Appellate Division: Second Judicial Department
M26269
CF/
|
2005-02407 Pearline Anderson, respondent, v James Perkins, appellant. (Index No. 5705/01)
| 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 September 24, 2005.
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ORDERED that the application is granted and the appeal is marked withdrawn.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
M26219
PL/sl
|
2004-10792
Howard M. Bernstein, et al., plaintiffs-respondents, v Michael Diaz, defendant-respondent, Elrac, Inc., appellant, et al., defendant.
(Index No. 22954/00)
| 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, Suffolk County, dated September 29, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before June 17, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26211
CF/
|
2004-07287 Esther Cabrera, et al., plaintiffs-respondents, v New York City Health and Hospitals Corporation, defendant-respondent, Astoria General Hospital Inc., d/b/a Western Queens Community Hospital, appellant, et al., defendants. (Index No. 15563/03)
| 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 May 21, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M26271
CF/
|
2004-10934 Marxcudel Charles, et al., appellants, v Eagle Insurance Company, et al., respondents. (Index No. 27340/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 26, 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
M26267
CF/
|
2005-00338 Eileen Christiano, et al., respondents, v Herco, Inc., d/b/a Hershey Lodge Convention Center, appellant. (Index No. 8363/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated November 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
M26279
CF/
|
2004-10678 Coty Realty, et al., respondents, v Carroll International Transport, Inc., et al., appellants. (Index No. 11861/04)
| 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 September 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
M26213
CF/
|
2004-10846 Joshua Delos-Reyes, et al., respondents- appellants, v Paul J. Hull, etc., defendant, Caroline Ceron Canas, etc., et al., defendants- respondents, Robert R. Weiss, etc., et al., appellants-respondents. (Index No. 7613/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents and the respondents-appellants to withdraw their respective appeal and cross appeal from an order of the Supreme Court, Nassau County, dated October 4, 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 and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26237
C/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2005-00023, 2005-00025 Celinda Rodriguez Donaghy, appellant, v Douglas Donaghy, respondent. (Index No. 8882/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from (1) a decision of the Supreme Court, Westchester County, dated July 8, 2004, and (2) an order of the same court dated September 8, 2004,which were withdrawn by order on application of this court dated March 31, 2005, to impose sanctions and costs upon the attorney for the appellant for frivolous conduct.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., RITTER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26206
CF/
|
2005-04287 Elrac, Inc., d/b/a Enterprise Rent A Car, et al., respondents, v Nyrac, Inc., d/b/a Budget Rent A Car, appellant, Steven Seda, defendant. (Index Nos. 25848/00, 7697/02)
| 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 March 9, 2005.
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
M26142
E/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-07272 Nicola Ferrara et al., appellants, v N.Y. & Atlantic Railway Co., defendant third-party plaintiff-respondent, L.J. Industries, Inc., defendant second third-party plaintiff-respondent; Long Island Siding Contractors, third-party defendant and second third-party defendant- respondent. (Index No. 21468/99)
| DECISION & ORDER ON MOTION |
Separate motions by N.Y. & Atlantic Railway Co., the defendant third-party plaintiff-respondent, and Long Island Siding Contractors, the third-party defendant and second third-party defendant-respondent on an appeal from an order of the Supreme Court, Queens County, dated July 12, 2004, to strike stated portions of the record on appeal on the ground that it contains matter dehors the record, to strike portions of the appellants' brief on the ground that they refer to matter dehors the record, to direct the appellants to serve and file a supplemental record on appeal containing a reply affirmation of William T. McCaffery dated April 19, 2004, and to enlarge the time to serve and file a brief. Motion by Long Island Siding Contractors, in effect, to vacate an order on application of this court dated March 3, 2005, enlarging the appellants' time to perfect the appeal and to dismiss the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branches of the motions which are to strike stated portions of the record on appeal on the ground that it contains matter dehors the record is granted to the extent that pages 7 through 10 and pages 175 through 177 of the record on appeal are stricken, and on or before June 30, 2005, the appellants shall delete or remove those pages from the copies of the record on appeal on file with the Clerk of this court or serve and file a replacement record on appeal that does not contain the stricken material, and those branches of the motions are otherwise denied; and it is further,
ORDERED that the branches of the motions which are to strike stated portions of the appellants' brief on the ground that they refer to matter dehors the record is granted to the extent that (1) the notation in the appellant's brief "RA7" in the first sentence of the second full paragraph on page 1 and in the first sentence of the first full paragraph on page 12 is changed to "RA11", and (2) the second, third, and fourth sentences of the first paragraph on page 13 of the appellants' brief beginning with the words "As that order directed," and ending with the words "for the instant motion" are stricken, and on or before June 30, 2005, the appellants shall change the reference "RA7" to "RA11" and delete the above-referenced material from the copies of the brief on file with the Clerk of this court, or serve and file a replacement brief that conforms to the foregoing, and those branches of the motions are otherwise denied; and it is further,
ORDERED that the branches of the motions which are to direct the appellants to serve and file a supplemental record on appeal containing the reply affirmation of William T. McCaffery dated April 19, 2004, are granted and on or before June 30, 2005, the appellants shall serve and file a supplemental record on appeal containing the reply affirmation of William T. McCaffery dated April 19, 2004; and it is further,
ORDERED that the branches of the motions which are to enlarge the time to serve and file a brief are granted, and the time of N.Y. & Atlantic Railway Co. and Long Island Siding Contractors to serve and file their respective briefs is enlarged until August 1, 2005, and the movants' respective briefs must be served and filed on or before that date; and it further,
ORDERED that the motion, in effect, to vacate the order on application of this court dated March 3, 2005, enlarging the appellants' time to perfect the appeal and to dismiss the appeal is denied.
ADAMS, J.P., KRAUSMAN, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26270
PL/sl
|
2005-02923
Lynda Hamilton, et al., plaintiffs-respondents, v Michael Khalife, appellant, BMW Financial Services NA, Inc., defendant-respondent, et al., defendants. (Index No. 8939/95)
| ORDER ON APPLICATION |
Application by the defendant-respondent BMW Financial Services NA, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the respondents' time to serve and file their respective briefs on an appeal from an order of the Supreme Court, Nassau County, dated February 18, 2005.
ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until July 13, 2005, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26263
CF/
|
2005-03857 Victoria Highsmith, appellant, v S.M. McCain, Sr., et al., respondents, et al., defendant. (Index No. 44097/02)
| 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 February 14, 2005.
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
M26284
Y/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2005-02916 Homeside Lending, Inc., respondent, v James Filacouris, et al., appellants, et al., defendants; Alaska Seaboard Limited Partnership, nonparty-respondent. (Index No. 10427/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enjoin the nonparty-respondent Alaska Seaboard Partners Limited Partnership from evicting and removing the appellants from certain real property located in Bethpage, New York, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered February 14, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SCHMIDT, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26282
A/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-09944 Jovanny Jomarron, appellant, v State of New York, respondent. (Claim No. 107041)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Court of Claims, 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 granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until June 30, 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., KRAUSMAN, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26266
J/sl
|
2004-08235 Leslie Kahan, plaintiff-respondent, v Ilya Sulaymanov, et al., defendants third-party plaintiffs-appellants, Jacob Moskowitz, defendant- respondent, et al., defendants; Barry Markovitz, third-party defendant, Henry Kohn, et al., third-party defendants-respondents. (Index No. 14902/89)
| ORDER ON APPLICATION |
Application by the third-party defendant-respondent Henry Kohn 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, Kings County, dated February 19, 2004.
ORDERED that the application is granted and time of third-party defendant-respondent Henry Kohn to serve and file a brief is enlarged until June 30, 2005, and that 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
M26262
J/sl
|
2004-09354 Peter Ng A Kien, et al, appellants, v Victorien Zeno, respondent. (Index No. 20163/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Westchester County, dated September 15, 2004.
ORDERED that the application is granted and the respondent's brief, which was submitted to the Clerk of this court is accepted for filing; and it is further,
ORDERED that the appellant's reply brief must be served and filed on or before June 20, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26286
L/
SONDRA MILLER, J.P.
FRED T. SANTUCCI
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2003-07186
Michael Marcus, appellant, v Plaza Auto Mall, Ltd., defendant, Primus Automotive Financial Services, Inc., respondent. (Index No. 36545/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 20, 2003.
Upon the stipulation of the attorneys for the respective parties, dated January 6, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
S. MILLER, J.P., SANTUCCI, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26275
CF/
|
2004-10986 Donna A. Marino, et al., respondents, v Dansk International Designs, Ltd., et al., appellants. (Index No. 3845/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 27, 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
M26214
CF/
|
2005-01217 Mount Sinai Hospital, etc., et al., respondents, v Chubb Group of Insurance Companies, appellant. (Index No. 8156/04)
| 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 January 3, 2005.
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
M26272
J/sl
|
2004-10515
Christopher Mrakovcic, et al., appellants, v Rose Art Industries, Inc., respondent. (Index No. 1026/03)
| 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 an order of the Supreme Court, Nassau County, dated November 5, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 30, 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
M26280
PL/sl
|
2004-10970 Felicia Ockiya, appellant, v Colgate University, respondent. (Index No. 22227/00)
| 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, Suffolk County, dated November 1, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 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
M26235
C/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2005-04709 People of the State of New York, plaintiff, v Charles A. Curio, defendant.
| DECISION & ORDER ON MOTION |
Motion by the defendant pursuant to CPL 460.30 to extend his time to take an appeal from an order of the County Court, Rockland County, dated January 18, 2005.
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, without prejudice to the defendant filing a notice of appeal if the time to do so has not expired (see CPLR 5513).
H. MILLER, J.P., RITTER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26273
R/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2005-05018 Eric Puletti, appellant, v Maria Puletti, respondent.
(Index No. 5468/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Richmond County, dated May 23, 2005, inter alia, to stay enforcement of the order dated May 23, 2005, and all proceedings in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SCHMIDT, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26274
CF/
|
2004-09106 Christopher Riddick, appellant, v Virginia Thompson, et al., respondents. (Index No. 9246/01)
| 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 February 5, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26226
PL/sl
|
2004-03240 Riverside Capital Advisers, Inc., etc., et al., plaintiffs-respondents, v First Secured Capital Corporation, et al., defendants-appellants, Wet Resources Corp., defendant-respondent, et al., defendant; Thomas Donovan, et al., nonparty-appellants. (Appeal No. 1)
2004-06107, 2004-06108, 2004-06109, 2004-06110, 2004-06111, 2004-06843 Riverside Capital Advisers, Inc., etc., et al., respondents, v First Secured Capital Corporation, et al., defendants-appellants, Wet Resources Corp., et al., defendants; Thomas Donovan, et al., nonparty-appellants. (Appeals No. 2 through 6 and 8) 2004-06114 Riverside Capital Advisers, Inc., etc., et al., respondents, v First Secured Capital Corporation, et al., defendants; Thomas Donovan, et al., nonparty- appellants. (Appeal No. 7)
(Index No. 20600/99)
| ORDER ON APPLICATION |
Application by the appellants on appeals from eight orders of the Supreme Court, Nassau County dated March 9, 2004, May 24, 2004, May 25, 2004 (two orders), June 7, 2004, June 10, 2004, June 16, 2004, and July 27, 2004, respectively, to enlarge their time pursuant to 22 NYCRR 670.8(d)(2) to serve and file their respective briefs on the appeals from the orders dated May 24, 2004 (Appellate Division Docket Number 2004-06107), May 25, 2004 (two orders) (Appellate Division Docket Numbers 2004-06108 and 2004-06109), June 7, 2004 (Appellate Division Docket Number 2004-06110), and June 10, 2004 (Appellate Division Docket Number 2004-06111), respectively.
ORDERED that the application is granted and the respective reply briefs shall be served and filed on or before June 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26268
J/sl
|
2004-08544 David W. (Anonymous), appellant, v State of New York, respondent. (Claim No. 106125)
| 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 Court of Claims, dated June 24, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 15, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26233
C/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2005-00103 Eber Weisz, respondent, v Morris Markowitz, appellant. (Index No. 3977/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 27, 2004.
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 July 11, 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., KRAUSMAN, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26283
R/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-09753 Thomas Williams, appellant, v State of New York, respondent. (Claim No. 101370)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Court of Claims, dated September 30, 2004, to hold the appeal in abeyance pending, inter alia, "the outcome of the reopening of the original case on ineffective assistance 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 the motion is denied; and it is further,
ORDERED that on the court's own motion, 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 until July 25, 2005.
H. MILLER, J.P., RITTER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26252
M/nal
|
2005-02596 In the Matter of Angela Y. Abbott, respondent, v Donte R. Burnes, appellant. (Docket No. O-21595/04)
| SCHEDULING ORDER |
Appeal by Donte R. Burnes from an order of the Family Court, Suffolk County, dated February 22, 2005. The appellant's brief was filed in the office of the Clerk of this court on June 3, 2005. 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M26288
S/sl
|
2004-10805, 2005-01191
In the Matter of American Transit, Inc., respondent, v New York City Transit Authority, appellant. (Index No. 28196/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from an order of the Supreme Court, Kings County, dated October 4, 2004, and an order and judgment (one paper) of the same court dated December 21, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 15, 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
M26167
M/nal
|
2005-05077 In the Matter of Jacqueline Crevi, respondent, v Peter Martino, appellant. (Docket No. F-11173-04 )
| SCHEDULING ORDER |
Appeal by Peter Martino from an order of the Family Court, Suffolk County, dated April 12, 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M26191
M/nal
|
2005-05322 In the Matter of Kevin C. D. (Anonymous). Nassau County Department of Social Services, petitioner; Kevin A. O. (Anonymous), appellant. (Docket No. N-00041-01)
| SCHEDULING ORDER |
Appeal by Kevin A. O. from an order of the Family Court, Nassau County, dated May 20, 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes 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.
Appellate Division: Second Judicial Department
M26188
M/nal
|
2005-05211 In the Matter of Ralph DiPaola, respondent, v Marjory DiPaola, appellant. (Docket No. F-04732-02)
| SCHEDULING ORDER |
Appeal by Marjory DiPaola from an order of the Family Court, Suffolk County, dated April 28, 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M26255
M/nal
|
2004-09936 In the Matter of Andrew Fisher, respondent, v Christine DeFlora, appellant. (Docket No. V-04274-98)
| SCHEDULING ORDER |
Appeal by Christine DeFlora from an order of the Family Court, Suffolk County, dated October 8, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 3, 2005. 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
M26281
R/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-10395, 2004-10396, 2004-10397 In the Matter of Leta Greenstein, respondent, v Jerry Greenstein, appellant.
(Docket No. F-1931-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue a prior motion for the assignment of counsel to prosecute appeals from three orders of the Family Court, Rockland County, dated May 3, 2004, July 24, 2004, and October 21, 2004, respectively, and to grant the appellant leave to prosecute the appeals as a poor person, which was determined by decision and order on motion of this court dated April 8, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., RITTER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26287
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-02357 In the Matter of Giselle H. (Anonymous). Suffolk County Department of Social Services, petitioner; Laura H. (Anonymous), respondent; Legal Aid Society of Suffolk County, nonparty- appellant.
(Docket No. N-07195/04)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated March 23, 2005, in the above-entitled matter is amended by deleting from the preamble and first decretal paragraph thereof the date "February 18, 2005", and substituting therefor the date "March 11, 2005".
H. MILLER, J.P., RITTER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26254
M/nal
|
2004-02536 In the Matter of Joseph A. Hores, appellant, v Christine A. Hores, respondent. (Docket No. F-1441-01)
| SCHEDULING ORDER |
Appeal by Joseph A. Hores from an order of the Family Court, Nassau County, dated February 18, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 3, 2005. 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
M26225
PL/sl
|
2004-11107 In the Matter of William J. J. (Anonymous), respondent; William W. J. (Anonymous), et al., appellants. (Index No. 175/88)
| 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, Dutchess County, dated November 4, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 30, 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
M26231
C/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2005-04705 In the Matter of Joann Jastremski, respondent, v David Jastremski, appellant. (Docket No. O-01681-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Richmond County, dated April 28, 2005, 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.
H. MILLER, J.P., RITTER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26177
M/nal
|
2005-05081 In the Matter of Marie Joseph, respondent, v Samuel Isidore, appellant. (Docket No. F-02482-96)
| SCHEDULING ORDER |
Appeal by Samuel Isidore from an order of the Family Court, Suffolk County, dated May 4, 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M26166
M/nal
|
2005-05057 In the Matter of William Kimbark, Jr., appellant, v Lisa Kimbark, a/k/a Lisa Castaldo Green, respondent. (Docket No. F-317-99)
| SCHEDULING ORDER |
Appeal by William Kimbark, Jr., from an order of the Family Court, Rockland County, dated April 20, 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes 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.
Appellate Division: Second Judicial Department
M26256
M/nal
|
2004-07857 In the Matter of Susanna Kraus, respondent, v Sheldon Kraus, appellant. (Docket No. O-09900-04)
| SCHEDULING ORDER |
Appeal by Sheldon Kraus from an order of the Family Court, Suffolk County, dated August 23, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 7, 2005. 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
M26260
M/nal
|
2005-01771, 2005-01772
In the Matter of Karim L. (Anonymous). Heartshare Human Services, Inc., respondent; Criseena L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Shakwon Angel W. (Anonymous). Heartshare Human Services, Inc., respondent; Criseena L. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-6372/99, B-17670/99)
| ORDER TO SHOW CAUSE |
Appeals by Criseena L. from two orders of the Family Court, Kings County, both dated December 14, 2004. By decision and order on motion of this court dated April 29, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeals as a poor person on or before June 3, 2005. 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 appeals in the above-entitled proceedings 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 June 27, 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
M26182
M/nal
|
2005-05203 In the Matter of Michelle Leone-Kontos, respondent, v Michael Kontos, appellant. (Docket No. O-00946/05)
| SCHEDULING ORDER |
Appeal by Michael Kontos from an order of the Family Court, Suffolk 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M26176
M/nal
|
2005-05010 In the Matter of Chantal M. (Anonymous). Administration for Children's Services, respondent; Leonel M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Gleacy M. (Anonymous). Administration for Children's Services, respondent; Leonel M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Glendyann M. (Anonymous). Administration for Children's Services, respondent; Leonel M. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-15769-03, N-15770-03, N-15771-03)
| SCHEDULING ORDER |
Appeal by Leonel M. from an order of the Family Court, Kings County, dated May 6, 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 of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M26259
M/nal
|
2004-10611 In the Matter of Luis Felipe Martinez, appellant, v Leslie Torres, respondent. (Docket No. F-01193/95)
| SCHEDULING ORDER |
Appeal by Luis Felipe Martinez from an order of the Family Court, Kings County, dated November 17, 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 June 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26265
CF/
|
2005-00308 In the Matter of Penelope J. Morris, respondent, v Byagi Ceesay, etc., appellant. (Docket No. F-10685-04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Westchester County, dated December 6, 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
M26181
M/nal
|
2005-05012 In the Matter of Anthony Gus Matthew Perez, appellant, v Eva Marie Montanez, respondent. (Docket Nos. V-20652-01, V-20653-01, V-24740-01, V-24741-01)
| SCHEDULING ORDER |
Appeal by Anthony Gus Matthew Perez from an order of the Family Court, Kings County, dated May 16, 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M26253
M/nal
|
2004-04632 In the Matter of Michael D. D. S. (Anonymous). Kevin W. (Anonymous), appellant. (File No. 43754)
| SCHEDULING ORDER |
Appeal by Kevin W. from an order of the Surrogate's Court, Nassau County, dated April 26, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 18, 2005, and the law guardian's brief was served and filed on May 10, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until June 20, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26223
PL/sl
|
2004-06347
In the Matter of Stop & Shop Supermarket Companies, appellant, v Office of Consumer Affairs of the County of Nassau, et al., respondents.
(Index No. 18440/03)
| 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 an appeal from a judgment of the Supreme Court, Nassau County, dated.
ORDERED that the application is granted and the reply brief shall be served and filed on or before June 27, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26251
M/nal
|
2004-10187 In the Matter of Jaileen T. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Gail T. (Anonymous), respondent-respondent; Legal Aid Society of Suffolk County, nonparty-appellant. (Docket No. N-12506-03)
| SCHEDULING ORDER |
Appeal by law guardian from an order of the Family Court, Suffolk County, dated October 18, 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 July 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26187
M/nal
|
2005-05200 In the Matter of Jason Tavarez, respondent, v Samantha Musse, appellant. (Docket No. V-20414-01)
| SCHEDULING ORDER |
Appeal by Samantha Musse from an order of the Family Court, Kings 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M26168
M/nal
|
2005-05194 In the Matter of Donna Terjesen, respondent, v Andrew Terjesen, appellant. (Docket No. F-1304-01)
| SCHEDULING ORDER |
Appeal by Andrew Terjesen from an order of the Family Court, Richmond County, dated May 6, 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M26261
M/nal
|
2005-02080, 2005-02082
In the Matter of Mary Tolkan, respondent, v James Morin, appellant. (Docket No. F-2358/00 )
| ORDER TO SHOW CAUSE |
Appeals by James Morin from two orders of the Family Court, Queens County, both dated January 31, 2005. By decision and order on motion of this court dated April 20, 2005 the appellant was granted leave to renew a motion for leave to prosecute the appeals as a poor person on or before May 23, 2005. 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 appeals 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 June 27, 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
M26264
Y/sl
HOWARD MILLER, J.P.
SONDRA MILLER
DAVID S. RITTER
DANIEL F. LUCIANO, JJ.
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2004-05595, 2004-09378 In the Matter of Sambasiva Rao Venigalla, et al., respondents, v Alaappa Alagappan, et al., appellants. (Index No. 15676/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from two orders of the Supreme Court, Queens County, dated June 10, 2004, and September 13, 2004, respectively, inter alia, for leave to reargue that branch of the respondents' prior motion, which was to strike Point IV of the appellants' brief on appeal, which was determined by decision and order on motion of this court dated April 25, 2005, or, in the alternative, to direct the appellants to serve and file a supplemental record containing certain documents, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to reargue is denied, without prejudice to the respondents arguing in their brief on appeal that the issues raised in Point IV of the appellants' brief refer to matter dehors the record or appellate review of those issues is precluded based on a prior order of the Supreme Court, Queens County; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted; the respondents' time to serve and file a brief is enlarged until July 14, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., S. MILLER, RITTER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26184
M/nal
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2005-05327 In the Matter of Willie W. (Anonymous), appellant. (Docket No. D-6439-05)
| SCHEDULING ORDER |
Appeal by Willie W. from an order of the Family Court, Queens County, dated May 31, 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M26178
M/nal
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2005-05075, 2005-05080 In the Matter of Charlotte M. Wilcenski, respondent, Kenneth H. Payne III, appellant. (Docket No. O-18778-04)
| SCHEDULING ORDER |
Appeals by Kenneth H. Payne III from two orders of the Family Court, Suffolk County, dated April 20, 2005 and April 21, 2005, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), 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 appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M26258
PL/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
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2004-05782 The People, etc., respondent, v Eric Brooks, appellant. (Ind. No. 2860-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
On the court's own motion, it is
ORDERED that its decision and order dated June 7, 2005, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered May 12, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on September 15, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
Upon the papers filed in support of the motion and the papers fled in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that on the court's own motion, the excessive sentence application that was filed by assigned counsel is stricken; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
William R. Weiselberg, Esq.
196 Stanley Drive
Centereach, New York 11729
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy if the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.
S. MILLER, J.P., LUCIANO, CRANE, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 R 2005
Cape Vincent Corr. Fac.
Box 739
Cape Vincent, New York 13618
Appellate Division: Second Judicial Department
M26224
PL/sl
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2004-00819
The People, etc., respondent, v Ronald C. Elten, appellant.
(Ind. No. 1704/02)
| 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 a judgment of the County Court, Suffolk County, rendered January 14, 2004.
ORDERED that the application is granted and the reply brief submitted to the Clerk of this court on June 6, 2005, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26278
Y/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2005-02908 The People, etc., respondent, v Joshua Torres, appellant. (Ind. No. 170/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal for a judgment of the Supreme Court, Westchester County, rendered February 3, 2005, as a poor person. By order to show cause dated May 11, 2005, the appellant was 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 on the ground that the notice of appeal was untimely, and the appellant had not sought leave to file a late notice of appeal. Application by the appellant pro se, in effect, pursuant to CPL 460.30 to extend his time to take the appeal.
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the application to extend time to take the appeal is denied; and it is further,
ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30); and it is further,
ORDERED that the motion for poor person relief is denied as academic.
H. MILLER, J.P., RITTER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26238
C/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
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2005-01255 The People, etc., ex rel. James Burgess, petitioner, v William E. Phillips, etc., respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to reargue a motion pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person, which was denied by decision and order on motion of this court dated February 23, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the petitioner's time to perfect the proceeding is enlarged until September 8, 2005.
ADAMS, J.P., KRAUSMAN, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court