Appellate Division: Second Judicial Department
M26848
S/sl
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2004-10037
Maria Mercedes Aguilar, appellant, v Reckson Associates Realty Corp., defendant third-party plaintiff-respondent; L & L Gardens, Inc., et al., third-party defendants-respondents. (Index No. 2863/03)
| ORDER ON APPLICATION |
Application by the respondent Reckson Assoicates Realty Corp. pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file respondents briefs on an appeal from an order of the Supreme Court, Queens County, dated August 24, 2004.
ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until July 8, 2005, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24753
PL/sl
|
2004-07996, 2004-08003
Clifford Berger, et al., appellants, v Tarry Fuel Oil Company, respondent (Index No. 4176/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Westchester County, dated February 13, 2004, and a judgment of the same court, dated July 28, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until July 22, 2005, and the record or appendix on the appeals 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
M26836
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-05230 Milton Berlin, respondent, v Patricia Wojnarowski, appellant, et al., defendants.
(Index No. 29153/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Suffolk County, dated April 15, 2005, to stay all proceedings in the above-entitled action, including enforcement of the judgment, 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 granted and all proceedings in the above-entitled action, including enforcement of the judgment dated April 15, 2005, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 22, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 22, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
H. MILLER, J.P., COZIER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26851
S/sl
|
2004-10120
Maria Bran, et al., appellants, v Samuel King, et al., respondents.
(Index No. 5768/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated September 2, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 1, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26880
S/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2005-03397 Haim Chera, respondent, v Gertrude Lemle, etc., et al., appellants.
(Index No. 27769/02)
| DECISION & ORDER ON APPLICATION |
Application by the appellants Gertrude Lemle and Elfran, LP, on an appeal from an order of the Supreme Court, Kings County, dated January 31, 2005, in effect, to amend so much of a decision and order on motion of this court dated May 23, 2005, as conditioned a stay of the trial in the above-entitled action upon their perfection of the appeal on or before June 20, 2005.
Upon the papers filed in support of the application 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 decision and order on motion of this court dated May 23, 2005, is amended by deleting from the decretal paragraphs thereof the date "June 20, 2005," and substituting therefor the date "July 20, 2005."
PRUDENTI, P.J., FLORIO, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26817
A/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT A. LIFSON, JJ.
|
2004-03063 Susan Dahlin, respondent, v Sarah J. Paladino, et al., appellants. (Index No. 13387/98)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated March 19, 2004, which was determined by decision and order of this court dated January 31, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
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.
KRAUSMAN, J.P., LUCIANO, MASTRO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26791
M/nal
|
2005-01082 Steven DiGiorgi, appellant, v Carolyn DiGiorgi, respondent. (Index No. 23320-01)
| SCHEDULING ORDER |
Appeal by Steven DiGiorgi from an order of the Supreme Court, Suffolk County, dated December 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 appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until June 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M25327
S/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
FRED T. SANTUCCI, JJ.
|
1999-11856
Conrad Garcia, appellant, v Sparkle Dental, et al., respondents. (Index No. 12292/99)
| ORDER TO SHOW CAUSE |
The plaintiff having appealed to this court from an order of the Supreme Court, Westchester County, dated November 5, 1999, and the appellant's appendix and brief having been filed on May 31, 2000, and the respondent's brief having been filed on June 26, 2000, the appeal was placed on this court's calendar for October 10, 2000. The appeal was removed from the calendar after the parties informed the court that a subsequent order of the Supreme Court, Westchester County, had dismissed the complaint. The plaintiff did not file a notice of appeal from that subsequent order.
On the court's own motion, it is
ORDERED that the appellant and the respondent or their counsel show cause before this court why an order should or should not be entered dismissing the appeal on the ground that it has been rendered academic by each filing an affirmation or affidavit on that issue with the Clerk of this court on or before July 20, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon the appellant and the respondent, or their counsel, by regular mail.
H. MILLER, J.P., SCHMIDT, ADAMS and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26815
S/sl
|
2004-07896 Glenriver, Inc., appellant, v Winchester Global Trust Company, et al., respondents. (Index No. 30727/03)
| 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, Suffolk County, dated July 2, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until June 29, 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
M26838
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-04771 Lucio Laduca, respondent, v Levidow, Levidow & Oberman, etc., et al., appellants (and third-party actions). (Index No. 42874/01)
| DECISION & ORDER ON MOTION |
Separate motions by (1) the appellants Levidow, Levidow & Oberman, David Levidow, Richard Levidow, and Richard Oberman, (2) the appellants Easton & Clark, Mark Easton, and Alan Clark, and (3) the appellants Lazarowitz & Manganillo, Harvey Lazarowitz, and Carlo Manganillo on appeals from an order of the Supreme Court, Kings County, dated May 3, 2005, to stay all proceedings in the above-entitled action pending hearing and determination of the appeals.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are granted and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before July 25, 2005; and it is further,
ORDERED that in the event the appeals are not perfected on or before July 25, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
H. MILLER, J.P., COZIER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26814
S/sl
|
2004-10691
Juan Carlos Lopez, appellant, v Port Authority of New York & New Jersey, et al., respondents. (Index No. 15646/02)
| ORDER ON APPLICATION |
Application by the respondent Port Authority of New York & New Jersey 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, Queens County, dated October 26, 2004. Separate application by the respondents Lufthansa German Airlines, Terminal One Management, Inc., and Terminal One Group Association, L.P., for the same relief.
ORDERED that the applications are granted and the respondents' time to serve and file their respective briefs is enlarged until August 1, 2005, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26873
S/sl
|
2005-00621
Kelvin Lucero, etc., appellant, v New York City Health and Hospitals Corporation (Elmhurst Hospital Center), respondent. (Index No. 5665/04)
| 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 November 19, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 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
M26809
A/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2004-01157 Carl Martin, appellant, v City of New York, et al., respondents. (Index No. 852/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Separate motions by the respondent Pep Boys Manny, Moe and Jack of Delaware, Inc., s/h/a Pep Boys Mannie, Moe and Jack of Delaware, Inc., and respondents City of New York, New York City Police Department, Detective Julio Minaya, and Detective Scott Corcio, to dismiss an appeal from an order of the Supreme Court, Queens County, dated December 9, 2003, for failure to timely perfect the same.
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, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
ADAMS, J.P., S. MILLER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26799
C/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-04344 NYCTL 1998-1 Trust, et al., respondents, v Alan Drezin, etc., et al., respondents; Sylvia Coleman, interveror-appellant.
(Index No. 37700/02)
| DECISION & ORDER ON MOTION |
Motion by the intervenor-appellant, inter alia, to enjoin the respondent Farrell Realty Corp. from evicting Calvin Davis from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 30, 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
M26831
S/sl
|
2004-09833
Jeanne M. O'Connor, appellant, v Anthony N. Lopane, et al., respondents.
(Index No. 11715/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Westchester County, dated September 21, 2004.
ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26816
S/sl
|
2004-10335
Robert Pisanelli, appellant, v Town of East Fishkill, respondent. (Index No. 3637/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Dutchess County, dated October 20, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 25, 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
M26812
A/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-09112 Public Administrator of Kings County, etc., respondent, v Canada Dry Bottling Company of New York, etc., appellant, Prime Contracting Design Corp., defendant (and a third-party action). (Index No. 50273/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this court, dated March 7, 2005, which determined an appeal from an order of the Supreme Court, Kings County, dated September 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.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26840
T/sl
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2005-01917 William Quinn, Jr., respondent, v William J. Mich, Jr., et al., defendants, J. Petrocelli Contracting, Inc., appellant (and a third-party action). (Index No. 12567/01)
| 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, Suffolk County, dated January 15, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 21, 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
M26813
S/sl
|
2004-07281
Esther Twersky, respondent, v Estate of Morris Kimmel, appellant. (Index No. 17964/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 18, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 25, 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
M26839
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-05008
U. S. Bank National Association TR U/A DTD 06/01/99, respondent, v Old Republic National Title Insurance Company, appellant. (and related actions)
(Index No. 29987/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 8, 2004.
Upon the stipulation of the attorneys for the respective parties, dated on or about May 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26811
S/sl
|
2004-11167
Wei Jie He, respondent, v Finest Food Distributing Co., appellant, et al., defendant. (Index No. 28748/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 18, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 19, 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
M26807
Y/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
| 2004-05137, 2005-03827DECISION & ORDER ON MOTION Marion Woszczyna, respondent, v BJW Associates, et al., appellants, et al., defendants. (Index No. 3357/01) |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated May 13, 2004, and March 22, 2005, respectively.
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 trial in the above-entitled action is stayed pending hearing and determination of the appeals.
RITTER, J.P., KRAUSMAN, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26845
L/
|
2004-10184
Yuri Zamdborg, appellant, v Frida Goldin, et al., respondents. (Index No. 25081/00)
| 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 September 27, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or 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
M26843
R/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-10936 In the Matter of Amalgamated Warbasse Houses, Inc., et al., appellants, v David B. Tweedy, etc., et al., respondents.
(Index No. 13114/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, to hold in abeyance an appeal from a judgment of the Supreme Court, Queens County, dated November 4, 2004.
Upon the papers filed in support of the motion and upon the consent of the parties, it is
ORDERED that the motion is granted to the extent that the appellants' time to perfect the appeal is enlarged until November 30, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date, and the motion is otherwise denied.
KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26870
M/nal
|
2004-08922 In the Matter of Patsy Campo, respondent, v Isaac Chapman, appellant. (Docket Nos. V-16826-01, V-16827-01, V-17298-01, V-17299-01)
| SCHEDULING ORDER |
Appeal by Isaac Chapman from an order of the Family Court, Kings County, dated September 22, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 5, 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 law guardian's time to serve and file a brief on the appeal is enlarged until June 29, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26841
S/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-04290
In the Matter of Jasmine E. (Anonymous), respondent; Presentment Agency, appellant. (Docket No. D-1665-05)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
On the court's own motion, it is
ORDERED that its decision and order on motion dated June 13, 2005, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondent for leave to defend an appeal from an order of the Family Court, Orange County, dated April 8, 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 Law Guardian, Stuart I. Greenberg, Esq., 106 Stage Road, Monroe, New York 10950, 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 respondent:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
(212) 227-0206
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the respondent's status as a poor person is continued.
COZIER, J.P., S. MILLER, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26875
M/nal
|
2004-10351 In the Matter of Soraya Farnam, respondent, v Albert Afrahim, appellant. (Docket No. O-10811-04)
| SCHEDULING ORDER |
Appeal by Albert Afrahim from an order of the Family Court, Queens County, dated November 17, 2004. The appellant's brief was filed in the office of the Clerk of this court on May 16, 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
M26893
J/sl
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2005-03210 In the Matter of Dennis P. Flood, appellant, v Lawrence Schopfer, etc., et al., respondents. (Index No. 4105/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to file a reply brief on an appeal from an order of the Supreme Court, Westchester County, dated March 25, 2005.
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 reply brief that was submitted to the Clerk of this court is accepted for filing.
ADAMS, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26835
C/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-05594, 2005-05595 In the Matter of David Keeny G. (Anonymous). Administration for Children's Services, et al., respondents; Alba G. (Anonymous), appellant. (Docket No. N-09080/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Queens County, dated May 27, 2005, and so much of an order of the same court dated June 1, 2005, as granted her only supervised visitation with the subject child, and to direct the return of the subject child to her, pending hearing and determination of appeals from the orders.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of the order dated May 27, 2005, and so much of the order dated June 1, 2005, as granted the appellant only supervised visitation of the subject child is granted, and enforcement of the order dated May 27, 2005, and so much of the order dated June 1, 2005, as granted the appellant only supervised visitation of the subject child are stayed and the Commissioner of the Administration for Children's Services is directed to return the child to the appellant, pending hearing and determination of the appeals, on conditions that (1) the appeals are perfected on or before August 8, 2005, (2) the appellant cooperates with supervision by the Administration for Children's Services, (3) the appellant resides in one of the five boroughs of New York City in a residence approved by the Administration for Children's Services, (4) the appellant engages in individual counseling, and (5) the appellant cooperates with the Administration for Children's Services in arranging counseling for the subject child; and it is further,
ORDERED in the event the appeals are not perfected on or before August 8, 2005, or any other of the above-stated conditions are not complied with, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., COZIER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26877
M/nal
|
2004-08796 In the Matter of Leah G. (Anonymous), appellant. (Docket No. D-8164/04)
| SCHEDULING ORDER |
Appeal by Leah G. from an order of the Family Court, Queens County, dated September 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
M26810
S/sl
|
2005-02452
In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Veronica Gonzalez, respondent; Maria Isabel Lopez, et al., additional-respondents. (Index No. 9191/04)
| 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 and judgment (one paper) of the Supreme Court, Queens County, dated November 22, 2004.
ORDERED that the application is denied without prejudice to making a motion for the same relief (see 22 NYCRR 670.5).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26802
C/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-04720 In the Matter of Alfonso Springer, petitioner, v Joseph K. McKay, etc., et al., respondents. (Index No. 9445/01)
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a state inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.
Upon the papers filed in support of the petition and the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that in the event the filing fee has not been paid within 120 days from the date of this order, the proceeding shall be dismissed (see CPLR 1101[d]).
The allegations of merit contained in the petitioner's affidavit in support of the motion for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26874
M/nal
|
2005-02435 In the Matter of Maurice T. (Anonymous), appellant, v Mark P. (Anonymous), respondent-respondent, et al., respondent. (Docket No. P-20694/04)
| SCHEDULING ORDER |
Appeal by Maurice T. from an order of the Family Court, Kings County, dated February 2, 2005. The appellant's brief was filed in the office of the Clerk of this court on June 20, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M26857
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-01440 In the Matter of Joseph T. (Anonymous). Nassau County Department of Social Services, appellant; Roseanne T. (Anonymous), respondent. (Proceeding No. 1)
In the Matter of Michelle T. (Anonymous). Nassau County Department of Social Services, appellant; Roseanne T. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. N-5116/04, N-5117/04)
| DECISION & ORDER ON MOTION |
Motion by the Law Guardian to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Nassau County, dated January 18, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Law Guardian's time to serve and file a brief is enlarged until July 18, 2005, and the Law Guardian's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., COZIER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26853
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-04687
In the Matter of Don Thomas, appellant, v New York State Department of Correctional Services, respondent. (Index No. 3917/04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated March 1, 2005, as a poor person, to waive the filing fee, for free transcripts, to proceed on the original papers, 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 branch of the motion which is for leave to proceed on the original papers is granted, 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 motion is otherwise denied.
H. MILLER, J.P., COZIER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26681
PL/sl
|
2004-09001 In the Matter of George Thorsen, appellant, v Nassau County Civil Service Commission, respondent. (Index No. 11658/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 20, 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
M26704
F/
PETER B. SKELOS, J.
|
2005-01766 The People, etc., plaintiff, v Troy Brooks, defendant. (Ind. No. 10432/96)
| 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 7, 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.
PETER B. SKELOS
Associate Justice
Appellate Division : Second Judicial Department
M26702
F/
PETER B. SKELOS, J.
|
2004-10659 The People, etc., plaintiff, v Abraham Chico, defendant. (Ind. No. 01-01642)
| 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, Westchester County, dated October 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.
PETER B. SKELOS
Associate Justice
Appellate Division : Second Judicial Department
M26705
F/
PETER B. SKELOS, J.
|
2004-08168 The People, etc., plaintiff, v Jonathan Crawford, defendant. (Ind. No. 1936/78)
| 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 August 17, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
PETER B. SKELOS
Associate Justice
Appellate Division : Second Judicial Department
M26708
F/
PETER B. SKELOS, J.
|
2004-09862 The People, etc., plaintiff, v Ernest Hill, defendant. (Ind. No. 1943/00)
| 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 October 20, 2004, 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.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M26871
S/sl
|
1999-02047
The People, etc., respondent, v Jeffrey Louisias, appellant. (Index No. 756/98)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Nassau County, rendered February 25, 1999.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 15, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M26703
F/
PETER B. SKELOS, J.
|
2005-01260 The People, etc., plaintiff, v Jamie Mendez, defendant. (Ind. No. 5969/97)
| 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 December 21, 2004, 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.
PETER B. SKELOS
Associate Justice
Appellate Division : Second Judicial Department
M26706
F/
PETER B. SKELOS, J.
|
2004-10665 The People, etc., plaintiff, v Jung Park, defendant. (Ind. No. 1321/94)
| 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 October 13, 2004, 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.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M26796
A/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-06947 The People, etc., respondent, v Calvert Pierre, appellant.
(Ind. No. 7552/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to file exhibits to his supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered July 24, 2003.
Upon the papers filed in support of the motion and the papers filed in relation 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
M26801
C/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-05988 The People, etc., respondent, v Barry Porter, appellant. (Ind. No. 3758/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to further enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 28, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appellant's time to serve and file the supplemental brief is enlarged, and the supplemental brief shall be served and filed on or before August 25, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26844
PL/sl
FRED T. SANTUCCI, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2002-03558 The People, etc., respondent, v Hector Rodriguez, appellant. (Ind. No. 6499/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered April 16, 2002, to unseal and release to the appellant's counsel the minutes of certain ex parte proceedings noted on page 353 of the minutes of the trial in the above-entitled action. By a decision and order on motion of this court dated December 30, 2004, as amended by decision and order on motion this court dated February 15, 2005, the motion was held in abeyance and the District Attorney was directed to file the above-mentioned minutes, with this court for in camera inspection
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon this court's inspection of the minutes, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M26707
F/
PETER B. SKELOS, J.
|
2004-09343 The People, etc., plaintiff, v Craig Samuels, defendant. (Ind. No. 8373/99)
| 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 September 10, 2004, 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.
PETER B. SKELOS
Associate Justice