Appellate Division: Second Judicial Department
M19744
O/sl
ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
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2004-04941 Eddie Artis, appllant, v Emma McClaim, et al., respondents. (Index No. 45940/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 13, 2004, on the ground that the appeal was untimely taken.
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 (see CPRL 5513).
SCHMIDT, J.P., CRANE, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19735
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ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
|
2004-09035 Daniel W. Asher, appellant, v Joseph J. Gigante, et al., respondents. (Index No. 751/04
| DECISION & ORDER ON MOTION |
Motion by the respondents for a preference in the calendaring of an appeal from an order of the Supreme Court, Nassau County, dated September 30, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., CRANE, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19759
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
HOWARD MILLER, JJ.
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2003-07528, 2004-00916 Dennis Baker, respondent, v National Amusements, Inc., d/b/a Sunrise Multiplex Cinemas, appellant. (Index No. 2765/99)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from two orders of the Supreme Court, Queens County, dated May 20, 2003, and December 1, 2003, respectively.
Upon the stipulation of the attorneys for the respective parties, dated December 20, 2004, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19736
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FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-03567 Margarita Batista, et al., appellants, v Marion S. Olivo, et al., respondents. (Index No. 3491/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent Marion S. Olivo, joined by the respondent Rafael Batista, on an appeal from an order of the Supreme Court, Kings County, dated March 4, 2004, to direct the appellants to serve and file a supplemental record containing the cross motion filed by the respondent Rafael Batista and the affirmation and exhibits attached thereto, and the reply affirmation of the respondent Marion S. Olivo, submitted in connection with the motion which resulted in the order dated March 4, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on or before January 14, 2005, the appellants shall serve and file a supplemental record containing the cross motion of the respondent Rafael Batista and the affirmation and exhibits attached thereto, and the reply affirmation of the respondent Marion S. Olivo.
SANTUCCI, J.P., KRAUSMAN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19741
CF/
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2004-02315 Carol Bouknight, et al., appellants, v Cezar A. Manzo, et al., respondents. (Index No. 10218/02)
| 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 February 17, 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
M19775
J/sl
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2004-02243
Jorge Chelli, plaintiff-respondent, v Banle Associates, LLC, defendant third-party plaintiff-appellant; P.N.M. Elevator Corp., third-party defendant-respondent. (Index No. 841/01)
| ORDER ON APPLICATION |
Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, entered February 23, 2004.
ORDERED that the application is granted and the time of the plaintiff-respondent to serve and file a brief is enlarged until February 7, 2005, and the plaintiffs-respondent'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
M19733
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ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
|
2004-03479 Denise Cicione, etc., et al., appellants, v Bruce Meyer, etc., et al., respondents. (Index No. 8768/99)
| DECISION & ORDER ON MOTION |
Motion by the respondents Bruce Meyer, Anthony Royek, and University Associates in OB-GYN, P.C., to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated March 5, 2004, for failure to timely perfect and cross motion by the appellants to enlarge time to perfect that appeal.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition and relation thereto, it is
ORDERED that the cross motion is granted, the appellants' time to perfect the appeal enlarged until January 27, 2005, and the record or appendix and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the motion to dismiss the appeal is denied.
SCHMIDT, J.P., CRANE, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19768
CF/
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2004-07554 Credit Based Asset Servicing and Securitization, LLC, plaintiff-respondent, v Albert Schumacher, defendant-respondent; American Key, Inc., nonparty-appellant. (Index No. 1834/02)
| 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 July 28, 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
M19779
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2004-05294
Euro-Central, respondent, v Dalsimer, Inc., appellant, et al., defendants. (Index No. 8520/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated May 5, 2004.
ORDERED that the application is granted and 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19709
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ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-07800 Joseph Fischer, appellant, v RWSP Realty, LLC, d/b/a Prudential Rand Realty, et al., defendants, Michael B. Doyle, et al., respondents. (Index No. 922/04)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Rockland County, dated August 5, 2004, on the ground, inter alia, that the notice of appeal is defective.
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., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19763
CF/
|
2004-11037 Arthur Frydryk, respondent, v Helena Kuzniar, appellant. (Index No. 24523/00)
| 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 October 19, 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
M19758
L/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-04005 Anthony Garite, et al., respondents, v Joshua Irwin Roach, et al., appellants. (Index No. 5865/03)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 23, 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 deemed withdrawn, without costs or disbursements.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19766
L/
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-03572
Hugh Gelber, respondent, v Ingroup Licensing, Inc., et al., appellants. (Index No. 7224/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Rockland County, dated March 22, 2004.
Upon the stipulation of the attorneys for the respective parties, dated November 18, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19755
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
HOWARD MILLER, JJ.
|
2004-06329 Raymond Giovanniello, etc., respondent, v Carolina Wholesale Office Machine Company, Inc., appellant. (Index No. 7242/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 22, 2004.
Upon the stipulation of the attorneys for the respective parties, dated December 10, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19767
CF/
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2004-07633 Peter Hermansen, et al., appellants, v Shawnee Group, Inc., et al., respondents. (Index No. 12750/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated July 2, 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
M19752
L/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-05234 Melida Hernandez, appellant-respondent, v Oscar Aristizabal, respondent-appellant. (Index No. 17873/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated April 29, 2003.
Upon the stipulation of the attorneys for the respective parties, dated on or about November 2004, it is
ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19757
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
HOWARD MILLER, JJ.
|
2003-09696 Maria Hiraldo, respondent, v New York City Health and Hospitals Corporation, appellant. (Index No. 17899/01)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 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 deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19765
CF/
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2004-07456 Marion Kellum, respondent, v New Grand Buffet, Inc., appellant, et al., defendants. (Index No. 17701/02)
| 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 July 1, 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
M19720
O/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
|
2003-06576, 2003-06588 Zalman Klein, appellant, v Aryeh Gutman, et al., respondents. (Index No. 35890/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue appeals from two orders of the Supreme Court, Kings County, dated December 13, 2002, and December 18, 2002, respectively, which were determined by decision and order of this court dated November 1, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19778
J/sl
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2004-05475
Inja Lee, et al., respondents, v Tracy Ratz, et al., defendants, Desmond Walsh, appellant. (Index No. 28990/02)
| 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, Kings County, dated February 13, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 25, 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
M19746
O/sl
ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
|
2003-10447 M.S. Hi-Tech, Inc., respondent, v Donald J. Thompson, Jr., appellant. (Index No. 8428/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated October 20, 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 February 3, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
SCHMIDT, J.P., CRANE, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19769
J/sl
|
2004-05682
Mortgage Electronic Registration Systems, Inc., etc., respondent, v Pariscina McDuffie, appellant, et al., defendants. (Index No. 6557/03)
| 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, entered May 27, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 22, 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
M19762
CF/
|
2004-05942 Louise Natale, respondent, v Frank J. Natale, appellant. (Index No. 29877/03)
| 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 June 2, 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
M19732
O/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-04468 Theresa Katherine Peluso, respondent, v Edward Daniel Peluso, appellant. (Index No. 28791/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, to recall and vacate a decision and order on motion of this court dated July 9, 2003, which dismissed an appeal from a judgment of the Supreme Court, Queens County, dated October 31, 2002, on the ground that it was untimely taken, to reinstate the appeal, and to enlarge the time to perfect the appeal.
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 recall and vacate the decision and order on motion dated July 9, 2003, and to reinstate the appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
PRUDENTI, P.J., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19717
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A. GAIL PRUDENTI, P.J.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-09560 Ping Lee, respondent, et al., plaintiffs, v Eagle Street Associates, Inc., et al., appellants. (Index No. 19972/96)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this court, dated December 1, 2003, which determined an appeal from an order of the Supreme Court, Queens County, dated August 22, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19724
J/sl
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2004-03977, 2004-03978 Pondview Corp., et al., respondents, v Russand, Inc., et al., defendants, Tappan Zee Senior Management Corp., et al., appellants. (Index No. 0822/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Rockland County, dated March 24, 2004, and an amended order of the same court dated April 20, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until December 28, 2004, and the record or appendix on the appeals 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
M19734
O/sl
FRED T. SANTUCCI, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2004-03082 Marianna Reis, respondent, v William & John Street Associates, LLC, et al., appellants.
(Index No. 15539/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from a judgment of the Supreme Court, Kings County, entered March 16, 2004, to strike portions of the respondent's brief on the ground that it refers to matter dehors the record and to stay the accrual of all interest on the judgment 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 branch of the motion which is to strike portions of the respondent's brief is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19773
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2004-05464
Gregory Renna, et al., appellants, v Chi Kin Leung, et al, respondents. (Index No. 48531/00)
| 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 10, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 16, 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
M19685
M/nal
|
2004-06453 Richard Shen, respondent, v Melissa Mei-Lin Sun Shen, appellant. (Index No. 31226/01)
| SCHEDULING ORDER |
Appeal by Melissa Mei-Lin Sun Shen from an order of the Supreme Court, Queens County, dated July 8, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by serving and filing the record or appendix and the appellant's brief on the appeal is enlarged until February 22, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19737
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2004-00505 Ventresca Realty Corp., respondent, v Houlihan Parnes Corp., defendant, 455 Central Corp., appellant. (Index No. 8051/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated July 14, 2004, in the above-entitled case is amended by deleting from the first decretal paragraph thereof the date "August 19, 2003", and substituting therefor the date "December 12, 2003.
ALTMAN, J.P., S. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19739
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A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-08206 In the Matter of Albert A. Belbol, Jr., respondent, v Rachel Stevenson, a/k/a Rachel Nau, appellant. (Docket Nos. V-1047-00, V-1138-00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated October 19, 2004, which dismissed an appeal from an order of the Family Court, Nassau County, dated September 1, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the decision and order on motion of this court dated October 19, 2004, is recalled and vacated, and the appeal is reinstated.
PRUDENTI, P.J., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19743
S/sl
BARRY A. COZIER, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-11005, 2004-11006, 2004-11007
In the Matter of Mina Bronstein-Becher, respondent, v Yehuda Becher, appellant. (Docket No. F-09653-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal from three orders of the Family Court, Kings County, one dated December 7, 2004, and two dated December 16, 2004, inter alia, to stay enforcement of the order dated December 16, 2004, which directed his incarceration and to immediately release him from civil commitment pending hearing and determination of the appeals, to relieve Philip Skittone as his attorney, and to assign new counsel to prosecute the appeals and for leave to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is granted to the extent that the appellant is granted leave to appeal from the order dated December 16, 2004, which denied certain motions, and that branch of the motion is otherwise denied as unnecessary (see Family Ct Act § 439[e], 1112); and it is further,
ORDERED that the branch of the motion which is to relieve Philip Skittone as attorney for the appellant is granted, and Philip Skittone is relieved from representing the appellant on the appeals; and it is further,
ORDERED that Philip Skittone shall serve a copy of this decision and order on motion upon the appellant on or before January 6, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeals and leave to prosecute the appeals as a poor person are denied with leave to the appellant to renew, on or before January 20, 2005, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeals; and it is further,
ORDERED that the branch of the motion which is to release the appellant from civil commitment is granted to the extent that the appellant shall be released from civil commitment pending hearing and determination of the appeals (1) on condition that the appeals are perfected on or before March 21, 2005, and (2) on further condition that prior to his release the appellant pay to the respondent or to her attorney, on behalf of the respondent, the sum of $5,515.42, representing the arrears he owes, and that branch of the motion is otherwise denied; and it is further,
ORDERED that in the event the appeals are not perfected on or before March 21, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the Warden of the facility at which the appellant is incarcerated, or his or her agent, is directed to immediately release the appellant upon receipt of a certified copy of this decision and order on motion and proof that the appellant has paid the sum of $5,515.42, in accordance herewith; and it is further,
ORDERED that the motion is otherwise denied.
COZIER, J.P., SKELOS, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19021
L/
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In the Matter of the Dismissal of Causes for Failure to Perfect - Di December 2004 Calendar
| DECISION & ORDER ON MOTION smissal for Failure to timely Perfect |
The appellants or petitioners in the following named causes have failed to perfect their respective appeals or proceedings within the time limitations specified in subdivision (e) of sections 670.8 of the rules of this court (22 NYCRR 670.8[e]). The titles of the matters appeared on a dismissal calendar published in the New York Law Journal, and the appellants or petitioners failed to make applications to enlarge the time to perfect within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h) it is,
ORDERED that the following named causes are dismissed.
Docket No.Title
1998-08363Bankers Trust Company of California, N.A. v Dorfman
2003-05316Greenpoint Bank v Grant
2003-07160Mazzullo v New York Mortgage Serving Corporation
2003-09150Caputo v Peton
2003-09421Fernald v Vinci
2003-09786BDG Oceanside, LLC v RAD Terminal, Corp.
2003-09943Halmer Builders of New York, Inc. v Team Star Contractors, Inc.
2003-10362Isaacson v Neuman
2003-10627Barrett v Hillside Nails
2003-10772Roseff v Northern Westchester Hospital Center
2003-10789Gray v National Wholesale Liquidators
2003-11296Matter of Rivera v Wing
2004-00052Matter of Best v Paynter
2004-00184Bancker Construction, Corp. v Insurance Corporation of New York
2004-00300Aldecoa v Ianina Taxi Service Inc.
2004-00304Aldecoa v Ianina Taxi Service Inc.
2004-00460Rory v Ford Motor Credit Company
2004-00468Brathwaite v New York Central Mutual Fire Insurance Company
2004-00622Joseph v Delorenz
2004-00926Alessio v City of New York
2004-00980J.O.E.Y. Management, Inc. v Sabloff
2004-01028Betancourt v State of New York
2004-01175Matter of G. (Anonymous), Susan
2004-01190Matter of Allstate Insurance Company v Estate of Frank Ingenito
2003-07619Faruqi v Faruqi
2004-01330Misk v Moss
2004-01363Matter of Sandhu v Mercy Medical Center
2004-01369Matter of Greentree Foundation v Assessor/Board of Assessors County of
2004-01372Matter of Greentree Foundation v Assessor/Board of Assessors County of
2004-01482Knesses Israel of Sea-Gate, Inc. v Mesitva of Sea-Gate, Inc.
2004-01524Chibbaro v Chibbaro
2004-01548Fine v Fine
2004-01587Ferri v Glassman
2004-01602Matter of Orange & Rockland Utilities, Inc. v Village of Kiryas Joel
2004-01663Martinez v Berkovitz
2004-01665Matter of Liberty Mutual Insurance Company v Kiesling
2004-01775Riccardi v City Wide Transit, Inc.
2004-01913Matter of Hawryluk v Town of Huntington Zoning Board of Appeals
2004-02010Majlinger v Cassino Contracting Corporation
2004-02029NYCTL 1998-1 Trust v Peniel Baptist Church, Inc.
2004-02033Carlino v Triboro Coach Corp.
2004-02177Magarine v Bruckner Southern, LLC
2004-02185Pudalov v Pudalov
2004-02211Credit Solutions of New York, Inc. v Keep Services Inc., d/b/a Keep In
2004-02341Medina v Crespo
2004-02352Walter v Amoroso
2004-02420Paredes v Hernandez
2004-02425Shagoury v Shagoury
2004-02514Duncan v Arlington Getty
2004-02560Bank of New York v C & C Car Worx II
2004-02616Herdigein v Persaud
2004-02617Wolfe v City of New York
2004-02668Sehgal v FederatedDepartment Stores, Inc., d/b/a Macy's
2004-02675Wittges v Flik International Corporation
2004-02721Matter of Hinton; Nassau County Department of Social Services
2004-02730Shifer v Shifer
2004-02739Romano v Romano
2004-02749Matter of Generosa Ammon, Deceased; Pelosi, Daniel
2004-02768Matter of Thomas v Leonard
2004-02796Matter of Thompson v New York State Division of Parole
2004-02824North Queensview Homes, Inc. V RCN Telecom Services, Inc.
2004-02828Luisi v New York City Department of Parks & Recreation
2004-02845Matter of Stein v Stone
2004-02848NYCTL 1999-1 Trust v 72-02 Northern Boulevard Realty Corp.
2004-02889Blanco v Snyder's of Hanover, Inc.
2004-02891Bolde v Apple Valley Corporation
2004-02893Heier v New York Medical College
2004-02906Amico v New York City Transit Authority
2004-02926Valley Forge Insurance Company v Reed
2004-02961Fooden v Fooden
2004-02983Finkler v Finkler
2004-02984Stevens v State of New York
2004-03038Benjamin v Benjamin
2004-03044Business Lenders, LLC v 3G Force, Inc.
2004-03058Manely v Sutter Avenue LLC
2004-03073Associates Consumer Discount Company v McClean
2004-03074Cupid v Cupid
2004-03075Pierre v Murphy
2004-03077Saccomagno v City of New York
2004-03080Netchayeva v New Millenium Furniture
2004-03083King v Jamaica Hospital Medical Center
2004-03085Efe v Liu
2004-03087Meyers v Bobower Yeshiva Bnei Zion
2004-03101Matter of Pender v NYS Disciplinary Panel
2004-03102Quandt v Wormsby
2004-03105Marino v Termini
2004-03104Marino v Termini
2004-03115Winokur v Winokur
2004-03120Pereira v Academy Bus Company
2004-03121Heier v New York Medical College
2004-03126Cole v Correra
2004-03134Fisher v Twin India Palace, Inc.
2004-03136Esquival v Peuch
2004-03138Richardson-Anthony Anthony
2004-03141Esposito v Soroka
2004-03152Fine v Fine
2004-03154Oakwood LLC v C.D.M.R.J. and Associates LLC
2004-03166Francone v City of New York
2004-03170Patel v Patel
2004-03173Rory v Ford Motor Credit Company
2004-03174Nikolos v City of New York
2004-03193Jeffer v Richmond County Savings Bank
2004-03194Lee v Staten Island Radiological Associates, P.C.
2004-03199Aponte v Severino
2004-03202Diaz v Beach
2004-03205Novak v Papish
2004-03209Rivers v Spitzer
2004-03211Concepcion v Spitzer
2004-03220Rolon v Olmo
2004-03231Ryan v Ryan
2004-03232Sterling Properties v Schwartz
2004-03233Hader v Hader
2004-03235Breskel Associates v Myles
2004-03239Tiffany At Westbury Condominium v Marelli Development Corp.
2004-03257Perri v Gilbert Johnson Enterprises, Ltd.
2004-03272Matter of Lucena v Lopez
2004-03273Oriska Insurance Company v Perri
2004-03276Matter of McCormick v State of New York
2004-03283Bryant v City of New York
2004-03289Liguori v Atlantic Building Maintenance Co., Inc.
2004-03290Cooley v Livingston Acquisition LLC
2004-03291Korpalski v Lau
2004-03294Fidelity Holdings, Inc. v Marom
2004-03295Desrameaux v Sow
2004-03296Balram v Akilov
2004-03303Matter of New York Central Mutual Fire Insurance Company v State Farm
2004-03309Davis v Brookdale Hospital & Medical Center
2004-03311Echevarria v Pathmark Stores, Inc.
2004-03313Deliz v City of New York
2004-03327Davis & Warshow, Inc. v Excellence in Plumbing Corp.
2004-03348Matter of Schenk; St. Peter's Cemetery
2004-03356Randazzo v Randazzo
2004-03362Lemp v Lemp
2004-03366Lepard v Payless Shoesource, Inc.
2004-03367Smith v Southland Corporation
2004-03391McLoughlin v Pastore
2004-03390Ellis v LCOR White Plains I LLC
2004-03394Gonyon v MB Television a/k/a MB TV
2004-03402Pinilla v Malarino
2004-03406Valente v Valente
2004-03408Buendia v Port Authority of New York & New Jersey
2004-03410G/M Dynasty Real Estate v Chandler
2004-03411Ponce v O'Brien
2004-03412Ibarra v Facilities Development Corporation
2004-03414M.A. Angeliades, Inc. v WEB Food Products, Inc.
2004-03416Chorazy v Maruszak
2004-03417Saccoccio v Casillo
2004-03421Frankel v Mun
2004-03450Nelson v FLG&T Realty Company, LLC
2004-03483Matter of Robinson v Russell
2004-03486Temple Bnai Sholom of Great Neck v Village of Great Neck Estates
2004-03487Vader v Storage USA
2004-03489Eplin v National Broadcasting Co., Inc.
2004-03490DeMasco v Town of Hempstead
2004-03493Glover v Howard
2004-03504County of Nassau v Flushing Ultrasound, Inc.
2004-03506Battaglia v Keyspan Energy Corp.
2004-03540Lawyer v New York City Housing Authority
2004-03545Gardner v Brill
2004-03546Rosenberg v Eddas Food Marketing, Inc.
2004-03548Guy v ELRAC, Inc.
2004-03553Roe v Nelson Maintenance Services, Inc.
2004-03557Blenman v St. George Hotel Associates, LLC
2004-03558Calafiore v Kennelly
2004-03561Kalinsky v Square
2004-03562Maksymowicz v Klub Europa of Brooklyn, Inc.
2004-03570Matter of Williams v Pfeffer
2004-03575Barrett v Rohe
2004-03578Matter of Fayo, Deceased; Ceriale; Buck
2004-03580Hernandez v State of New York
2004-03595Morrone v Morrone
2004-03608Citibank (South Dakota), N.A. v Smith
2004-03611Chrislex Staffing L.T.D., d/b/a J&K Healthcare Services v Medical Staf
2004-03613Matter of Hayes v Mulligan
2004-03617Loja v King Buffet
2004-03625Washington Mutual Bank, F.A. v Choudhary
2004-03633Reategui v New World Transportation Corp.
2004-03638Albert v Egan
2004-03640Davenport v TJX Companies, Inc., d/b/a TJ Maxx
2004-03644Wray v Fernandez
2004-03660De La Paz v City of New York
2004-03665Mazur v Estate of Goldman
2004-03672M & T Credit Corporation v Syndicate Trading, LLC
2004-03677Matter of Lupoli, Matthew; Alice Dialyda; Keishma Smallwood
2004-03678Matter of Lupoli, Matthew; Alice Dialyda
2004-03703Jacino v Jacino
2004-03711Campbell v State of New York
2004-03717Hoffman v Wayne Paul Corporation
2004-03728Bryant v Suk-Ying
2004-03729Wallis v Rossi
2004-03730Karageorgiou v Nationwide Mutual Fire Insurance Company
2004-03731Hofmann v County of Nassau
2004-03732Moran v Giovanni
2004-03733Family Cycle Corporation v Kalderon
2004-03734Gaissert v Gaissert
2004-03736VP Direct Response Marketing, Inc., d/b/a Val-Pak of Suffolk County v
2004-03739Kiernan v Incorporated Village of Valley Stream
2004-03744Blum v Cain
2004-03749Atlantic J&S Corp. v Noll's Boat Yard, Inc.
2004-03765Matter of Ryerson; Evelyn Cole, An Incapacitated Person
2004-03778Matter of Randazzo, Deceased
2004-03779Harvey v Young
2004-03785Pryor v Brown
2004-03788Johnson v E & L Transportation, Inc.
2004-03792Thompson v New York City Housing Authority
2004-03793Chemych v Kelson
2004-03797Matter of Berlin v Village of Scarsdale
2004-03801Vellone v The Great Atlantic & Pacific Tea Company Inc.
2004-03807Commissioner of Labor of the State of New York v Cekik
2004-03809Rafalowski v Salem Truck Leasing, Inc.
2004-03810Kunis v LaVilla Restaurant
2004-03811Boone v Bender
2004-03812Thomas v City of Mount Vernon
2004-03813McBean v United Skates of America, Inc., d/b/a Empire Roller Skating C
2004-03820Liguori v New York City Transit Authority
2004-03821Zeldin v Chan
2004-03822Dente v Warner
2004-03827Famiglietti v Roosevelt Field Mall
2004-03832Sereda v Michaels
2004-03833Tudisco v Adelphi University
2004-03843LaFasciano v LaFasciano
2004-03852Klepp v Klepp
2004-03853M & T Credit Corporation v Syndicate Trading, LLC
2004-03854Sharp v Sharp
2004-03860Matter of Cavagnaro v Village of East Hampton Design Review Board
2004-03865Ross v Garcia
2004-03867Fardella v State of New York
2004-03880Matter of Wade v The Ebenezer Baptist Church
2004-03897Anzalone v Consolidated Rail Corporation
2004-03906Shapiro v Shapiro
2004-03928UMLIC VP LLC v Moore
2004-03929Shapiro v Shapiro
2004-03930Shapiro v Shapiro
2004-03943Collado v Tomlinson
2004-03945Singh v Sukhdeo
2004-03946Matter of Nandi v Novello
2004-03949Torres v Northshore Ambulance and Oxygen Service, Inc.
2004-03950Collins v Telcoa International Corp.
2004-03952Dews v Liberatoscioli
2004-03951Arjun v The Port Authority of New York
2004-03955Duarte v Blue Grass Farms at Mount Sinai, Ltd.
2004-03956Clearview Gardens First Through Sixth Corporation v WMF Washington Mor
2004-03958Tumminello v Kunkle
2004-03971Envirostar Corporation v Ravel
2004-03970Griffin v Schwartz
2004-03974Flores v MLFF Realty Corp.
2004-03981Prefer v Prefer
2004-03983Conway v Conway
2004-03991Penninipede v Penninipede
2004-03998Robinson v Red Star Express Lines, Inc.
2004-04002Batista v Batista
2004-04006Matter of American Legion East Rockaway Post #958, Inc. v Incorporated
2004-04024Commissioners of the State Insurance Fund v Tabriz Holding Corp.
2004-04027Matter of Chabad of Great Neck, Inc. v Board of Assessors of Nassau Co
2004-04028Matter of Civil Service Employees Association, Inc. v Nassau County Ci
2004-04032Harper v Torres
2004-04034McCord v City of New York
2004-04039Sun Life Assurance Company of Canada v I.J. Litwak & Company, Inc.
2004-04042Mickens v Salfali
2004-04044Beauge v New York City Transit Authority
2004-04045Johnson v Star Realty Corporation
2004-04053Bentley v Hansen
2004-04058Hanan v Hanan
2004-04059Hanan v Hanan
2004-04061Roy v Young Men's Christian Association
2004-04064Matter of Richard Gardens, Inc. V NYSDHCR
2004-04070Maravolo v Astore
2004-04082Conlon v Conlon
2004-04083Parine v Country Farms Equestrian Center
2004-04115Woodmont Properties Meadows, LLC v Venice Land Development, LLC
2004-04118Matter of Mountain v Westchester County Executive
2004-04157Brandes v North Shore University Hospital
2004-04169Mora v Aronov
2004-04170Pelled v Schneiderman
2004-04174Flores v 33-33 82nd St. Owner's Corporation
2004-04192Kirshon v Kirshon
2004-04194Levine v State of New York
2004-04204Pearlstein v Pearlstein
2004-04207Torelli v Connors
2004-04209Fooden v Fooden
2004-04218Matter of YG Equities, LLC v Board of Trustees of the Incorporated Vil
2004-04220Barsky v Levada
2004-04223Student Loan Marketing Association v Berokhim
2004-04225Matter of Barretto v Zoning Board of Appeals Incorporated Village of B
2004-04238Liberty Mutual Insurance Company v Parallel Management
2004-04262Hall v Penas
2004-04275Mendieta v Wang
2004-04281Torres v Ruggeri
2004-04283Newman & Cahn, LLP v Sharp
2004-04317Harper v Torres
2004-04318Callahan v Seal Rite Insulation of New York, Inc.
2004-04328Alexis v City of New York
2004-04330Gluszek v 44-45 Broadway Realty Co.
2004-04331Matter of Hartford Insurance Company v Petrillo
2004-04332Government Employees Insurance Company v Country-Wide Insurance Compan
2004-04357Corrado v Corrado
2004-04370Garcia v City of Yonkers
2004-04372Wagner v Arcuri
2004-04374Benedict v Whitman Breed Abbott & Morgan
2004-04379Anderson-Curristan v Catholic Medical Center of Brooklyn & Queens, Inc
2004-04381Vasquez v Umberto Adrian
2004-04382DiFiore v DiFiore
2004-04384Estate of Elbert H. Van Houten v General Electric Capital Assurance
2004-04388Nowicki v Cooper
2004-04397Fenty v Chomas
2004-04400Bell v City of New York
2004-04401Matter of Best v New York City Department of Finance Parking Violation
2004-04402Mehtani v Mehtani
2004-04406Salazar v Catskill Regional Medical Center
2004-04413Marrero v Osowiecki
2004-04417Shapiro v City of New York
2004-04428Widlitz & Stern, P.C. v Hummel
2004-04456Ortiz v State of New York
2004-04460New York Dirt Contracting Corporation v Columbus Construction Corporat
2004-04462Matter of Artis v City of New York
2004-04463Filipowich v Tavano
2004-04464Trivelli v Izzo
2004-04466Goldstein v Raymond Realty, LLC
2004-04468Modica v Chan
2004-04471Ramsay v Laura & Matarrese
2004-04475Davidowitz v Stern
2004-04484Ramcharan v 625 Fulton Associates
2004-04486Premier Lincoln-Mercury, Inc. v Alsol Enterprises, Ltd.
2004-04488Bruce Supply Corp. v Metropolitan Plumbing & Heating Corp.
2004-04532Pardodefigueroa v Turner Construction, Corp.
2004-04536Matter of Nationwide Insurance Company v Innamorato-Aponte
2004-04555Khaldarov v Neighborhood Housing Services of NYC
2004-04570ABN Amro Mortgage Group, Inc. v Lanham
2004-04572Sterngass v Soffer
2004-04573Matter of Labozz-2 Builders Corp., d/b/a Labozz Design Builders Desig
2004-04574Matter of Labozz-2 Builders Corp., d/b/a Labozz Design Builders Desig
2004-04578Gloninger v Roman Catholic Parish of St. Andrew of Sag Harbor
2004-04580Tripodi v Allstate Insurance Company
2004-04584Harty v Falek
2004-045854G's Truck Renting Company Inc. v Hale Airfreight, Inc.
2004-04586Leopoldo v Rolon
2004-04594West v Curti
2004-04604Winn v Londono
2004-04605Gonzalez v South Bay Commons, Inc.
2004-04612Matter of Diaferia v Town of North Hempstead
2004-04623Ottimo v Ritholtz
2004-04624Ara Plumbing & Heating Corp. v Abcon Associates, Inc.
2004-04627Ara Plumbing & Heating Corp. v Abcon Associates, Inc.
2004-04628Schneider v Schneider
2004-04634J&N Fine Crystal Ltd. v Kulka Contracting, LLC
2004-04636Lupo v Anteby
2004-04652Matter of Venigalla v Nori
2004-04653Franklin-Johnson Inc. v RAD Ventures
2004-04680Maniaci v Sunrise Candy & Tobacco Corp.
2004-04689Creamer v Finkel
2004-04691Becher v HSBC Bank USA
2004-04693Kaufman v French
2004-04700Davi v Health Advocates For Older People Housing Development Fund Co.
2004-04701Lopez v Gonzalez
2004-04702Rivers v Murray
2004-04704Matter of Danza v New York City Employees' Retirement System
2004-04712Myrtil v 135-45 R.P. Associates, LLC
2004-04714Matter of Ditmas Park Care Center v Novello
2004-04716Huang v Piou
2004-04718Flickinger v Bowers
2004-04719LPP Mortgage Ltd., f/k/a Loan Participant Partners, Ltd. v Colamussi
2004-04720Matter of Christy v Scoppetta
2004-04721Martinez-Beard v Khlevner
2004-04724Melendez v Ledgister
2004-04725Matter of Murray v Nassau County Civil Service Commission
2004-04726Ornstein v City of New York
2004-04732Conte v Emigrant Savings Bank
2004-04733Conte v Emigrant Savings Bank
2004-04745Matter of Damon Motor Coach v Gjertsen
2004-04746Beyer v Bright Bay Lincoln Mercury-GMC Truck Inc.
2004-04752Matter of McElroy v Holland
2004-04760Padovani v Miller
2004-04766Redler v City of White Plains
2004-04775Daimon, a/k/a Darmon v Fridman
2004-04776Daimon, a/k/a Darmon v Fridman
2004-04783Brandes v North Shore University Hospital
2004-04784Brandes v North Shore University Hospital
2004-04786Nisenbaum v Montovano
2004-04787Nisi v St. John's Episcopal Hospital
2004-04788Arena v Stewart Avenue Realty, LLC
2004-04790Matter of DiMatteo v Scheyer
2004-04795Matter of Foreclosure of Tax Liens Article 11; County of Putnam
2004-04811Feinman v City of New York
2004-04816Farmer v City of New York
2004-04818Fultonex International (Rego Park), Inc. v Red Apple Child Development
2004-04819Abt v Port Authority of New York and New Jersey
2004-04820Matter of Keklak, an Alleged Incapacitated Person; Gale
2004-04827Rios v Buthorn
2004-04830Mazzone v Mazzone
2004-04831Pollina v Lederman
2004-04871Ickes v Transitional Services of New York For Long Island
2004-04874Campbell v State of New York
2004-04876Campbell v State of New York
2004-04886Smart v Adams
2004-04933Chekh v Peery
2004-04939Braff v Lenox Hill Hospital
2004-04944Saulino v Zaman
2004-04962Matter of Weingarten, Fred; Popovic, Jacob; Transit Systems, Ltd.
2004-04971Cole-Hatchard v Cole-Hatchard
2004-04977Thomas v Young Men's Christian Association
2004-04980Lawson v Bianconi
2004-05060Johnson v State of New York
2004-05076Duarte v Brown
2004-05081Daniels v Daniels, nee Rodriguez
2004-05146Afromowitz v First Unum Life Insurance Company
2004-05165Eisenstadt v Natenzon
2004-05224Swinford v Swinford
2003-09812Moscato v Williams
2004-05275Anzalone v Consolidated Rail Corporation
2004-05298Moran v McCarthy, Safrath & Carbone, P.C.
2004-05306Hom v State of New York
2004-05315Saltiel v Saltiel
2004-05693Incalcaterra v Furgang
2004-01252Velez v Tuckahoe Development LLC
2004-06765Matter of Sinisclachi v Crotty
2004-00752Centex Home Equity v Ming-Cheng Hsu
2004-01779Kuohn v County of Suffolk
2004-01259Cocomello v Kenny
2004-08267Jean v City of New York
2004-09010Matter of Baez v New York State Department of Motor Vecicles
2004-01739Allison v Allison
2004-03153Baharestani v Baharestani
2004-02962Ross v Ross
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19689
M/nal
|
2004-05043 In the Matter of Karen Fowler, appellant, v Oswaldo Rivera, respondent. (Docket Nos. V-1058-99, V-3433-99)
| SCHEDULING ORDER |
Appeal by Karen Fowler from an order of the Family Court, Suffolk County, dated April 30, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until January 21, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19692
M/nal
|
2004-09207 In the Matter of Edward Grassi, respondent, v Janice Grassi, appellant. (Proceeding No. 1) In the Matter of Edward Grassi, respondent, v Jan Grassi, a/k/a Janice Grassi, appellant. (Proceeding No. 2) In the Matter of Janice Grassi, appellant, v Edward Grassi, respondent. (Proceeding No. 3) (Docket Nos. V-15426-02, V-15427-02)
| SCHEDULING ORDER |
Appeal by Janice Grassi from an order of the Family Court, Nassau County, dated September 14, 2004. On the court's own motion, it is
ORDERED that the scheduling order dated October 26, 2004, in the above-entitled proceeding is amended to provide that the appellant's time to comply therewith is enlarged until January 5, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19684
M/nal
|
2004-00276 In the Matter of Ajuwon H. (Anonymous). McMahon Services, respondent; Annmarie H. (Anonymous), appellant. (Docket No. B-24985-00)
| SCHEDULING ORDER |
Appeal by Annmarie H. from an order of the Family Court, Kings County, dated December 18, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 13, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's law guardian's time to serve and file a brief on the appeal is enlarged until January 24, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19696
M/nl
|
2003-08962 In the Matter of Sheung C. Ingle, respondent, v Patrick O. Ingle, appellant. (Docket No. O-05820/02)
| SCHEDULING ORDER |
Appeal by Patrick O. Ingle from an order of the Family Court, Dutchess County, dated June 12, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 20, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M19681
M/nal
|
2003-08924
In the Matter of Ramsay M. (Anonymous). Administration for Children's Services, appellant; Olga P. (Anonymous), et al., respondents. (Docket No. NA-14192/02)
| SCHEDULING ORDER |
Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated September 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 1, 2004, and the law guardian's brief was served and filed on November 24, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent Christian C. to serve and file a brief on the appeal is enlarged until January 27, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19690
M/nal
|
2004-03887, 2004-03889, 2004-03891, 2004-05919, 2004-05920, 2004-05921 In the Matter of Gia Melikishvili, respondent, v Ketevan Grigolava, appellant.
(Docket Nos. V-04251-01, V-14040-99)
| SCHEDULING ORDER |
Appeals by Ketevan Grigolava from six orders the Family Court, Queens County, three dated April 2, 2004, and three dated June 25, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until January 31, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19691
M/nl
|
2003-10536 In the Matter of Frank A. Monzon, appellant, v Lori Zaikowski, respondent. (Docket No. V-1859/98)
| SCHEDULING ORDER |
Appeal by Frank A. Monzon from an order of the Family Court, Suffolk County, entered November 10, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 5, 2004, and the respondent's brief was served and filed on December 22, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until January 10, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19682
M/nal
|
2004-08057
In the Matter of Theresa Partanio, respondent, v Gregory Partanio, appellant. (Docket No. F-10860-03)
| ORDER TO SHOW CAUSE |
Appeal by Gregory Partanio from an order of the Family Court, Nassau County, dated August 24, 2004. By decision and order on motion of this court dated November 19, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before December 20, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before January 12, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19680
M/nal
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2004-06416 In the Matter of Linda Recard, appellant, v Anthony Polite, respondent. (Docket No. V-03869/00)
| SCHEDULING ORDER |
Appeal by Linda Recard from an order of the Family Court, Kings County, dated July 1, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 21, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M19695
M/nal
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2004-04671 In the Matter of Katarzyna Sacharczuk, respondent, v Brendon Holder, appellant. (Docket No. F-01169-01)
| SCHEDULING ORDER |
Appeal by Brendon Holder from an order of the Family Court, Orange County, dated April 29, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 21, 2004 . Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M19789
Y/sl
ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
BARRY A. COZIER
PETER B. SKELOS, JJ.
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2004-10701
In the Matter of Gail Steiger, petitioner, v Ronald Steiger, respondent. (Docket No. F-01809-00)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by Ronald Steiger for leave to appeal to this court from an order of the Family Court, Nassau County, dated October 14, 2004, and to stay a hearing before the Family Court, Nassau County.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
SCHMIDT, J.P., CRANE, COZIER and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19722
M/nl
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2004-06415 In the Matter of Curnelle T. (Anonymous), respondent. Corporation Counsel of the City of New York, appellant. (Docket No. E-5919/04)
| SCHEDULING ORDER |
Appeal by the Presentment Agency from an order of the Family Court, Kings County, dated July 13, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 1, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until January 3, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19678
M/nal
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2004-07977, 2004-07978
In the Matter of Patrick Kishawn W. (Anonymous), a/k/a Patrick W. (Anonymous). Little Flower Children's Services, et al., respondents; Yvonne W. (Anonymous), appellant. In the Matter of "Male" W. (Anonymous), a/k/a Tashien W. (Anonymous), a/k/a Tashiem W. (Anonymous). Little Flower Children's Services, et al., respondents; Yvonne W. (Anonymous), appellant. (Docket Nos. B-16253/03, B-16254/03)
| ORDER TO SHOW CAUSE |
Appeals by Yvonne W. from two orders of the Family Court, Kings County, both dated August 5, 2004. By scheduling order dated September 23, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 23, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before January 12, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19481
K/sl
SONDRA MILLER, J.
|
2004-08826
The People, etc., respondent, v Mauricio Argueta, appellant.
(Ind. No. 1965-02)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated September 9, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted; the defendant is granted leave to appeal from the order of the County Court, Nassau County, dated September 9, 2004, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
SONDRA MILLER
Associate Justice
Appellate Division: Second Judicial Department
M1964
CF/
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2003-10085 The People, etc., respondent, v Keenan Baskerville, appellant. (Ind. No. 8198/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Kings County, rendered September 23, 2003.
Upon the stipulation of the parties, dated December 21, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19738
O/sl
FRED T. SANTUCCI, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2002-11370 The People, etc., respondent, v Oral Dawkins, appellant. (Ind. No. 8813/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered December 9, 2002, to unseal and release an audiotaped recording and related documents for the purpose of permitting her to review and obtain a copy of them for use on the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on or before January 10, 2005, the District Attorney shall file the audiotaped recording and related documents with the Clerk of this court, and they shall remained sealed upon delivery; and it is further,
ORDERED that the motion is held in abeyance in the interim, to be determined after an in camera review of the audiotaped recording and related documents.
SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19742
S/sl
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2004-04230, 2004-04231
The People, etc., appellant, v Gerald Garson, respondent.
(Ind. Nos. 3515/03, 5332/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Kings County, dated April 29, 2004, and May 6, 2004, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 24, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19482
K/sl
SONDRA MILLER, J.
|
2004-10060 The People, etc., respondent, v Henry Hall, appellant.
(Ind. No. 91700-95)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated October 5, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted; the defendant is granted leave to appeal from the order of the County Court, Nassau County, dated October 5, 2004, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
SONDRA MILLER
Associate Justice
Appellate Division: Second Judicial Department
M19772
CF/
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2003-10102 The People, etc., respondent, v Piero Russotto, appellant. (Ind. No. 8314/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Kings County, rendered October 22, 2004.
Upon the stipulation of the parties, dated December 21, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19718
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2004-07420 The People, etc., respondent, v Christopher Silent, appellant. (Ind. No. 1035/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to reargue a motion pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered August 18, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel, which was determined by decision and order on motion of this court dated October 14, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to reargue the motion for an extension of time to take an appeal is granted, and upon reargument, the defendant's motion for an extension of time to take the appeal is granted; and it is further,
ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the motion is otherwise denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19731
S/sl
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2003-05762
The People, etc., respondent, v Robert R. Sioleski, appellant. (Ind. No. 13/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Dutchess County, rendered May 30, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 5, 2005, and the respondent'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
M19730
S/sl
|
2000-10257, 2001-02096
The People, etc., respondent, v Boris Walker, appellant.
(Ind. Nos. 885/00, 1276/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two judgments of the County Court, Suffolk County, both rendered October 16, 2000.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 10, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court