Appellate Division: Second Judicial Department
M26661
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2004-07841
George Bisnoff, appellant, v Pammi Lazarus Bisnoff, respondent. (Index No. 20584/00)
| 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 August 11, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 19, 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
M26666
O/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
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2003-04585, 2003-04595 Michael Carella, et al., plaintiffs, v Reilly & Associates, et al., defendants third-party and second third-party plaintiffs-respondents; Italiano Brothers Drywall and Stucco, Inc., third-party defendant-appellant; Integrated Exteriors, Inc., second third-party defendant-appellant. (Index No. 18188/99)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue appeals from two orders of the Supreme Court, Nassau County, entered April 7, 2003, and April 9, 2003, respectively, which were determined by decision and order of this court dated April 5, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
H. MILLER, J.P., ADAMS, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26680
CF/
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2004-11040 Saquina Crawford, respondent, v New York City Housing Authority, appellant (and a third-party action). (Index No. 48087/01)
| 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 October 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M26687
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2005-00457 Juan Ray Cruz, respondent, v Seven Park Avenue Corporation, appellant, et al., defendants. (Index No. 24917/99)
| 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 November 5, 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
M26663
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2004-09034
Laurie Lyke D'Ambrosio, appellant, v Philip D'Ambrosio, respondent. (Index No. 202328/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 13, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 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
M26652
J/sl
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2004-09290
Samuel Friedler, et al., respondents, v Vassiliki Palyompis, et al., defendants, Coldwell Banker Real Estate Corporation, s/h/a Coldwell Banker, Inc., appellant. (Index No. 22821/01)
| ORDER ON APPLICATION |
Application by the respondents 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 September 8, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 16, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26667
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2004-09282
Arlene Hoilett, respondent, v Baron Daewoo, Inc., et al., appellants. (Index No. 3599/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 8, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 12, 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
M26710
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ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
FRED T. SANTUCCI
PETER B. SKELOS, JJ.
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2005-05343 Linda Kornblum, respondent, v Michael Kornblum, defendant; Andrew Brilliant, nonparty-appellant. (Index No. 19104/02)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to stay enforcement of an order of the Supreme Court, Westchester County, dated May 9, 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.
SCHMIDT, J.P., S. MILLER, SANTUCCI and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26285
Y/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2005-05085 Malankara Archdiocese of the Syrian Orthodox Church in North Americas, et al., respondents, v Mathew Thomas, etc., et al., appellants. (Index No. 1579/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order and judgment (one paper) of the Supreme Court, Rockland County, dated May 18, 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 granted and enforcement of the order and judgment dated May 18, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 18, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 18, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that pending hearing and determination of the appeal, the property of St. Mary's Malankara Syrian Orthodox Church of Rockland, located at 4 Tompkins Lane, West Nyack, N.Y. 10994, shall be shared by both the appellants and the respondents as follows: the respondents shall have the use of the Church every other Saturday, from 8:00 AM to 10:00 PM, and the respondents shall have the use of the Church every Sunday, from 8:00 AM to 1:00 PM, commencing immediately.
H. MILLER, J.P., RITTER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26662
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2004-09563 Stanley C. Matusewicz, appellant, v Nine M. Prysock, respondent. (Index No. 10797/99)
| 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 August 27, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 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
M26689
Y/sl
DANIEL F. LUCIANO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
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2004-00965 Chris McAuley, respondent, v Purlie Trans Corp., et al., appellants. (Index No. 15742/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated December 30, 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; and it is further,
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]) and the decision and order of this court dated January 19, 2005.
LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26646
A/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
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2004-08838 Vincent Nichilo, et al., respondents-appellants, v B.F.N. Realty Associates, Inc., et al., appellants-respondents, et al., defendant.
(Index No. 37298/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an amended order of the Supreme Court, Kings County, dated July 26, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
S. MILLER, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26665
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2004-09179
Maureen O'Donnell, respondent-appellant, v John H. O'Donnell, Jr., appellant-respondent. (Index No. 13797/04)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated September 30, 2004.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until August 15, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26692
Y/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2005-04335 Debra C. Paciello, etc., respondent, v Louis Anthony Graffeo, et al., appellant. (Index No. 42295/00)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated March 31, 2005, on the ground that it was untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26684
CF/
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2005-01133 Avi Schwager, et al., respondents, v Yasmine B. Tetenbaum, et al., appellants. (Index No. 3910/04)
| 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 December 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
M26679
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2004-04251 William C. Teleisha, respondent-appellant, v State Farm Mutual Automobile Insurance Company, appellant-respondent. (Index No. 37717/95)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Nassau County, dated September 23, 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26683
Y/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
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2004-09309 Town of Putnam Valley, respondent, v Pierre Cornu, et al., appellants. (Index No. 544/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants pro se on an appeal from an order of the Supreme Court, Putnam County, dated September 24, 2004, inter alia, in effect, to amend so much of a decision and order on motion of this court dated January 6, 2005, as amended March 18, 2005, as conditioned a stay upon their perfection of the appeal on or before May 23, 2005, for an enlargement of time to perfect the appeal, and for leave to prosecute the appeal as poor persons.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal 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; and it is further,
ORDERED that the branch of the motion which is, in effect, to amend so much of the decision and order on motion of this court dated January 6, 2005, as amended March 18, 2005, as conditioned a stay upon their perfection of the appeal on or before May 23, 2005, is granted; and it is further,
ORDERED that the decision and order on motion of this court dated January 6, 2005, as amended March 18, 2005, is amended by deleting from the decretal paragraphs thereof the date "May 23, 2005," and substituting therefor the date "August 8, 2005"; and it is further,
ORDERED that no further extensions of time will be granted; and it is further,
ORDERED that the motion is otherwise denied.
KRAUSMAN, J.P., MASTRO, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26640
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THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
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2005-03157
In the Matter of Aidan A. (Anonymous). Orange County Department of Social Services, petitioner-respondent; David A. (Anonymous), appellant; Colleen T. (Anonymous), respondent-respondent. (Proceeding No. 1) In the Matter of David A. (Anonymous). Orange County Department of Social Services, petitioner-respondent; David A. (Anonymous), appellant; Colleen T. (Anonymous), respondent-respondent. (Proceeding No. 2) (Docket Nos. N-3902-04, N-3903-04)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by counsel assigned to represent the respondent Colleen T. in a proceeding before the Family Court, Orange County, to be relieved, to grant the respondent Colleen T. leave to defend an appeal from an order of disposition of the Family Court, Orange County, dated March 23, 2005, as a poor person, and for the assignment of new counsel to defend the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel assigned to represent the respondent Colleen T. in the Family Court, Orange County, is granted, and counsel assigned by the Family Court is relieved from representing the respondent Colleen T. on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the respondent Colleen T. 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 leave to defend the appeal as a poor person and the assignment of new counsel to represent the respondent Colleen T. on the appeal are denied, with leave to renew on or before July 27, 2005, upon the submission of proper papers establishing that the respondent Colleen T. is entitled to poor person relief and indicating that the respondent Colleen T. is interested in defending the appeal.
ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26630
M/nal
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2004-10937 In the Matter of Ismaeel A. (Anonymous), appellant. (Docket No. D-10235/04)
| SCHEDULING ORDER |
Appeal by Ismaeel A. from an order of the Family Court, Queens County, dated November 8, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by 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 8, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26540
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
SONDRA MILLER, JJ.
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1994-04717
In the Matter of Andrew L. Aaron, admitted as Andrew Lewis Aaron, a disbarred attorney. (Attorney Registration No. 2091106)
| DECISION & ORDER ON APPLICATION FOR REINSTATEMENT |
Application by the respondent, Andrew L. Aaron, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated December 27, 1994, he was disbarred. By decision and order on application dated October 31, 2002, the respondent's application for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness for investigation and report on the respondent's current fitness to be an attorney, including, but not limited to, the submission of letters from his post-disbarment employers or the reason for their absence, and proof that he has made whole the complainant in the underlying matter which led to his disbarment and the recipient of a returned escrow check. By decision and order on application of this court dated July 2, 2004, the respondent's application was continued to be held in abeyance, and the matter referred back to the Committee on Character and Fitness for the information requested in the Court's prior order of reference. The respondent was admitted to the Bar on January 14, 1987, at a term of the Appellate Division of the Supreme Court in the Second Judicial Department, under the name Andrew Lewis Aaron.
Upon the report of the Committee on Character and Fitness, it is
ORDERED that the motion is granted; and it is further,
ORDERED that, effective immediately, the respondent Andrew L. Aaron, admitted as Andrew Lewis Aaron, is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Andrew L. Aaron, admitted as Andrew Lewis Aaron, to the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and S. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26572
M/nal
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2005-05507 In the Matter of Kammi C. (Anonymous). Suffolk County Department of Social Services, respondent; Wanda C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Latyisha C. (Anonymous). Suffolk County Department of Social Services, respondent; Wanda C. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Tasheem C. (Anonymous). Suffolk County Department of Social Services, respondent; Wanda C. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Justine C. (Anonymous). Suffolk County Department of Social Services, respondent; Wanda C. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Justice C. (Anonymous). Suffolk County Department of Social Services, respondent; Wanda C. (Anonymous), appellant. (Proceeding No. 5) (Docket Nos. N-1158-04, N-1164-04, N-1165-04, N-1166-04, N-1169-04,)
| SCHEDULING ORDER |
Appeal by Wanda C. from an order of the Family Court, Suffolk County, dated May 24, 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
M26591
M/nal
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2004-10591, 2004-10592, 2004-10593, 2004-10595 In the Matter of Michael C. (Anonymous). Administration for Children's Services, et al., respondents; Linda D. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-17647/03) In the Matter of Claudia Michele D. (Anonymous). Administration for Children's Services, et al., respondents; Linda D. (Anonymous), appellant. (Proceeding No. 2)
(Docket No. B-17648/03) In the Matter of Nadine Rachel D. (Anonymous). Administration for Children's Services, et al., respondents; Linda D. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-17649/03) In the Matter of Angelo Thomas C. (Anonymous), a/k/a Angelo C. (Anonymous). Administration for Children's Services, et al., respondents; Linda D. (Anonymous), appellant. (Proceeding No. 4) (Docket No. B-17650/03)
| SCHEDULING ORDER |
Appeals by Linda D. from four orders of the Family Court, Kings County, all dated September 22, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until July 8, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26629
M/nal
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2004-06094 In the Matter of Assane D. (Anonymous), appellant. (Docket No. D-07200/03)
| SCHEDULING ORDER |
Appeal by Assane D. from an order of the Family Court, Kings County, dated June 18, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 26, 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 July 15, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26613
M/nal
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2004-03333, 2004-03334 In the Matter of Christyn Ann D. (Anonymous). Suffolk County Department of Social Services, respondent; Howard D. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Stefanie Lynn D. (Anonymous). Suffolk County Department of Social Services, respondent; Charlotte D. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. B-17042-02, B-17045-02)
| SCHEDULING ORDER |
Separate appeals by Charlotte D. and Howard D. from two orders of the Family Court, Suffolk County, dated January 23, 2004, and March 29, 2004, respectively. The appellants' separate briefs were filed in the office of the Clerk of this court on June 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 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 appeals, 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
M26635
R/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2003-05108, 2004-11091 In the Matter of Angel Domenech, respondent, v Glenn S. Goord, etc., et al., appellants. (Index No. 15671/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from a judgment of the Supreme Court, Westchester County, dated May 28, 2002, and an amended judgment of the same court dated May 28, 2003, to vacate an automatic stay of enforcement of the judgment and amended judgment.
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 automatic stay is vacated.
S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26516
M/nal
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2005-05523 In the Matter of Yelena Gorelik, appellant, v Gennady Gorelik, respondent. (Docket No. V-16673-04)
| SCHEDULING ORDER |
Appeal by Yelena Gorelik from an order of the Family Court, Westchester 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 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
M26674
CF/
|
2004-10334 In the Matter of Jeffrey Grune, appellant, v William Mazzuca, et al., respondents. (Index No. 3368/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated October 22, 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
M26517
M/nal
|
2005-05371, 2005-05372 In the Matter of Laquan H. (Anonymous), appellant. (Docket No. E-00305-05)
| SCHEDULING ORDER |
Appeals by Laquan H. from two orders of the Family Court, Queens County, dated May 3, 2005, and May 9, 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
M26580
M/nal
|
2005-05515 In the Matter of Ronald H. (Anonymous), Jr., Administration for Children's Services, petitioner-respondent; Marva C. (Anonymous), respondent-respondent; Steven Banks, etc., nonparty-appellant. (Proceeding No. 1) In the Matter of Michael Brandon L. (Anonymous). Administration for Children's Services, petitioner-respondent; Marva C. (Anonymous), respondent-respondent; Steven Banks, etc., nonparty-appellant. (Proceeding No. 2) In the Matter of Ebony Ann H. (Anonymous). Administration for Children's Services, petitioner-respondent; Marva C. (Anonymous), respondent-respondent; Steven Banks, etc., nonparty-appellant. (Proceeding No. 3) (Docket Nos. N-04267/94, N-04268/94, N-10047/94)
| SCHEDULING ORDER |
Appeal by the law guardian from an order of the Family Court, Queens County, dated May 10, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M26691
Y/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-03710 In the Matter of Kenneth Johnson, respondent, v City of New York, et al., appellants. (Index No. 14281/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated February 25, 2005, on the ground that it was untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26571
M/nal
|
2005-05477 In the Matter of Craig Joosten, appellant, v Carol Joosten, respondent. (Docket No. V-1721/94)
| SCHEDULING ORDER |
Appeal by Craig Joosten from an order of the Family Court, Nassau County, dated May 2, 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
M26627
M/nal
|
2004-07963 In the Matter of Deborah Linksman, respondent, v Charles Linksman, appellant. (Docket No. F-5595/03)
| SCHEDULING ORDER |
Appeal by Charles Linksman from an order of the Family Court, Suffolk County, dated August 18, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 6, 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 July 13, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26515
M/nal
|
2005-05526 In the Matter of Ejoel M. (Anonymous), appellant. (Docket No. D-14070/04)
| SCHEDULING ORDER |
Appeal by Ejoel M. from an order of the Family Court, Queens County, dated May 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 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
M26616
M/nal
|
2004-06641 In the Matter of Dalessa Mc. (Anonymous), appellant. (Docket No. D-5918-04)
| SCHEDULING ORDER |
Appeal by Dalessa Mc. from an order of the Family Court, Kings County, dated July 19, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 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 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
M26690
Y/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-02201 In the Matter of Nationwide Insurance Company, petitioner-respondent, v Miguel Ortiz, respondent-respondent, Great American Contemporary Insurance Company, proposed additional respondent-appellant. (Index No. 17924/04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the petitioner-respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated December 21, 2004, on the ground that no appeal lies from an order directing a framed issue hearing. Application by the proposed additional respondent-appellant to withdraw the appeal.
Upon the papers filed in support of the motion and application and the papers filed in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26714
M/nal
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
FRED T. SANTUCCI
PETER B. SKELOS, JJ.
|
2005-01302 In the Matter of Nathalia P. (Anonymous). Administration for Children's Services, appellant; Anathalia P. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Alejandro R. (Anonymous). Administration for Children's Services, appellant; Anathalia P. (Anonymous), et al., respondents. (Proceeding No. 2) (Docket Nos. N-20644-04, N-20645-04)
| SCHEDULING ORDER |
Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated January 28, 2005. The appellant's brief was filed in the office of the Clerk of this court on March 23, 2005. The law guardian's brief was served and filed on April 19, 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 serve and file a reply brief on the appeal is enlarged until June 24, 2005; and it is further,
ORDERED that no further enlargement of time shall be granted.
SCHMIDT, J.P., S. MILLER, SANTUCCI and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26593
M/nal
|
2005-01849 In the Matter of Sabina Jessica S. (Anonymous). Suffolk County Department of Social Services, appellant; Pasquale S. (Anonymous), respondent. (Docket No. B-6501-04)
| SCHEDULING ORDER |
Appeal by the Suffolk County Department of Social Services from an order of the Family Court, Suffolk County, dated February 17, 2005. The appellant's brief was filed in the office of the Clerk of this court on June 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 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
M26588
M/nal
|
2004-07956, 2004-07957 In the Matter of Carliph T. (Anonymous), appellant. (Docket No. D-02953/04)
| SCHEDULING ORDER |
Appeals by Carliph T. from two orders of the Family Court, Richmond County, dated July 14, 2004, and August 13, 2004, respectively. 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 appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until August 22, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26623
M/nal
|
2004-03588 In the Matter of Ronald T. (Anonymous), appellant. (Docket No. D-32425-03)
| SCHEDULING ORDER |
Appeal by Ronald T. from an order of the Family Court, Kings County, dated April 12, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 9, 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
M26651
J/sl
|
2005-00094 In the Matter of Travelers Indemnity Company of Illinois, s/h/a Travelers Property Casualty, appellant, v Kristine M. Ciambra, respondent; Utica Mutual Insurance Company, proposed additional respondents-respondents. (Index No. 4633/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered November 1, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 21, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26618
M/nal
|
2005-02952 In the Matter of Victor V. (Anonymous), appellant. (Docket No. D-35142/03)
| SCHEDULING ORDER |
ORDERED that the scheduling order dated May 27, 2005, in the above-entitled proceeding is recalled and vacated and the following scheduling order is substituted therefor:
Appeal by Victor V. from an order of the Family Court, Kings County, dated January 3, 2005. By decision and order on motion of this court dated June 8, 2005, the following attorney was assigned as counsel on the appeal:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
(212) 227-0206
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel 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 any Family Court proceeding to be transcribed for the appeal; 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 the order of this court dated June 8, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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
Appellate Division: Second Judicial Department
M26614
M/nal
|
2004-10314 In the Matter of Michael Unique W. (Anonymous). Lakeside Family and Children's Services, Inc., petitioner-respondent; Michael Anthony W. (Anonymous), appellant, et al., respondent. (Docket No. B-14897/02)
| SCHEDULING ORDER |
Appeal by Michael Anthony W. from an order of the Family Court, Queens County, dated October 25, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 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 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
M26682
CF/
|
2005-03905 In the Matter of Catherine Jean Wright, appellant, v William Maxwell Wright, respondent. (Docket No. V-12224-04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated March 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
M26688
Y/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-01434 In the Matter of Eleni Zahoudanis, a/k/a Helen Zahoudanis, deceased. Mary Zahoudanis, objectant-respondent-appellant, John Michael Spanakos, executor-respondent; Kenneth Allen Habel, nonparty-appellant-respondent. (File No. 6908-86)
| DECISION & ORDER ON MOTION |
Motion by the objectant-respondent-appellant for leave to reargue an appeal from a decree of the Surrogate's Court, Kings County, dated January 9, 2004, which was determined by decision and order of this court dated April 18, 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, with $100 costs.
H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26676
S/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
1997-01445, 1999-11289 The People, etc., respondent, v Vincent Alexandrini, appellant. (Ind. Nos. 140/95, 335/95)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from two judgments of the Supreme Court, Richmond County, both rendered January 15, 1997, as abandoned. By decision and order on motion dated April 20, 2005, the motion was granted unless, on or before May 27, 2005, the appellant made a proper motion for leave to prosecute the appeal as a poor person, including an affidavit setting forth the amount and source of funds paid to retained counsel and the source of the $200,000 bail money. The appellant has not complied with that directive.
Now, on the court's on motion, it is
ORDERED that the appeal is dismissed as abandoned (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
H. MILLER, J.P., CRANE, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26669
PL/sl
|
2004-03053
The People, etc., respondent, v Gary Hall, appellant.
(Ind. No. 03-00459)
| 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, Westchester County, dated March 23, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before June 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26678
Y/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2002-09776 The People, etc., respondent, v William Jennings, appellant. (Ind. No. 1540/92)
| DECISION & ORDER ON MOTION |
Appeal by defendant from an order of the County Court, Suffolk County, dated August 5, 2002. By order to show cause dated May 4, 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 on the ground that he has abandoned the appeal.
Now, 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 (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
FLORIO, J.P., SCHMIDT, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court