Appellate Division: Second Judicial Department
M26876
S/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-07376 Shamwatty M. Ali, appellant, v Jean Seymoore, respondent. (Index No. 2129/03)
| DECISION & ORDER ON MOTION |
The plaintiffs having appealed to this court from an order of the Supreme Court, Queens County, dated June 25, 2004, and this court having noticed the matter for a CAMP conference and counsel for the appellant having failed to appear at the conference without excuse. By order to show cause dated January 10, 2005, counsel for the appellant was directed to show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, the law firm of Elliot Ifraimoff & Associates, counsel for the appellant, is directed to pay a sanction in the sum of $500 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve counsel for the parties with a copy of this decision and order on motion; and it is further,
ORDERED that within 10 days after payment of the sanction, counsel for the appellant shall file proof of payment with the Clerk of this court.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26898
CF/
|
2005-01672 Mary Jane Anderson, et al., respondents, v John Famosi, et al., appellants. (Index No. 12392/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated December 21, 2004.
Upon the stipulation of the parties, dated June 8, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26903
C/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
ROBERT A. LIFSON, JJ.
|
2003-11061, 2003-11095, 2004-03158 Best Sound and Security, Inc., respondent, v New York City Police Department, et al., appellants. (Index No. 13659/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue appeals from three orders of the Supreme Court, Queens County, dated November 6, 2003, December 17, 2003 and March 2, 2004, respectively, which were determined by decision and order of this court dated March 21, 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.
H. MILLER, J.P., RITTER, MASTRO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26896
CF/
|
2005-01174 Cedal, USA, respondent, v Multiline Technology, Inc., appellant. (Index No. 31032/02)
| 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 January 11, 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
M26901
CF/
|
2005-02136 Josephine D'Aloia, et al., respondents, v S.S. Joachim, et al., appellants. (Index No. 30361/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 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
M26891
CF/
|
2005-04188 Fatima Dominguez, respondent, v Napoleon Realty, Inc., appellant. (Index No. 12551/02)
| 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 April 1, 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
M26886
T/sl
|
2004-09441 Thomas Eliopoulos, appellant, v CNA, respondent. (Index No. 3169/00)
| 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, Orange County, dated August 3, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 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
M26864
CF/
|
2005-05114 Marie Camy Felix, respondent, v County of Nassau, appellant, et al., defendants. (Index No. 11375/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 2, 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
M26919
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2004-02973, 2004-07021 Nicki Fotiadis, appellant, v John Fotiadis, respondent. (Index No. 200673/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue appeals from two orders of the Supreme Court, Nassau County, entered February 19, 2004, and July 17, 2004, respectively, which were determined by decision and order of this court dated May 23, 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.
RITTER, J.P., GOLDSTEIN, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26910
CF/
|
2005-01445 Friedrich Real Estate, Inc., respondent, v Thomas Porter, et al., appellants. (Index No. 18738/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 10, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26885
CF/
|
2005-01025 Gilmour Supply Co., Inc., respondent, v Millenium Sprinkler Corp., defendant, Carl Capezza, appellant. (Index No. 35276/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated January 5, 2005.
Upon the stipulation of the parties, dated June 16, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26918
C/sl
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-03538 Maher Kasem, et al., appellants, v U.S.A. Mini Storage, et al., defendants; BNC Storage, LLC, d/b/a American Self Storage, nonparty-respondent. (Index No. 47015/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants 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 March 17, 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.
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26900
CF/
|
2005-01307 Michelle Longo, plaintiff-respondent, v Town of Brookhaven, defendant, Joseph Tautonico, appellant, Atlantic Detroit Diesel Allison, LLC, et al., defendants-respondents. (Index No. 5950/03)
| 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 January 3, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26914
C/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-09754 Rose Malaga, a/k/a Rose Colombo, respondent, v Cesar A. Malaga, appellant. (Index No. 89-8328)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an amended judgment of the Supreme Court, Suffolk County, entered September 29, 2003, which was determined by decision and order of this court dated April 25, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26866
CF/
|
2005-04078 Mary Immaculate Hospital, a/a/o Courtney Johnson, et al., appellants, v Progressive Casualty Insurance Company, respondent. (Index No. 13722/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 13, 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
M26863
CF/
|
2005-05001 Millenium Land Developers, Inc., appellant, v Antonio Corso, etc., et al., respondents. (Index No. 29767/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 23, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26905
CF/
|
2004-09810 Mint Julep, LLC, respondent, v Surfside 3 Marina, appellant. (Index No. 6922/04)
| 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 30, 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
M26911
CF/
|
2005-03473 Doreen O'Donohue, et al., respondents, v Mainco Elevator & Electrical Corp., appellant. (Index No. 14975/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 1, 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
M26907
CF/
|
2005-01813 Jean Passarelli, appellant, v Sanjiv Sharma, etc., et al., respondents. (Index No. 7474/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated January 13, 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
M26906
C/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-00854 Edith Pendulik, appellant, v East Hampton Union Free School District, et al., respondents, et al., defendants. (Index No. 3193/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated December 17, 2003, which was determined by decision and order of this court dated April 4, 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.
COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26884
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2004-07684, 2005-02204 Patricia Penna, respondent, v Henry Penna, appellant.
(Index No. 15546/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated February 3, 2005, on the ground that the appendix is inadequate, or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief 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; 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
M26912
C/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2003-07397 Giacinto V. Pira, appellant, v Sterling Equities, Inc., d/b/a New York Metropolitans, et al., respondents. (Index No. 42204/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated June 11, 2003, which was determined by decision and order of this court dated March 7, 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.
H. MILLER, J.P., COZIER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26842
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-06572 Public Administrator of Kings County, etc., respondent, v Sarafino Tomassetti, et al., appellants, et al., defendant. (Index No. 41660/95)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated June 16, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
The defendants Sarafino Tomassetti and Maria Tomassetti having appealed to this court from an amended judgment of the Supreme Court, Kings County, dated June 19, 2003, having perfected the appeal on June 4, 2004, and the respondent having filed a brief on August 3, 2004, the appeal was placed on this court's calendar for April 18, 2005. By letter dated April 6, 2005, the respondent's counsel advised this court that the action had been settled. Thereafter, upon inquiry from the court, by letter dated April 11, 2005, the appellants' counsel requested leave to withdraw the appeal. Attached thereto was a letter from the respondent's counsel, also dated April 11, 2005, stating that the respondent had been paid in September 2004 and considered the matter resolved in full. A satisfaction of judgment dated April 11, 2005, was also submitted.
By order to show cause dated April 27, 2005, the parties and their counsel were directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against them pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate.
Now, on the court's own motion and the papers filed in opposition thereto, it is
ORDERED that the reply affirmations submitted by counsel for the plaintiffs are rejected and have not been considered in the determination of the motion; and it is further,
ORDERED that within 20 days after the service upon them of a copy of this decision and order on motion, Bower, Sanger & Lawrence, P.C., counsel for the appellants, and Thomas Torto, Esq., appellate counsel for the plaintiff, are each directed to pay a sanction in the sum of $500 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]); and it is further,
ORDERED that the Clerk of the Supreme Court, Kings County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail.
Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).
Under the circumstances the failure of both counsel for the appellants and appellate counsel for the plaintiff to promptly advise this court that the action had been settled warrants imposition of sanctions in the amount indicated.
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26892
CF/
|
2005-02068 Quincy Mutual Fire Insurance Company, respondent, v Christopher P. Dyroff, et al., appellants, et al., defendant. (Index No. 4594/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Richard Feeney to withdraw an appeal from an order of the Supreme Court, Orange County, dated January 31, 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 by Richard Feeney is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26915
C/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-02512 Jose Rivera, appellant, v State of New York, respondent. (Claim No. 109220)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Court of Claims, dated February 18, 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 branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,
ORDERED that the branch of the motion which is to dispense with printing 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.
H. MILLER, J.P., COZIER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26897
CF/
|
2005-01518 Denise Rodriguez, appellant, v John J. Riga, et al., respondents. (Index No. 21156/02)
| 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 November 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
M26895
T/sl
|
2005-01251 Rita Ross, appellant, v Clyde-Beatty-Cole Brothers Circus, et al., respondents. (Index No. 916/03)
| 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, Putnam County, dated December 23, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 22, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26890
CF/
|
2005-04617 Rafael Saiz, appellant, v Theodora Villanueva, et al., respondents. (Index No. 20825/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 12, 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
M26909
CF/
|
2005-02736 Timothy Sexton, et al., respondents, v Clarence Hunter, et al., appellants. (Index No. 26666/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 22, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26908
CF/
|
2005-01950 Dorothy Smith, et al., respondents, v Nationwide Mutual Insurance Company, appellant. (Index No. 664/04)
| 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 January 6, 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
M26889
CF/
|
2005-02488 Mary Jo Vettoretti, appellant, v Janet A. Lyons, et al., respondents. (Index No. 267/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Putnam County, dated February 9, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26899
CF/
|
2005-04883 Monika Wasilewska, respondent, v Eileen Ingberg, appellant. (Index No. 32955/03)
| 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 April 6, 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
M26887
C/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2005-00548, 2005-00550 Margaret Wilson, plaintiff-respondent, v Bruce Wilson, defendant-respondent; Jerome Wisselman, P.C., nonparty-appellant. (Index No. 3914/04)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to enlarge the record on appeals from two orders of the Supreme Court, Suffolk County, dated August 13, 2004, and December 23, 2004, respectively, to include pleadings filed by the defendant-respondent in an action entitled Wilson v Wisselman, pending in the United States District Court, for the Eastern District of New York, under index No. CV-05-2125.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., KRAUSMAN, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26837
C/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-05370 In the Matter of Dominque D. (Anonymous). Administration for Children's Services, respondent; Shannon H. (Anonymous), appellant. (Proceeding No. 1) (Docket No N-07304-01/05) In the Matter of Amanda D. (Anonymous). Administration for Children's Services, respondent; Shannon H. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-07305-01/05) In the Matter of Edward D. (Anonymous). Administration for Children's Services, respondent; Shannon H. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-07306-01/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated May 6, 2005, inter alia, to stay enforcement of the order pending hearing and determination of the appeal, for a preference in the hearing and determination of the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of Daniel P. Moskowitz as counsel on the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of the order pending hearing and determination of the appeal is denied; and it is further,
ORDERED that the branch of the motion which is for a preference in the hearing and determination of the appeal is denied as unnecessary (see CPLR 5521); and it is further,
ORDERED that the branch of the motion which is for poor person relief and the assignment of counsel is granted; 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 minutes 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:
Daniel P. Moskowitz
90-50 Parsons Boulevard, Suite 401
Jamaica, New York 11432
(718) 812-8248
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; 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
M26894
CF/
|
2005-02490 In the Matter of Government Employees Insurance Company, petitioner-respondent, v Ann M. DeRosa, respondent-appellant, et al., respondents. (Index No. 23923/04)
| 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 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
M26902
CF/
|
2004-10145 In the Matter of Simeon H. (Anonymous), appellant. (Docket No. D-15634/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated 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
M26879
M/nal
|
2004-10146 In the Matter of Isaiah I. (Anonymous), appellant. (Docket No. D-06928/04)
| SCHEDULING ORDER |
Appeal by Isaiah I. from an order of the Family Court, Kings County, dated November 4, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 17, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M26861
CF/
|
2005-04319 In the Matter of Lancer Insurance Company, appellant, v James Abate, et al., respondents. (Index No. 23104/04)
| 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 April 8, 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
M26917
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-04359, 2004-04361
In the Matter of Niksus Realty, LLC, appellant, v Assessor of Town of Greenburgh, et al., respondents.
(Index No. 15273/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from two orders of the Supreme Court, Westchester County, both dated October 7, 2003.
Upon the stipulation of the attorneys for the respective parties, dated June 16, 2005, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26916
C/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-01426, 2005-01428 In the Matter of Nasheem P. (Anonymous), appellant. (Docket No. D-36314-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of appeals from two orders of the Family Court, Kings County, both dated February 2, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied as unnecessary (see CPLR 5521).
H. MILLER, J.P., COZIER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26883
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2004-08091 In the Matter of Athinkakis Pericleous, appellant, v Moska Megaris, respondent. (Docket No. F-10572-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, dated July 13, 2004, for leave to reargue a motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, which was determined by decision and order of this court dated April 27, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., COZIER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26878
M/nal
|
2005-01847
In the Matter of Patricia E. Tahaney, respondent, v James E. Van Slyke, appellant. (Docket No. F-00509-03)
| ORDER TO SHOW CAUSE |
Appeal by James E. Van Slyke from an order of the Family Court, Suffolk County, dated January 25, 2005. By scheduling order dated May 13, 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 13, 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 8, 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
M26904
CF/
|
2003-09284 The People, etc., respondent, v Steven Eiseman, appellant. (Index No. 488/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Queens County, rendered September 16, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26881
PL/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2002-09952
The People, etc., respondent, v Charles Kimbrough, appellant. (Ind. No. 00-00458)
| 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 October 23, 2002, 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 remitted 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 the County Court, Orange County on December 11, 2001; 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 or 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.
ADAMS, J.P., S. MILLER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26913
C/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2004-03375 The People, etc., respondent, v Von Ross, appellant. (S.C.I. No. 2004-103)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated April 7, 2005, which dismissed an appeal from a judgment of the County Court, Orange County, rendered March 4, 2004, on the ground that the notice of appeal was not timely filed and the appellant had not timely moved for leave to extend his time to take an appeal (see CPL 460.30).
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., COZIER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court