Appellate Division: Second Judicial Department
M26611
CF/
|
2005-02966 Victoria Albert, et al., respondents, v Paul M. Doherty, et al., appellants. (Index No. 1525/04)
| 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 March 10, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M26584
CF/
|
2005-00122 Samuel Amachee, respondent, v John Ram Mohammed, et al., appellants. (Index No. 35736/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 29, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M26592
CF/
|
2004-11220 Gail Baldante, appellant-respondent, v John Baldante, respondent-appellant. (Index No. 27870/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 9, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M26607
CF/
|
2005-02064 John R. Brady, plaintiff-respondent, v Kapson Senior Quarters Corp., defendant, Tomco Painting & Contracting, Inc., appellant (and a third-party action). (Index No. 10475/098)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, entered January 18, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M26615
CF/
|
2005-01009 Philip Brisard, appellant, v North Shore Infinity, Inc., et al., respondents. (Index No. 1440/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated April 15, 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
M26579
Y/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
DAVID S. RITTER
REINALDO E. RIVERA, JJ.
|
2005-01922 Stacie Calian, appellant, v Eric Calian, respondent. (Index No. 4982/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, dated January 27, 2005, inter alia, to direct the appellant to properly settle the transcript 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 motion is granted to the extent that on or before August 1, 2005, the appellant shall properly settle the transcript in accordance with CPLR 5525 and file a supplemental record containing any corrections to the transcript, if necessary; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until September 1, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., H. MILLER, RITTER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26621
J/sl
|
2004-11013 Miriam Chajet, appellant, v Jacob Bronner, et al., respondents. (Index No. 27103/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 3, 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
Appellate Division: Second Judicial Department
M26612
CF/
|
2005-03227 Gloria Charles, et al., appellants-respondents, v Najma Ahmed, etc., respondent-appellant, Dean Chasky, et al., respondents. (Index No. 23537/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 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
M26622
S/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-05758, 2004-05759, 2005-00100 Chateau Rive Corporation, respondent-appellant, v Enclave Development Associates, appellant- respondent. (Index No. 18807/93)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on appeals and cross appeals from an order and judgment (one paper) of the Supreme Court, Westchester County, dated June 8, 2004, and two orders of the same court dated February 10, 2003, and June 16, 2004, respectively, to strike Points I, II, III, and IV of the respondent-appellant's reply brief on the ground that those points constitute a sur-reply to the appellant-respondent's reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., SANTUCCI, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26639
C/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2005-02020 Roseann Clark, respondent, v Joseph Clark, appellant. (Index No. 4734/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Rockland County, dated February 23, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by the respondent, inter alia, to dismiss the appeal on the ground that the appellant failed to perfect the appeal in accordance with a decision and order on motion of this court dated March 23, 2005.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal from the order dated February 23, 2005, is deemed to be an application for leave to appeal from that order, and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is granted; and it is further,
ORDERED that the cross motion is denied; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until July 25, 2005.
H. MILLER, J.P., SANTUCCI, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26645
S/sl
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2004-01226 Estate of Cora Barnes, etc., appellant, v Lawrence Nursing Care Center, Inc., defendant- respondent; New York City Department of Social Services, nonparty-respondent. (Index No. 15675/02)
| DECISION & ORDER ON MOTION |
The plaintiff having appealed to this court from an order of the Supreme Court, Kings County, dated November 10, 2003, having perfected the appeal on September 1, 2004, and the respondents having filed briefs on October 5, 2004, and November 10, 2004, respectively, and reply briefs having been filed on October 26, 2004, and December 3, 2004, respectively, the appeal was placed on this court's calendar for February 10, 2005. On the morning of February 10, 2005, the appellant's attorney advised this court by telephone that the appeal would be withdrawn because after a review of the file the appellant's attorney concluded that an adverse ruling by this court in determining the appeal could affect other cases pending before the Supreme Court. Thereafter, on March 7, 2005, the appellant submitted a stipulation to withdraw the appeal signed only by its attorney claiming that the nonparty-respondent refused to sign the stipulation. The appellant was advised that, absent a fully executed stipulation, a motion on notice to the respondents would be required to withdraw the appeal.
By order to show cause dated May 13, 2005, the appellant and it's counsel, Sander, Sanders, Block, Woycik, Viener, & Grossman, P.C., were directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against them pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate.
Now, on the court's own motion and the papers filed in opposition thereto, it is
ORDERED that within 20 days after service upon it of a copy of this decision and order on motion, Sander, Sanders, Block, Woycik, Viener, & Grossman, P.C., counsel for the appellant, is directed to pay a sanction in the sum of $2500 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]); and it is further,
ORDERED that the Clerk of the Supreme Court, Kings County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail.
Section 670.2(g) of the rules of this court provides, in relevant part, that " if any cause should not be calendared because of bankruptcy * * * or for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g][emphasis added]).
Under the circumstances, the failure of counsel for the appellant to promptly advise this court that the appeal should not be calendared warrants imposition of sanctions in the amount indicated.
FLORIO, J.P., SANTUCCI, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26605
CF/
|
2004-08697 Lois Evanter, et al., respondents, v Town of Brookhaven, appellant. (Index No. 21203/01)
| 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 July 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
M26655
J/sl
|
2005-02008
Lizzette Figueroa, plaintiff-respondent, v City of New York, defendant-respondent, Keyspan Energy Delivery, appellant, et al., defendant. (Index No. 10346/01)
| ORDER ON APPLICATION |
Joint application by the appellant and the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time of the plaintiff-respondent to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated January 27, 2005, and to enlarge the time of the appellant to serve and file its reply brief.
ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until July 27, 2005, and the plaintiff-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's time to serve and filed its reply brief is enlarged, and the reply brief must be served and filed on or before August 26, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26582
M/nal
GABRIEL M. KRAUSMAN, J.P.
ROBERT A. SPOLZINO
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-00740 Anthony Formosa, respondent, v Karen Tina Litt, appellant. (Index No. 15171/02)
| SCHEDULING ORDER |
Appeal by Karen Tina Litt from an order of the Supreme Court, Nassau County, dated January 13, 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 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 August 22, 2005; and it is further,
ORDERED that no further enlargement of time shall be granted.
KRAUSMAN, J.P., SPOLZINO, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26606
CF/
|
2005-01647 Margaret Fox, et al., appellants, v McDonald's Restaurant of New York, Inc., et al., respondents. (Index No. 3222/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 10, 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
M26610
O/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2005-04832 Matthew Franco, plaintiff, v Deneen Franco, defendant. (Index No. 28824/04)
| DECISION & ORDER ON MOTION |
Motion by the defendant, inter alia, for leave to appeal to this court from a transcript of the Supreme Court, Suffolk County, dated May 12, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,
ORDERED that the motion is otherwise denied as academic.
ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26587
CF/
|
2005-05183 Sandra Gilbert, respondent, v Alex A. Jason, et al., appellants. (Index No. 15893/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 30, 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
M26617
O/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2005-04075 Peggy Grant, appellant, v County of Nassau, et al., respondents. (Index No. 10566/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enjoin the Clerk of the Supreme Court, Nassau County, from dismissing the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated March 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.
S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26631
E/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
DAVID S. RITTER
REINALDO E. RIVERA, JJ.
|
2005-05286 Rosalia Greenfield, respondent, v Chaim Greenfield, appellant.
(Index No. 11792/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated May 25, 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.
FLORIO, J.P., H. MILLER, RITTER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26608
CF/
|
2004-09853 Jennifer Keshecki, respondent, v St. Vincent's Medical Center, defendant, Women's Health Care Specialists, P.C., et al., appellants. (Index No. 11887/01)
| 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 24, 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
M26649
J/sl
|
2005-00228
Raphael Marin, respondent, v Levin Properties, LP, et al., appellants.
(Index No. 6124/02)
| ORDER ON APPLICATION |
Application by the appellants 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, Kings County, dated December 15, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before June 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26672
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2003-08359, 2004-02753
Kevin McDonagh, etc., et al., respondents, v Richard McDonagh, et al., appellants. (Index No. 20182/02)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants for leave to withdraw appeals from two orders of the Supreme Court, Queens County, dated August 12, 2003, and February 23, 2004, respectively.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26636
Y/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-08741 NC Venture I, LP, appellant, v Complete Analysis, Inc., et al., defendants, Joseph E. Fiegoli, et al., respondents. (Index No. 7179/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered April 25, 2004, to strike portions of the respondents' brief on the ground they refer to matters dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26586
C/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
DAVID S. RITTER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-01861 New York Hospital Medical Center of Queens, a/a/o David McNeal, et al., appellants, v Clarendon National Insurance Company, respondent. (Index No. 8254/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, dated February 10, 2004, to strike pages 75 through 151 of the record on appeal and pages 12 through 14 of the respondent's brief on the ground they contain or refer to matters dehors the record.
Upon the papers filed in support of the motion and the papers file in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., SCHMIDT, RITTER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26595
O/sl
A. GAIL PRUDENTI, P.J.
BARRY A. COZIER
FRED T. SANTUCCI
ROBERT A. LIFSON, JJ.
|
2004-10049 Ion Oltean, respondent, v Maria Oltean, appellant. (Index No. 3263/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, dated September 23, 2004, as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that those branches of the motion which are for a copy of the transcript without charge, to waive payment of the filing fee, and for assignment of counsel are 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 by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until August 1, 2005.
PRUDENTI, P.J., COZIER, SANTUCCI and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26625
R/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
DAVID S. RITTER
REINALDO E. RIVERA, JJ.
|
2005-04538 Perini Corporation, respondent, v WDF, Inc., et al., appellants, et al, defendants (and a third-party action). (Index No. 12987/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Westchester County, dated March 21, 2005, to stay all proceedings in the above-entitled action and an action entitled Heritage Mandell Mechanical Services, Inc. v WDF, Inc., pending in the Supreme Court, New York County, under Index No. 602928/04, 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., H. MILLER, RITTER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26628
S/sl
|
2005-02677 George Politis, respondent, v Terex Corporation, et al., appellants. (Index No. 48728/97)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 29, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 20, 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
M26644
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-06572 Public Administrator of Kings County, etc., respondent, v Sarafino Tomassetti, et al., appellants, et al., defendant. (Index No. 41660/95)
| DECISION & ORDER ON MOTION |
The defendants Sarafino Tomassetti and Maria Tomassetti having appealed to this court from an amended judgment of the Supreme Court, Kings County, dated June 19, 2003, having perfected the appeal on June 4, 2004, and the respondent having filed a brief on August 3, 2004, the appeal was placed on this court's calendar for April 18, 2005. By letter dated April 6, 2005, the respondent's counsel advised this court that the action had been settled. Thereafter, upon inquiry from the court, by letter dated April 11, 2005, the appellants' counsel requested leave to withdraw the appeal. Attached thereto was a letter from the respondent's counsel, also dated April 11, 2005, stating that the respondent had been paid in September 2004 and considered the matter resolved in full. A satisfaction of judgment dated April 11, 2005, was also submitted.
By order to show cause dated April 27, 2005, the parties and their counsel were directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against them pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate.
Now, on the court's own motion and the papers filed in opposition thereto, it is
ORDERED that the reply affirmations submitted by counsel for the plaintiffs are rejected and have not been considered in the determination of the motion; and it is further,
ORDERED that within 20 days after the service upon them of a copy of this decision and order on motion, Mirman, Markovits & Landau, P.C., counsel for the appellants, and Thomas Torto, Esq., appellate counsel for the plaintiff, are each directed to pay a sanction in the sum of $500 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]); and it is further,
ORDERED that the Clerk of the Supreme Court, Kings County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail.
Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).
Under the circumstances the failure of both counsel for the appellants and appellate counsel for the plaintiff to promptly advise this court that the action had been settled warrants imposition of sanctions in the amount indicated.
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26659
S/sl
|
2004-09185
James A. Puppa, respondent, v City of New York, defendant, New York City Housing Authority, appellant. (Index No. 17409/95)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated August 11, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 9, 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
M26604
CF/
|
2004-09988 Parvaneh Sadeghi, et al., respondents, v Hartford Insurance Group, et al., appellants. (Index No. 17673/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26598
CF/
|
2005-02455 Frances Sanders, et al., respondents, v April K. Latson, et al., appellants. (Index No. 5484/02)
| 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 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
M26600
CF/
|
2005-00843 Shi Ke Fu, appellant, v Christina Gerstenberg, et al., respondents. (Index No. 2140/03)
| 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 December 13, 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
M26657
S/sl
|
2004-06914 Pearl Shifer, respondent, v David Shifer, appellant. (Index No. 28899/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated July 27, 2004, and to enlarge the appellant's time to serve and file a reply brief.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 29, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the reply brief shall be served and filed on or before August 29, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26619
J/sl
|
2004-10843
Jaswir Singh, respondent, v New York City Transit Authority, et al., appellants. (Index No. 49135/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 10, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 8, 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
M26596
CF/
|
2005-02558 Joseph R. Spina, et al., appellants, v Lillian R. Urbanski, respondent. (Index No. 3417/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated February 10, 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
M26597
C/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-04572, 2004-07588 Rubin Sterngass, appellant, v Harry Soffer, et al., respondents. (Index No. 958/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, to recall and vacate a decision and order on motion of this court dated December 27, 2004, which dismissed an appeal from a judgment of the Supreme Court, Rockland County, dated March 3, 2004, to reinstate the appeal, and to consolidate the appeal with an appeal from an order of the same court dated July 20, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26601
CF/
|
2005-02205 John Torniali, Jr., et al., respondents, v Andron Construction Corp., etc., et al., appellants (and a third-party action). (Index No. 10128/03)
| 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 August 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
M26626
S/sl
|
2005-00249 Kenneth Walters, appellant, v George Nicklin, et al., respondents. (Index No. 11503/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated November 30, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 18, 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
M26594
CF/
|
2004-08658 Max R. Weiss, appellant, v Gates at Bagatelle, LLC, et al., respondents. (Index No. 2268/01)
| 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 August 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26599
CF/
|
2005-02457 Ying Liu, et al., appellants, v New Charlie Tseng Corp., et al., respondents. (Index No. 16096/03)
| 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 January 25, 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
M26633
S/sl
|
2005-00040 Gamil F. Youssef, et al., respondents, v Triborough Bridge and Tunnel Authority, appellant, et al., defendant. (Index No. 11029/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated November 5, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 12, 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
M26658
O/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-08736 In the Matter of Christopher Browne, petitioner, v County of Dutchess, et al., respondents. (Index No. 2947/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner to resettle a decision and judgment of this court dated March 14, 2005, which determined a proceeding pursuant to CPLR article 78 to review a determination of the respondent Adrian H. Anderson, as Sheriff of the County of Dutchess, dated February 19, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26654
J/sl
|
2004-03293
In the Matter of Crescent Contracting Corp., appellant, v Metropolitan Transportation Authority, et al., respondents. (Index No. 28715/03)
| ORDER ON APPLICATION |
Joint application by the appellant and the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time of the respondents to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 26, 2004, and to enlarge the time of the appellant to serve and file a reply brief.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 12, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged, and the reply brief must be served and filed on or before August 12, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26589
CF/
|
2005-03783 In the Matter of Esther G. (Anonymous). Administration for Children's Services, respondent; Rivka G. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Schmuel G. (Anonymous). Administration for Children's Services, respondent; Rivka G. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-1132/02, N-1133/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated February 25, 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
M26583
CF/
|
2005-03726 In the Matter of Queens West Development Corporation, petitioner-respondent, v Hunters Point (Queens West) Waterfront Development Land Use, respondent, Pamela Rankin Smith, et al., appellants. (Index No. 15277/98)
| 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 February 23, 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
M26641
C/sl
ANITA R. FLORIO, J.P. GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2005-00181 In the Matter of Nina R. (Anonymous). Administration for Children's Services, et al., respondents; Frances R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Gina R. (Anonymous). Administration for Children's Services, et al., respondents; Frances R. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-15876/01, B-15877/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent New York Foundling Hospital to dismiss an appeal from an order of the Family Court, Queens County, dated December 6, 2004, on the ground that the appellant failed to move to renew her motion for the assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person by April 29, 2005, as directed by decision and order on motion of this court dated March 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 granted and the appeal is dismissed, without costs of disbursements.
FLORIO, J.P., KRAUSMAN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26585
M/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2005-03043
In the Matter of Mary C. Reilly, respondent, v Michael K. Torrie, appellant. (Docket No. F-00036/96)
| DECISION & ORDER ON MOTION |
Appeal by Michael K. Torrie from an order of the Family Court, Nassau County, dated February 16, 2005. By order to show cause dated May 13, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated April 6, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until August 22, 2005.
FLORIO, J.P., KRAUSMAN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26642
C/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2005-01365, 2005-01366 In the Matter of William V. (Anonymous). Humbert V. (Anonymous), et al., appellants; Administration for Children's Services, respondent. (Docket Nos. N-11340/99, N-11341/99, N-15998/00)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant Ana C. in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Queens County, dated October 24, 2001, and January 6, 2005, respectively, and to grant the appellants leave to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel assigned to represent the appellant in the Family Court, Queens County, is granted, and counsel assigned by the Family Court is relieved from representing the appellants on the appeals; and it is further,
ORDERED that counsel shall serve a copy of this decision and order on motion upon the appellant Ana C. on or before July 5, 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 Ana C. on the appeals and to grant leave to the appellant Ana C. to prosecute the appeals as a poor person are denied, with leave to renew on or before July 27, 2005, upon the submission of proper papers establishing that the appellant Ana C. is entitled to poor person relief and indicating that the appellant Ana C. is interested in pursuing the appeals.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26664
S/sl
|
2004-08476
In the Matter of Frances Ventura, deceased. Salvatore Ventura, appellant; Rosalie Motta, et al., respondents. (File No. 38-02)
| ORDER ON APPLICATION |
Application by the respondent Nicholas Ventura 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 Surrogate's Court, Westchester County, dated September 2, 2004.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until June 30, 2005, and the movant'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
M26590
C/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
DAVID S. RITTER
REINALDO E. RIVERA, JJ.
|
2005-00375 In the Matter of Westchester County Department of Social Services, o/b/o Ann Puff, respondent, v Vincent R. Scafidi, appellant. (Docket No. F-271-97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue those branches of his motion which were for assignment of new counsel to represent the appellant on an appeal from an order of the Family Court, Westchester County, dated December 13, 2004, and leave to prosecute the appeal as a poor person, which were denied by decision and order on motion of this court dated April 7, 2005.
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 appeal is dismissed, as it has been rendered academic by an order of the Family Court, Westchester County, dated February 28, 2005; and it is further,
ORDERED that the motion is denied as academic.
FLORIO, J.P., H. MILLER, RITTER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26634
R/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2005-00186 In the Matter of Douglas Z. Winokur, appellant, v Jill Winokur, respondent. (Docket No. F-00231-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Westchester County, entered November 24, 2004, in effect, to amend so much of a decision and order on motion of this court dated March 17, 2005, as conditioned a stay and other relief upon its perfection of the appeal on or before May 16, 2005.
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 decision and order on motion of this court dated March 17, 2005, is amended by deleting from the decretal paragraphs thereof the date "May 16, 2005," and substituting therefor the date "August 1, 2005."
ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26624
O/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2005-01172 In the Matter of Er-Mei Y. (Anonymous). Administration for Children's Services, respondent; Guo J. Y. (Anonymous), appellant. (Docket No. N-09952-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Family Court, Queens County, dated December 23, 2004, and to enlarge the record on appeal to include a transcript dated May 9, 2005.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal 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 until July 15, 2005; and it is further,
ORDERED that the motion is otherwise denied.
S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26637
C/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2004-01452 The People, etc., respondent, v David Asghari, appellant. (Ind. No. 1033-03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Suffolk County, rendered January 20, 2004. Cross motion by appellant for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the cross motion is denied, with leave to renew on or before July 22, 2005, upon an affidavit explaining the source and amount of funds paid to retained counsel; and it is further,
ORDERED that the motion to dismiss the appeal is granted unless on or before July 22, 2005, the appellant renews the motion for poor person relief and the assignment of counsel.
S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26648
A/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
DAVID S. RITTER
REINALDO E. RIVERA, JJ.
|
2003-10074 The People, etc., respondent, v Willie Bailey, appellant. (Ind. No. 63679)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from so much of an order of the County Court, Nassau County, dated October 10, 2003, as denied that branch of his motion which was made pursuant to CPL 440.30(1-a). By Order To Show Cause dated May 4, 2005, the defendant was directed to show cause why an order should or should not be entered dismissing the appeal on the ground that he has abandoned the appeal.
Now, on the court's own motion and upon the papers filed in response to the order to show cause, it is
ORDERED that the motion to dismiss the appeal is granted unless on or before August 23, 2005, the appellant either (1) perfects the appeal, (2) retains counsel to perfect the appeal and notifies this court of the name and address of retained counsel, or (3) moves for leave to prosecute the appeal as a poor person and for the assignment of counsel to prosecute the appeal.
FLORIO, J.P., H. MILLER, RITTER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26656
A/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-04350 The People, etc., respondent, v Glenn Brooks, appellant. (Ind. No. 870/02)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from an order of the County Court, Suffolk County, dated February 1, 2005. By order to show cause dated May 11, 2005, this court directed the appellant to show cause why an order should or should not be made and entered dismissing the appeal on the ground that the order dated February 1, 2005, is not appealable by right or by permission (see CPL 450.10, 450.15).
On the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed on the ground that the order dated February 1, 2005, is not appealable by right or by permission (see CPL 450.10, 450.15).
COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26660
A/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2002-11008 The People, etc., respondent, v Christopher Daley, a/k/a Carl Henry, appellant. (Ind. No. 01-01036)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Westchester County, rendered November 21, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before August 22, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26609
C/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2000-03919 The People, etc., respondent, v Richard Timmons, appellant. (Ind. No. 2220/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, rendered April 4, 2000, and to be provided with certain documents.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, 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 the court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until August 22, 2005; and it is further,
ORDERED that the branch of the motion which is to be provided with certain documents is granted to the extent that the Clerk of this court shall provide the appellant pro se with a copy of Queens County Indictment No. 2220/97, filed July 30, 1997, and that branch of the motion is otherwise denied, as the document requested is unavailable.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26603
C/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-01031 The People, etc., respondent, v Mark C. Weekes, appellant. (Ind. No. 00-00218)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to file as exhibits to his supplemental pro se brief the transcripts of the minutes of his plea proceedings on an appeal from an order of the County Court, Orange County, dated December 31, 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 on the court's own motion, the time of the appellant pro se to serve and file his supplemental pro se brief and the exhibits is enlarged until September 1, 2005.
SANTUCCI, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court