respondent, v Davendra Jairam, appellant. (Ind. No. 5248/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve assigned counsel and assign new counsel on appeals from a judgment of the County Court, Suffolk County, rendered July 26, 2001, and an order of the same court dated October 16, 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.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5834
S/cf
WILLIAM D. FRIEDMANN, J.
|
2003-10882, 2003-10883
The People, etc., plaintiff, v Theodore Letsou, defendant. (Ind. Nos. 4024/97, 742/00)
| DECISION & ORDER ON APPLICATION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of two judgments of the Supreme Court, Queens County, both rendered December 10, 2003, 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.
WILLIAM D. FRIEDMANN
Associate Justice