Appellate Division: Second Judicial Department
M26751
M/nal
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2005-00508 Kenneth R. Bank, appellant, v Marney White, respondent. (Index No. 201971-03)
| SCHEDULING ORDER |
Appeal by Kenneth R. Bank from an order of the Supreme Court, Nassau County, dated December 21, 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 July 15, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26403
C/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2005-04182 Joseph Belanger, respondent, v Miriam Belanger, appellant. (Index No. 10208/04)
| DECISION & ORDER ON MOTION |
Motion by Evelyn K. Isaac, counsel assigned to represent the appellant in proceedings before the Supreme Court, Westchester County, in effect, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Supreme Court, Westchester County, entered March 31, 2005, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied with leave to renew, on or before August 9, 2005, upon proof of proper service of the motion papers upon the appellant, and upon submission by the appellant of proper papers establishing her entitlement to poor person relief and that she is interested in pursuing the appeal.
COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26771
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2005-00624 Marc J. Berger, appellant, v Maimonides Medical Center, et al., respondents. (Index No. 2404/94)
| 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 December 8, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 5, 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
M26780
Y/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2004-06762 Letecia C. Toque Capili, respondent, v Noemi Iris Ilagan, appellant, et al., defendant. (Index No. 26668/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the sale of the subject property pending hearing and determination of an appeal from an interlocutory judgment of the Supreme Court, Suffolk County, dated June 14, 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.
KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26488
A/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2004-06762 Letecia C. Toque Capili, respondent, v Noemi Iris Ilagan, appellant, et al., defendant. (Index No. 26668/97)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an interlocutory judgment of the Supreme Court, Suffolk County, dated June 14, 2004, to strike the record on appeal or, in the alternative, to direct the appellant to serve and file a supplemental record on appeal containing the documents listed in paragraph 2 of the affirmation of Mario Biaggi, Jr., dated May 17, 2005, and to enlarge her time to serve and file a brief on the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record on appeal containing the documents listed in paragraph 2 of the affirmation of Mario Biaggi, Jr., dated May 17, 2005, is granted, and on or before July 11, 2005, the appellant shall serve and file a supplemental record containing those documents; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until August 10, 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.
COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26793
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2004-08244
Derrick Carty, plaintiff-respondent, v City of New York, defendant third-party plaintiff- respondent, Yonkers Contracting Company, Inc., defendant third-party plaintiff-appellant; Raul Marcell Dickson, et al., third-party defendants- respondents. (Index No. 11813/95)
| ORDER ON APPLICATION |
Application by the respondents Er-Sherri Construction, Inc., and Raul Marcell Dickson 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 August 10, 2004.
ORDERED that the application is granted and the time of the respondents Er-Sherri Construction, Inc., and Raul Marcell Dickson to serve and file a brief is enlarged until July 18, 2005, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26781
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GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2005-01517 Chase Manhattan Bank, respondent, v Jenny J. Mercado, appellant, et al., defendant.
(Index No. 7744/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Suffolk County, dated January 5, 2005, as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is 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 and to waive payment of the filing fee are denied.
KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26782
CF/
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2005-00761 Gail Ann Cox, respondent, v Huntington Quadrangle No. 1 Company, appellant, et al., defendants. (Index No. 951/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 3, 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
M26808
Y/sl
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
FRED T. SANTUCCI
PETER B. SKELOS, JJ.
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2005-05402 Jamie DeLuca, f/k/a Jamie Vick, appellant, v James Vick, respondent. (Index No. 9991/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated May 18, 2005, pending hearing and determination of an appeal therefrom, and for a preference in the calendaring 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.
SCHMIDT, J.P., S. MILLER, SANTUCCI and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26770
T/sl
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2004-09843 Nancy C. Delaney, et al., appellants,v City of Mount Vernon, et al., respondents. (Index No. 3815/04)
| 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, Westchester County, entered October 15, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 27, 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
M26786
A/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
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2005-05407, 2005-05409 Dirtman Enterprises, Inc., plaintiff, v Good Will Sports and Education, Inc., defendant.
(Index No. 5001/03)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from two ex parte orders of the Supreme Court, Westchester County, dated February 10, 2005, and May 23, 2005, respectively, and to vacate temporary restraining orders contained in the order dated February 10, 2005, pending hearing and determination of the appeals.
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 to this court is denied, as no appeal lies from ex parte orders (see Violante v Berkowitz, 90 AD2d 837; Bailen v Jones, 102 AD2d 859); and it is further,
ORDERED that the branch of the motion which is to vacate the temporary restraining orders is denied as academic.
KRAUSMAN, J.P., LUCIANO, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26779
R/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2005-02212 Emanuel Ferri, appellant-respondent, v Stern's Department Stores, Inc., et al, defendants third-party plaintiffs respondents-appellants; Service Resources, Inc., third-party defendant respondent-appellant.
(Index No. 13983/01)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant respondent-appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated February 8, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26797
J/sl
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2004-10539 Frederika Friedman, appellant, v David Ostreicher, et al., respondents. (Index No. 15610/04)
| 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 October 15, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 18, 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
M26783
CF/
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2004-09807 Donna Lynn Fuschetto, respondent, v 200 Ashford Avenue Realty Corporation, appellant (and a third-party claim). (Index No. 11286/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 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
M26647
A/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
DAVID S. RITTER
REINALDO E. RIVERA, JJ.
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2005-03791, 2005-03794, 2005-03795 Alan N. Gagnon, et al., plaintiffs, v Hamlet On Olde Oyster Bay, LLC, et al., defendants third-party plaintiffs-appellants; Newbridge Electric of Long Island Corp., third-party defendant-respondent (and other third-party actions). (Index No. 17945/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two judgments of the Supreme Court, Nassau County, dated November 22, 2004, and December 3, 2004, respectively, and an interlocutory judgment of the same court entered December 9, 2004, to dismiss the appeal from the interlocutory judgment entered December 9, 2004, on the ground that the appeal was not timely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Nassau County, to hear and report on if and when the interlocutory judgment dated December 9, 2004, was served with notice of entry upon counsel for the defendants third-party plaintiffs-appellants, and the motion is held in abeyance in the interim. The Supreme Court, Nassau County, shall file its report with all convenient speed.
FLORIO, J.P., H. MILLER, RITTER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26787
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2004-06963 Emma Gerbey-Semenov, appellant, v Alexander Fish, etc., et al., respondents. (Index No. 43130/99)
| 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 June 22, 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
M26818
E/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2005-02148 Davince Hall, respondent, v American Bridge Company, appellant.
(Index No. 10530/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated January 7, 2005, to stay the trial in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and 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
M26794
CF/
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2005-05187 Agnes Hunte, et al., respondents, v Juba Cab Corp., et al., appellants, et al., defendant. (Index No. 6078/02)
| 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 17, 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
M26757
M/nal
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2005-03575
Teddy Jimenez, appellant, v Olga Jimenez, respondent. (Index No. 46855/02)
| ORDER TO SHOW CAUSE |
Appeal by Teddy Jimenez from a judgment of the Supreme Court, Kings County, dated January 21, 2005. By scheduling order dated May 10, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 10, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 7, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26821
E/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2005-05258 Susan Lavin, plaintiff, v Selwyn Melloul, et al., defendants-respondents; James G. Bilello & Associates, nonparty-respondent; Austen O. Ugweches, nonparty-appellant.
(Index No. 11252/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated May 20, 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.
KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26774
R/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2005-05261 Michael M. (Anonymous), respondent, v Allison M. (Anonymous), appellant.
(Index No. 5451/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Richmond County, dated June 7, 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 on the court's own motion, the appellant's notice of appeal from a decision dated May 16, 2005, is treated as an application for leave to appeal from the order dated June 7, 2005, and leave to appeal is granted (see CPLR 5701[c]); and it is further,
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
M26670
A/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
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2004-09011 Josephine Manganiellio, et al., appellants, v Samuel Oberlander, etc., et al., defendants, Lawrence Hospital, respondent. (Index No. 9319/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered September 9, 2004, on the ground that the order denied a motion for leave to reargue.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument.
ADAMS, J.P., S. MILLER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26788
CF/
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2004-10035 Florence P. McGee, respondent, v Sebastian Lattuga, etc., et al., appellants. (Index No. 25453/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants Sebastian Lattuga and Orlin & Cohen Orthopedic Associates, LLP, to withdraw an appeal from an order of the Supreme Court, Queens 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 by Sebastian Lattuga and Orlin & Cohen Orthopedic Associates, LLP, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26800
J/sl
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2005-00005 Jon P. Meola, appellant, v Board of Cooperative Education Services of Nassau County, et al., respondents. (Index No. 15109/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated November 3, 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
M26777
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2004-10530
James Moran, etc., appellant, et al., plaintiff, v Margaret Hurst, et al., respondents. (Index No. 16603/03)
| 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 November 19, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 11, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26789
J/sl
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2004-11144
Hilda Osborne, respondent, v Martha Evans, appellant. (Index No. 6154/04)
| 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, Queens County, dated October 12, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 30, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26776
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2004-09654
Christina Rallo, et al., appellants, v City of New York, defendant, Metropolitan Transportation Authority, et al., respondents. (Index No. 6596/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered October 5, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 25, 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
M26718
E/sl
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
FRED T. SANTUCCI
PETER B. SKELOS, JJ.
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2005-04979 Rockhill Development Corp., respondent. v CDIAX Montauk Realty, Inc., et al., appellants. (Index No. 7465/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order and judgment (one paper) of the Supreme Court, Suffolk County, dated March 11, 2005, directing specific performance of a contract for the sale of real property, 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 directing specific performance of the contract for the sale of real property is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 21, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 21, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that pending hearing and determination of the appeal the appellants are enjoined from conveying, transferring, or encumbering the subject real property.
SCHMIDT, J.P., S. MILLER, SANTUCCI and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26790
CF/
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2005-01304 Angel Sabi, respondent, v David Emrani, et al., appellants. (Index No. 01-016347)
| 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 5, 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
M26792
CF/
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2004-11194 Franklin Stewart, plaintiff-respondent, v Columbia Terrace Development Corp., defendant, Fourth Columbia Terrace Condo, et al., appellants, Michael Phillip, defendant-respondent. (Index No. 28427/02)
| 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 November 1, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26775
S/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
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2005-05088 Judith Wallach, appellant, v Raymond Wallach, respondent. (Index No. 7428/98)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated June 8, 2005, in the above-entitled case which dismissed the appeal under Appellate Division Docket No. 2005-05088 is recalled and vacated and that appeal is reinstated.
ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26778
S/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
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2005-05089 Judith Wallach, appellant, v Raymond Wallach, respondent. (Index No. 7428/98)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from findings of fact and conclusions of law of the Supreme Court, Rockland County, dated April 13, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from findings of fact and conclusions of law (see Bendetto v O'Grady, 10 AD2d 628).
ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26763
T/sl
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2005-00283 Water Street Leasehold, LLC, et al., respondents, et al., defendant, v Commercial Union Insurance Company, appellant. (Index No. 20673/03)
| 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, Kings County, dated November 26, 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
M26784
CF/
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2004-10773 In the Matter of James A. (Anonymous), appellant. (Docket No. S-7551-04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Westchester County, dated December 10, 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
M26785
CF/
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2005-02797
In the Matter of James A. (Anonymous), appellant. (Docket No. S-7551-04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Westchester County, dated February 28, 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
M26773
A/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2004-08578, 2005-01376, 2005-01377 In the Matter of Rose F. Albarino, deceased. Robert Albarino, respondent; Roxanne Kelly, appellant. (File No. 312/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from three orders of the Surrogate's Court, Westchester County, one dated August 19, 2004, and two dated December 29, 2004, inter alia, to strike portions of the record on appeal, on the ground, among other things, that it contains matter dehors the record, and to enlarge his time to serve and file a brief on the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion which is denied as academic in light of the decision and order on motion of this court dated May 12, 2005.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26723
R/sl
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
FRED T. SANTUCCI
PETER B. SKELOS, JJ.
|
2005-05069 In the Matter of Alexander B. (Anonymous). Administration for Children's Services, petitioner- respondent; Veronica B. (Anonymous), respondent- respondent; Steven Banks, etc., nonparty-appellant. (Proceeding No. 1) In the Matter of Nacho B. (Anonymous). Administration for Children's Services, petitioner- respondent; Veronica B. (Anonymous), respondent- respondent; Steven Banks, etc., nonparty-appellant. (Proceeding No. 2)
(Docket Nos. N-12746-01, N-12747-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family 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 granted and enforcement of the order dated May 25, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 4, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 4, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
SCHMIDT, J.P., S. MILLER, SANTUCCI and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26803
F/
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-01773
In the Matter of Anna Marie G. (Anonymous), a/k/a Anna Marie C. (Anonymous). Jewish Child Care Association of New York, et al., petitioners-respondents; Margarita C. (Anonymous), et al., appellants. (Docket No. B-10322-01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant Margarita C. for leave to prosecute an appeal from an order of the Family Court, Kings County, dated January 24, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal on behalf of Margarita C.:
Richard Cardinale, Esq.
26 Court Street - Suite 1815
Brooklyn, New York 11242
(718) 624-9391
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
KRAUSMAN, J.P., LUCIANO, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26822
E/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-03782 In the Matter of Nadejda Josefs, respondent, v Jacob Josefs, appellant. (Docket No. F-03469/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated March 7, 2005, as a poor person and for the assignment of counsel, and separate motion by the appellant pro se, inter alia, to stay enforcement of two orders of the same court dated June 16, 2004, and July 27, 2004, respectively, pending hearing and determination of the appeal.
Upon the papers filed in support of the motions, the papers filed in opposition to the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, and no papers having been filed in opposition or relation to the motion, inter alia, to stay enforcement of the orders dated June 16, 2004 and July 27, 2004, it is
ORDERED that the motions are denied.
KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26766
M/nal
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2005-03166 In the Matter of Eileen N. Kenderes, appellant, v Elizabeth M. Norton, respondent-respondent, et al., respondent. (Docket Nos. V-01442-04, V-01443-04)
| SCHEDULING ORDER |
Appeal by Eileen N. Kenderes from an order of the Family Court, Dutchess County, dated December 21, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 14, 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 30 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
M26758
M/nal
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2005-01846 In the Matter of Shawndel M. (Anonymous). Suffolk County Department of Social Services, respondent; Korisha S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Shaquay S.-M. (Anonymous). Suffolk County Department of Social Services, respondent; Korisha S. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-14459-04, N-14460-04)
| SCHEDULING ORDER |
Appeal by Korisha S. from an order of the Family Court, Suffolk County, dated February 4, 2005. By decision and order on motion of this court dated June 13, 2005, the following attorney was assigned as counsel on the appeal:
Marlene Lange Budd, Esq.
66 Dix Highway
Dix Hills, New York 11746
(631) 421-3799
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 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 13, 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
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M26756
M/nal
|
2005-03689
In the Matter of Geraldo Martinez, appellant, v Cynthia Martinez, respondent. (Docket No. F-3051-01)
| ORDER TO SHOW CAUSE |
Appeal by Geraldo Martinez from an order of the Family Court, Orange County, dated February 9, 2005. By scheduling order dated May 10, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 10, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 7, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26767
M/nal
|
2005-01083 In the Matter of Leslie McIver-Heyward, respondent, v Richard Heyward, appellant. (Docket Nos. V-3639-03, V-3804-03)
| SCHEDULING ORDER |
Appeal by Richard Heyward from an order of the Family Court, Rockland County, dated December 29, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 14, 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 30 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
M26764
M/nal
|
2005-02888 In the Matter of Charlene Morisseau, appellant, v Nancy Morisseau, respondent. (Docket Nos. O-12399/04, O-13734/04)
| SCHEDULING ORDER |
Appeal by Charlene Morisseau from an order of the Family Court, Westchester County, dated February 28, 2005. By decision and order on motion of this court dated June 13, 2005, the following attorney was assigned as counsel on the appeal:
Izhak Ben-Meir, Esq.
720 Milton Road - Apt. 4B
Rye, New York 10580
(914) 967-3991
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 13, 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
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M26752
M/nal
|
2005-03950
In the Matter of James Nell, respondent, v Elizabeth Nell, appellant. (Docket No. O-00098/05)
| ORDER TO SHOW CAUSE |
Appeal by Elizabeth Nell from an order of the Family Court, Richmond County, dated March 21, 2005. By scheduling order dated May 11, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 11, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 7, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26753
M/nal
|
2005-04275
In the Matter of Ashley P. (Anonymous). Charlotte W. (Anonymous), respondent; Kenneth P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Charlotte W. (Anonymous), respondent, v Kenneth P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Kenneth P. (Anonymous), petitioner, v Charlotte W. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. A-499-04, O-18778-04, V-23006-04)
| ORDER TO SHOW CAUSE |
Appeal by Kenneth P. from an order of the Family Court, Suffolk County, dated April 8, 2005. By scheduling order dated May 11, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated May 11, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 7, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26772
T/sl
|
2004-10557
In the Matter of Progressive Northern Insurance Company, appellant, v Kenneth White, et al., respondents. (Index No. 44351/03)
| ORDER ON APPLICATION |
Application by the respondent Nationwide Insurance Company 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 November 1, 2004.
ORDERED that the application is granted and the time of the respondent Nationwide Insurance Company to serve and file a brief is enlarged until July 26, 2005, and that respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26804
F/
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-04365
In the Matter of Geurric S.-P. (Anonymous). Orange County Department of Social Services, respondent; Nadia S.-P. (Anonymous), et al., appellants. (Docket No. N-2134-05)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Orange County, dated May 5, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian, Gilbert A. Taylor, Esq., Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child:
Neal D. Futerfas, Esq.
50 Main Street - Suite 1000
White Plains, New York 10606
(914) 682-2171
KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26768
M/nal
|
2005-00688 In the Matter of Joshua T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Brittney T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Jessica T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Karen T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Stephen T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 5 In the Matter of Tia Otta T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. B-5203-03, B-5204-03, B-5205-03, B-5206-03, B-5207-03, B-5208-03)
| SCHEDULING ORDER |
Appeal by John T. from an order of the Family Court, Orange County, dated November 29, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 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 within 30 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
M26740
M/nal
|
2005-03051 In the Matter of Alice Treadwell, respondent, v Keith Treadwell, Sr., appellant. (Docket No. V-3137/95)
| SCHEDULING ORDER |
Appeal by Keith Treadwell, Sr., from an order of the Family Court, Suffolk County, entered March 15, 2005. By decision and order on motion of this court dated June 13, 2005, the following attorney was assigned as counsel on the appeal:
Del Atwell, Esq.
P.O. Box 2516
Montauk, New York 11954
(631) 267-2067
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 13, 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
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
M26798
A/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-04524 The People, etc., respondent, v Corey Edwards, appellant.
(Ind. No. 2464/00)
| 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, Nassau County, rendered April 19, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before July 26, 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.
COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26399
C/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-04114 The People, etc., respondent, v Stanley Griffin, appellant. (Ind. No. 02-244)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's brief on an appeal from a judgment of the County Court, Orange County, rendered April 24, 2003, on the ground that the appellant failed to serve the complete transcript upon the respondent, and for an enlargement of time to serve and file its brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that branch of the motion which is to strike the appellant's brief is denied; and it is further,
ORDERED that on the court's own motion, the matter is referred to the County Court, Orange County, for a reconstruction hearing with respect to the minutes of the pre-trial proceedings in the above-entitled case conducted before Justice Rosenwasser on March 4, 2003; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two typewritten transcripts of the stenographic minutes of the reconstruction hearing, once said hearing has been completed, and the Clerk of the trial court shall furnish one of those certified transcripts to the appellant's counsel, without charge (CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that the branch of the respondent's motion for an enlargement of time to serve and file its brief is held in abeyance pending notice by the appellant's counsel to the clerk of this court that the reconstruction hearing has been held and the missing minutes are accounted for; and it is further,
ORDERED that appellant's counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25440
F/
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
1996-10193 The People, etc., respondent, v Lanette Hill, appellant. (Ind. No. 4827/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered October 18, 1996, 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 the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew on or before August 19, 2005, upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel; and it is further,
ORDERED that in the event that the appellant does not renew her motion for poor person relief and the assignment of counsel on or before August 19, 2005, the court, on its own motion, may issue an order to show cause why the appeal should not be dismissed as abandoned (see CPL 470.60[1]).
SANTUCCI, J.P., LUCIANO, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26795
CF/
|
2004-00121 The People, etc., respondent, v Monique Jackson, appellant. (Ind. No. 4417/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Kings County, rendered December 1, 2003.
Upon the stipulation of the parties, dated June 10, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M26686
K/sl
BARRY A. COZIER, J.
|
2005-01434 The People, etc., respondent, v Daniel McNair, appellant. (Ind. No. 528/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Orange County, rendered February 10, 2005, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
BARRY A. COZIER
Associate Justice
Appellate Division: Second Judicial Department
M26735
CF/
|
2005-01756 The People, etc., respondent, v William Repetti, appellant. (Ind No. 360/88)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the County Court, Suffolk County, rendered December 23, 2004.
Upon the stipulation of the parties, dated June 2, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M26700
F/
BARRY A. COZIER, J.
|
2005-02574 The People, etc., plaintiff, v Joseph D. Robertson, defendant. (Ind. No. 01-00414)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Orange County, dated March 8, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
BARRY A. COZIER
Associate Justice
Appellate Division: Second Judicial Department
M26806
F/
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-06395
The People, etc., respondent, v Robert Tocci, appellant. (Ind. No. 2914/01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
On the court's own motion, it is
ORDERED that the decision and order on motion in the above-entitled case dated June 15, 2005, is recalled and vacated and the following decision and order on motion is substituted therefore:
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered July 16, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Michael D. Elbert, Esq.
Elbert & Elbert, L.L.P.
221 Mineola Boulevard
Mineola, New York 11501
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
COZIER, J.P., S. MILLER, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services
Telephone: (518) 457-0043
Appellate Division: Second Judicial Department
M26805
F/
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-05798 The People, etc., respondent, v Jose Valencia, appellant. (Ind. No. 545/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Queens County, rendered June 5, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
KRAUSMAN, J.P., LUCIANO, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M26699
F/
BARRY A. COZIER, J.
|
2005-01806 The People, etc., plaintiff, v John Whitfield, defendant. (Ind. No. 2132/89)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated January 25, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
BARRY A. COZIER
Associate Justice
Appellate Division : Second Judicial Department
M26701
F/
BARRY A. COZIER, J.
|
2005-02571 The People, etc., plaintiff, v Robert Wilson, defendant. (Ind. No. 417/94)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated January 27, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
BARRY A. COZIER
Associate Justice