Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR JUNE 1, 2005

TITLECase Number
Bloom v St. Paul Travelers Companies, Inc.2005-02336
Culloty v Culloty2004-10218
Jicheng Liu v Sanford Tower Condominium, Inc.2005-02005
Kay Foundation v S&F Towing Service of Staten2004-07635
People of State of New York v Hines2003-06987
Singer v Metropolitan Suburban Bus Authority2004-01398
Suchin v Frederick2004-10895
318 Forest Avenue, Inc. v Town of Oyster Bay2004-10114
Walker v Koul2004-11065 +1
Mtr of B. (Anonymous), Sophia; Orange County 2005-03543
Mtr of Fotiades, Deceased; Moskoff, David2004-05616 +1
Mtr of LaManna v DeVito2005-01482
Mtr of Mazzetti v Rudy2005-04785
Mtr of Orange and Rockland Utilities, Inc. v 2004-10485 +2
Mtr of Two Trees Farm, Inc. v Planning Board 2004-10802
Peo v Ault, Anthony2005-03615
Peo v Dupree, Caliek2005-02945
Peo v Durio, Lenny2005-03755
Peo v Green, Nadene M.2005-03921
Peo v Wolters, Arthur2005-03324







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

Appellate Division: Second Judicial Department

M25890

PL/sl

2005-02336

Jonathan D. Bloom, appellant,

v St. Paul Travelers Companies, Inc.,

et al., respondents.

(Index No. 3260/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Rockland County, dated February 9, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before July 8, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M25925

R/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-10218

Ilik Culloty, appellant,

v John Culloty, respondent.

(Index No. 14080/98)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, dated August 31, 2004, for leave to reargue a prior motion 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 February 16, 2005, 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 reargue the prior motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied; 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 July 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.

ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M25918

S/sl

2005-02005

Jicheng Liu, appellant-respondent,

v Sanford Tower Condominium, Inc.,

et al., respondents, KD International, et al.,

respondents-appellants

(and a third-party action).

(Index No. 6136/02)

ORDER ON APPLICATION

ORDERED that the order on application of this court dated May 27, 2005, in the above-entitled case is recalled and vacated and the following order on application is substituted therefor:

Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a cross appeal from an order of the Supreme Court, Queens County, dated January 26, 2005.

ORDERED that the application is granted; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before July 8, 2005 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M25922

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-07635

Kay Foundation, etc., appellant,

v S & F Towing Service of Staten Island,

et al., respondents.

(Index No. 12140/01)

ORDER TO SHOW CAUSE

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated July 2, 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 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 on the ground that the order dated July 2, 2004, is not appealable as of right (see CPLR 5701[a]), and the appellant has not sought leave to appeal to this court (see CPLR 5701[c]), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before June 17, 2005; and it is further,

ORDERED that the motion to enlarge time is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties or their attorneys by regular mail.

ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M25553

A/sl

HOWARD MILLER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2003-06987

The People of the State of New York,

respondent, v Ricky Hines, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the County Court, Nassau County, dated June 30, 2003.

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

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

ORDERED that the 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 his brief on the appeal is enlarged, and assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

H. MILLER, J.P., RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M25944

O/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-01398

Elayne Singer, respondent, v Metropolitan

Suburban Bus Authority, et al., appellants

(and a third-party action).

(Index No. 17156/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, dated November 7, 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 respondent's time to serve and file a brief is enlarged until June 20, 2005, and the respondent's brief must be served and filed on or before that date.

ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M25919

S/sl

2004-10895

Scott Suchin, et al., appellants,

v Robert W. Frederick, respondent.

(Index No. 3862/00)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated November 24, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 29, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M25924

E/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-10114

318 Forest Avenue, Inc., etc., respondent,

v Town of Oyster Bay, appellant.

(Index No. 3186/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated October 18, 2004, to stay the trial in the above-entitled action pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M25873

PL/sl

2004-11065, 2004-11066

Phillip Walker, appellant,

v Chaman Koul, respondent.

(Index No. 3697/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated March 12, 2004, and October 13, 2004, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until August 9, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M25923

R/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2005-03543

In the Matter of Sophia B. (Anonymous).

Orange County Department of Social Services,

petitioner-respondent; Joanne B. (Anonymous),

appellant; et al., respondent.

(Docket No. N-3344-04)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved
of Assignment - Family Court

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of fact-finding and disposition of the Family Court, Orange County, dated March 23, 2005, and to grant the appellant leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to relieve counsel assigned to represent the appellant in the Family Court, Orange County, is granted, and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before June 15, 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 are for the assignment of new counsel to represent the appellant on the appeal and to grant leave to the appellant to prosecute the appeal as a poor person are denied, with leave to renew on or before July 6, 2005, upon the submission of proper papers establishing that the appellant is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M25943

E/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-05616, 2004-05617

In the Matter of Joan Marie Fotiades, deceased.

Gregory Fotiades, petitioner-respondent;

David Moskoff, appellant, et al., respondent.

(File No. 519/01)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Surrogate's Court, Suffolk County, both dated June 23, 2004, to strike the appellant's reply brief on the ground that it raises issues for the first time on appeal.

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

ORDERED that motion is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.

KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M25938

E/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

STEVEN W. FISHER, JJ.

2005-01482

In the Matter of Joseph LaManna, respondent,

v Dominick DeVito, appellant.

(Index No. 16326/02)

DECISION & ORDER ON MOTION

Motion by Keane & Beane, P.C., the attorneys for the respondent, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Westchester County, entered December 15, 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 Keane & Beane, P.C., is relieved from representing the respondent with respect to the instant appeal; and it is further,

ORDERED that on or before June 16, 2005, Keane & Beane, P.C., is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that no further proceedings shall be taken against the respondent, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion.

ADAMS, J.P., S. MILLER, RITTER and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M25772

M/nal

2005-04785

In the Matter of Jennifer Mazzetti, appellant,

v Patricia Rudy, respondent.

(Proceeding No. 1)

In the Matter of Jennifer Mazzetti, appellant,

v David Rudy, respondent.

(Proceeding No. 2)

In the Matter of Patricia Rudy, et al., respondents,

v Jennifer Mazzetti, appellant.

(Proceeding No. 3)

In the Matter of Patricia Rudy et al., petitioners,

v Jennifer Mazzetti, respondent.

(Proceeding No. 4)

In the Matter of Jennifer Mazzetti, petitioner,

v Patricia Rudy, et al., respondents.

(Proceeding No. 5)

(Docket Nos. V-495/04, V-496/04, V497/04,

V-498/04, G-564/04, G-572/04)

SCHEDULING ORDER

Appeal by Jennifer Mazzetti from an order of the Family Court, Putnam County, dated April 29, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.




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

Appellate Division: Second Judicial Department

M25935

E/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

STEVEN W. FISHER, JJ.

2004-10485, 2004-10486, 2005-03454

In the Matter of Orange and Rockland Utilities,

Inc., petitioner, Southern Energy Bowline, LLC,

et al., appellants, v Assessor of Town of Haverstraw,

et al., respondents.

(Index Nos. 4133/95, 0346/96, 4424/97, 4639/98,

4238/99, 3258/00, 4694/01, 5120/02, 5278/03)

DECISION & ORDER ON MOTION

Motion by the appellants to consolidate appeals from three orders of the Supreme Court, Rockland County, dated October 18, 2004, October 21, 2004, and March 11, 2005, respectively, and to enlarge the time to perfect the appeals from the orders dated October 18, 2004, and October 21, 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 branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the orders dated October 18, 2004, and October 21, 2004, is granted, the appellants' time to perfect the appeals is enlarged until October 6, 2005, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.

ADAMS, J.P., S. MILLER, RITTER and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M25916

S/sl

2004-10802

In the Matter of Two Trees Farm, Inc., et al.,

respondents, v Planning Board of Town of

Southampton, appellant.

(Index No. 02-26065)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated November 10, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 8, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division : Second Judicial Department

M25926

F/

SONDRA MILLER, J.

2005-03615

The People, etc., plaintiff,

v Anthony Ault, defendant.

(Ind. No. 1185/95)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated March 17, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

SONDRA MILLER

Associate Justice




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

Appellate Division : Second Judicial Department

M25860

F/

STEVEN W. FISHER, J.

2005-02945

The People, etc., plaintiff,

v Caliek Dupree, defendant.

(Ind. No. 13092/94)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 22, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

STEVEN W. FISHER

Associate Justice




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

Appellate Division : Second Judicial Department

M25861

F/

FRED T. SANTUCCI, J.

2005-03755

The People, etc., plaintiff,

v Lenny Durio, defendant.

(Ind. Nos. 1339/85, 7304/85)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 2, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

FRED T. SANTUCCI

Associate Justice




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

Appellate Division: Second Judicial Department

M25937

E/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2005-03921

The People, etc., respondent,

v Nadene M. Green, appellant.

(Ind. No. 75/92)

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the County Court, Dutchess County, dated April 8, 2005. By order to show cause dated April 29, 2005, this court directed the parties to show cause why an order should or should not be made and entered dismissing the appeal on the ground that the order dated April 8, 2005, is not appealable by right or by permission (see CPL 450.10, 450.15).

On the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed on the ground that the order dated April 8, 2005, is not appealable by right or by permission (see CPL 450.10, 450.15).

ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division : Second Judicial Department

M25927

F/

HOWARD MILLER, J.

2005-03324

The People, etc., plaintiff,

v Arthur Wolters, defendant.

(Ind. No. 1923/04)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated March 17, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

HOWARD MILLER

Associate Justice