Appellate Division: Second Judicial Department
M19698
R/sl
ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-09168 All 4 Sports & Fitness, Inc., respondent, v Hamilton, Kane, Martin Enterprises, Inc., appellant.
(Index No. 7125/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated July 12, 2004, in effect, to vacate so much of the order as granted the respondent's application to stay a summary proceeding pending in the Fifth District Court, Suffolk County.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19729
S/sl
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2004-05104
Mary Ann Bongiorno, respondent-appellant, v John Livingston, etc., et al., appellants-respondents. (Index No. 10278/03)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated March 16, 2004.
ORDERED that the application is granted and the respondent-appellant's time to serve and file a brief is enlarged until January 28, 2005, and the respondent-appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19728
S/sl
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2004-05856
Margarite Dingle, etc., et al., plaintiffs-respondents, v City of New York, et al., appellants, Child Development Support Corporation, et al., defendants-respondents. (Index No. 49855/97)
| 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 7, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 22, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19702
E/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-09809 Paul Flangos, appellant, v Elise Flangos, respondent. (Index No. 6658/04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered September 15, 2004, on the ground that the appeal was untimely taken. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and application and the papers filed in relation thereto, it is
ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
SANTUCCI, J.P., LUCIANO, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19714
CF/
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2004-08272 Steven Garib, appellant, v TSE Group, LLC, d/b/a B.B. King Blues Club & Grill, appellant. (Index No. 17493/03)
| 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 August 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19710
O/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-01159, 2004-01160
Ariel Ismailov, et al., respondents, v Floyd S. Walker, appellant. (Index No. 02-31538)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Supreme Court, Queens County, dated November 28, 2003, and a judgment of the same court dated December 16, 2003, to hold the respondents in contempt for failing to comply with an order of this court dated October 27, 2004, which directed them to provide the appellant with certain exhibits, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to hold the respondent in contempt is denied; and it is further,
ORDERED that on the court's own motion, on or before January 7, 2005, the respondent shall provide the appellant with a copy of exhibit 6 from the inquest held on December 2, 2003, if available; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until February 7, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19693
R/sl
ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-10727 Judith R. Kane, appellant, v Michael H. Kane, respondent.
(Index No. 13866/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enjoin the respondent from taking any steps to sell, encumber, hypothecate, or otherwise transfer, mortgage, assign, pledge, lien, or convey the subject properties and/or his interest therein pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated December 14, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal from a transcript of the same court, dated December 1, 2004, is deemed to be a premature notice of appeal from the order dated December 14, 2004 (see CPLR 5520[c]); and it is further,
ORDERED that the motion is denied.
SCHMIDT, J.P., CRANE, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19713
CF/
|
2004-07720 Felix Kendall, appellant, v Kildare Clarke, et al., respondents. (Index No. 42093/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated July 21, 2004.
Upon the stipulation of the parties, dated December 22, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19687
J/sl
|
2004-05643 Gary Levine, respondent-appellant, v Barbara Levine, appellant-respondent. (Index No. 201713/00)
| ORDER ON APPLICATION |
Application by the appellant-respondent and respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, entered June 3, 2004.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until February 16, 2005, and the joint record or joint appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19671
A/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2004-05528 Gail Maffai, et al., plaintiffs-respondents, v County of Suffolk, defendant-respondent, Town of Islip, appellant, et al., defendants.
(Index No. 3608/01)
| DECISION & ORDER ON MOTION |
Motion by the defendant-respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated May 17, 2004, and, in effect, for leave to serve and file a supplemental record, and application by the plaintiffs-respondents to enlarge the time to serve and file a brief on the appeal.
Upon the papers filed in support of the motion and the application and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is, in effect, for leave to serve and file a supplemental record is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the defendant-respondent's time to serve and file a brief is granted, the defendant-respondent's time to serve and file a brief is enlarged until January 24, 2005, and the defendant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the application is granted, and the plaintiffs-respondents' time to serve and file a brief on the appeal is enlarged until January 24, 2005.
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19715
CF/
|
2004-08612 Lena Mastroianni, et al., respondents, v Nordstrom, Inc., appellant. (Index No. 9911/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 25, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19673
S/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-01253
Breana Nardi, etc., et al., respondents, v County of Westchester, etc., et al., appellants.
(Index No. 13844/03) 2004-02986 Breana Nardi, etc., et al., respondents, v Nassau, etc., et al., appellants. (Index No. 13528/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from (1) an order of the Supreme Court, Westchester County, dated January 6, 2004, and (2) an order of the Supreme Court, Nassau County, dated February 17, 2004, to enlarge the time to serve and file a brief on the appeal from the order of the Supreme Court, Nassau County, dated February 17, 2004, and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to enlarge time is granted, the respondents' time to serve and file a brief on the appeal from the order dated February 17, 2004, is enlarged until January 6, 2005, and the respondents' brief on that appeal must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is granted to the extent that the appeal from the order of the Supreme Court, Nassau County, dated February 17, 2004, is removed from this court's calendar of January 10, 2005, that appeal shall be re-calendared with the appeal from the order of the Supreme Court, Westchester County, dated January 6, 2004, and the appeals shall be argued or submitted on the same day, and that branch of the motion is otherwise denied.
H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19716
CF/
|
2004-08250 Dominick Noone, appellant, v Big V Supermarkets, Inc., et al., respondents. (Index No. 9885/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19726
S/sl
|
2004-03738
Morgan P. O'Connell, appellant, v Robert C. Post, respondent. (Index No. 4085/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 8, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 26, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19676
E/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-02244, 2004-07285 Oakwood Realty Corp., etc., plaintiff, v HRH Construction Corporation, defendant- appellant, Liberty Mutual Insurance Company, defendant third-party defendant-appellant, Koehler Masonry Corp., defendant third-party plaintiff-respondent, et al., additional defendants on the counterclaim. (Index No. 5165/02)
| DECISION & ORDER ON MOTION |
Motion by the HRH Construction Corporation, defendant-appellant, and Liberty Mutual Insurance Company, the defendant third-party defendant-appellant, on an appeal from a judgment of the Supreme Court, Suffolk County, entered February 18, 2004, and an order of the same court dated April 11, 2003, in effect, to strike pages of the appendix of Koehler Masonry Corp., defendant third-party plaintiff-respondent, on the ground that it contains matter dehors the record and to strike the brief of Koehler Masonry Corp., defendant third-party plaintiff-respondent, 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 to the extent that pages 608 through 613 and 616 through 654 of the appendix and the brief of Koehler Masonry Corp. are stricken; and it is further,
ORDERED that on or before January 25, 2005, Koehler Masonry Corp. shall remove the stricken material from all copies of its appendix on file in the office of the Clerk of this court or serve and file an appendix that does not contain the stricken material; and it is further,
ORDERED that on or before January 25, 2005, Koehler Masonry Corp. shall serve and file a replacement brief that does not refer to the stricken material.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19675
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-00303 Arlene Schulman, etc., et al., appellants, v Israel Jacobowitz, etc., et al., respondents. (Index No. 19836/02)
| DECISION & ORDER ON MOTION |
Separate motions by the respondent Jacqueline Herron and the respondent Israel Jacobowitz on an appeal from an order of the Supreme Court, Kings County, dated November 5, 2003, inter alia, to dismiss the appeal on the ground that the appendix is inadequate or, in the alternative, to enlarge the time to serve and file their respective briefs. By decision and order on motion of this court dated November 3, 2004, the motions were held in abeyance, and the matter was remitted to the Supreme Court, Kings County, to hear and report on the issue of whether, in determining the motion which resulted in the order dated November 5, 2003, it considered (1) the medical records at pages A287-A299 of the appendix on the appeal; (2) the progress report dated January 7, 2000, attached to the affirmation of Richard Paul Stone dated July 14, 2004, as exhibit A; and (3) the progress notes dated August 1, 1999, and progress report dated January 7, 2000, attached to the affirmation of Andrew Zajac dated July 9, 2004, as exhibit E.
Upon the papers filed in support of the motions, the papers filed in opposition thereto, and the report of the Supreme Court, Kings County, it is
ORDERED that the branches of the motions which were to dismiss the appeal are denied on condition that on or before January 12, 2005, the appellants shall serve and file a supplemental appendix containing the progress notes dated August 1, 1999, and progress report dated January 7, 2000, attached to the affirmation of Andrew Zajac dated July 9, 2004, as exhibit E; and it is further,
ORDERED that the respondents' time to serve and file their respective briefs is enlarged until February 14, 2005, and the respondents' briefs shall be served and filed on or before that date.
RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19725
S/sl
BARRY A. COZIER, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-10904 Singer Holding Corporation, d/b/a Robison Oil, respondent, v Halstead Quinn Petroleum Co., Inc., etc., appellant.
(Index No. 1802/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Westchester County, dated November 23, 2004, 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.
COZIER, J.P., SKELOS, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19408
S/sl
A. GAIL PRUDENTI, P.J.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2003-01359, 2003-03098 Rosemary Toriola, etc., appellant, v Joseph Kahen, et al., respondents. (Index No. 18568/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Queens County, dated January 2, 2003, and February 20, 2003, to reschedule oral argument of the appeals and to hold the determination of the appeal in abeyance after the rescheduled date of oral argument.
Upon the papers filed in support of the motion and the papers filed in relation thereto it is
ORDERED that the branch of the motion which is to reschedule oral argument of the appeals is denied; and it is further,
ORDERED that the motion is otherwise denied as academic as the appeals have been determined (see Toriola v Kahen, _________ AD3d ________ [2d dept., Dec. 13, 2004]).
PRUDENTI, P.J., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19727
S/sl
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2004-04587
Xiaowen Feng, et al., appellants, v New York City Transit, respondent. (Index No. 15498/02)
| 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 and judgment (one paper) of the Supreme Court, Queens County, dated April 23, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 18, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19711
CF/
|
2004-04237 Frank Zangara, respondent, v Robert Fallah, appellant. (Index No. 20431/02)
| 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 April 12, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19679
PL/sl
|
2004-05662
In the Matter of Commissioners of State Insurance Fund, petitioner-respondent, v Eveready Insurance Company, appellant, et al., respondents. (Index No. 16448/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated April 19, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 21, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19704
A/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2004-07853 In the Matter of Joann Corby, appellant, v Scott M. Corby, respondent. (Docket No. O-10198/02)
| DECISION & ORDER ON MOTION |
Appeal by Joann Corby from an order of the Family Court, Suffolk County, dated July 27, 2004. By order to show cause dated October 29, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 15, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 15, 2004 (see 22 NYCRR 670.4[a][5]).
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19703
A/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2004-09435
In the Matter of Sirra Juanita Crippen, respondent, v Keith Brathwaite, appellant. (Docket No. F-5498/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated September 28, 2004, as a poor person, and for the assignment of counsel.
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 as academic, as this appeal was dismissed by decision and order on motion of this court dated November 9, 2004.
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19705
A/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-04152 In the Matter of Sikorska Eleonora, appellant, v New York State Office of Temporary and Disability Assistance, et al., respondents. (Index No. 21864/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated April 16, 2004, as a poor person, 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 branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that those branches of the motion which are for a copy of the transcript without charge and to waive payment of the filing fee are denied; and it is further,
ORDERED that the branch of the motion which is to enlarge time to perfect the appeal is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until January 31, 2005.
SANTUCCI, J.P., H. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19697
O/sl
FRED T. SANTUCCI, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2004-08763 In the Matter of Martha Elizalde, appellant, v Andres De La Torre, respondent. (Docket No. V-08698/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated September 2, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation.
SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19721
S/sl
|
2004-04341
In the Matter of Rinaldo Gargano, appellant, v City of New York City Department of Finance, respondent-respondent, et al., respondents. (Index No. 18548/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 14, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 4, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19686
E/sl
ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-09424
In the Matter of Patricia Lynch, etc., et al., appellants, v Town of Southampton, et al., respondents.
(Index No. 5966/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated August 19, 2004, inter alia, to enjoin the respondents from euthanizing dogs 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.
SCHMIDT, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19683
O/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
BARRY A. COZIER
PETER B. SKELOS, JJ.
|
2004-03612 In the Matter of Mamaroneck Beach & Yacht Club, Inc., et al., respondents, v Larry Fraioli, et al., appellants. (Index No. 5565/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant Shore Acres Property Owners Association to reargue a decision and order on motion of this court dated November 1, 2004, which, upon sua sponte recalling a prior decision and order on motion of this court dated June 17, 2004, granting the cross motion of Shore Acres Property Owners Association for leave to intervene, granted that cross motion only to the extent of granting leave to Shore Acres Property Owners Association to serve and file an amicus curiae brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, COZIER and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19700
O/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
ROBERT A. SPOLZINO, JJ.
|
2004-07872 In the Matter of Enrique P. (Anonymous). Child Welfare Administration, Kings County, petitioner; Marguerite S. (Anonymous), et al., respondents-respondents, et al., respondents; Laydia P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Alexa P. (Anonymous). Child Welfare Administration, Kings County, petitioner; Marguerite S. (Anonymous), et al., respondents-respondents, et al., respondents; Laydia P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Fantaysia L. (Anonymous). Child Welfare Administration, Kings County, petitioner; Marguerite S. (Anonymous), et al., respondents-respondents, et al., respondents; Laydia P. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N 11934-03, N 11935-03, N 11936-03, N-32361-03, N 32362-03, N-32363-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this court dated September 21, 2004, which dismissed an appeal from an order of the Family Court, Kings County, dated August 12, 2004, and to reinstate 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 motion is granted, the decision and order on motion of this court dated September 21, 2004, is recalled and vacated, and the appeal is reinstated.
PRUDENTI, P.J., KRAUSMAN, ADAMS and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19723
S/sl
ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
BARRY A. COZIER
STEVEN W. FISHER, JJ.
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2004-05077 In the Matter of Christopher Pierro, respondent, v Michael William O'Connor, et al., appellants.
(Index No. 05077/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Westchester County, dated December 11, 2004, 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.
SCHMIDT, J.P., CRANE, COZIER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19670
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DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
|
2003-07821, 2003-10992 In the Matter of Isabella Principato, et al., respondents, v Louis Lombardi, appellant.
(Index No. 33504/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated July 27, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by Cheryl S. Solomon to be relieved as Law Guardian for the children on appeals from two orders of the Supreme Court, Kings County, dated July 24, 2003, and November 20, 2003, respectively, in a proceeding pursuant to Domestic Relations Law § 72, and for the appointment of a new law guardian.
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 denied, and on or before January 31, 2005, the Law Guardian shall either (1) make a motion in the Supreme Court, Kings County, to be relieved and for the appointment of a new Law Guardian, and submit proof that such motion was filed, or (2) serve and file a brief on the appeal; and it is further,
ORDERED that if the Law Guardian files a motion to be relieved in the Supreme Court, Kings County, the time of the Law Guardian to serve and file a brief is enlarged until 30 days after the date that the motion is determined.
RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19701
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DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
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2004-05685 In the Matter of Mary Angee Sosa, respondent, v Reinaldo Aybar, appellant. (Docket No. V-20654/02)
| DECISION & ORDER ON MOTION |
Appeal by Reinaldo Aybar from an order of the Family Court, Kings County, dated March 23, 2004. By order to show cause dated November 10, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 9, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied, on condition that on or before January 26, 2005, the appellant either (1) perfects the appeal, or (b) moves for leave to prosecute the appeal as a poor person.
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19708
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ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-08456 In the Matter of Brian Williams, appellant, v Kisha Taylor, respondent.
(Docket No. V-20721/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to prosecute an appeal from an order of the Family Court, Kings County, dated September 27, 2004, as a poor person, for the assignment of counsel, and for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defend the appeal:
Zvi Ostrin
130 7th Avenue - Suite 206
New York, New York 10011
(212) 604-9170
and it is further,
ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until February 10, 2005, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19712
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FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
1999-10178 The People, etc., respondent, v Kelvin Subgidio, appellant. (Ind. No. 99-95)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Rockland County, rendered October 22, 1999, which was determined by decision and order of this court dated November 3, 2003, in effect, to relieve counsel assigned to prosecute the appeal and to assign him new counsel to make any motions deemed appropriate with respect to the decision and order of this court dated November 3, 2003, and/or a motion in the Court of Appeals for leave to reargue his prior pro se motion for leave to appeal to that court from the said decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, Robert C. Wilkie, Esq., is relieved from representing the appellant and the following attorney is assigned to represent the appellant in accordance with the above stated purposes:
Ronnie Gonzalez, Esq.
P.O. Box 623
West Haverstraw, New York, 10993
and it is further,
ORDERED that assigned counsel shall serve a copy of this order on the Clerk of the County Court, Rockland County.
SANTUCCI, J.P., LUCIANO, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19707
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DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2002-07818 The People, etc., respondent, v Neil Tucker, appellant.
(Ind. No. 8120/01)
| DECISION & ORDER ON MOTION Motion to File A Supplemental Reply Brief |
Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered July 29, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02-A-4452
Clinton Correctional Facility
Box 2002
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M19706
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DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2004-09218 The People, etc., ex rel. Tyreese R. Gibson, appellant, v Warden of George R. Vierno Center, Rikers Island, respondent. (Ind. No. 2982/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated September 23, 2004, as a poor person, to dispense with printing, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal taken by the petitioner as of right is dismissed, without costs or disbursements as the order is not appealable by right or by permission (see CPLR 5701; CPLR 5704); and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person, to dispense with printing, and for the assignment of counsel, is denied as academic.
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court