Appellate Division: Second Judicial Department
M26981
L/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2003-10174
Allen Baker, respondent, v Ellen Marshall, appellant. (Index No. 15519/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated November 3, 2003.
Upon the stipulation of the attorneys for the respective parties, dated June 23, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26956
A/nal
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-05113
Cynthia Dimond, a/k/a Cindy Dimond, appellant, v Kazmierczuk & McGrath, etc., et al., respondents. (Index No. 15156/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated April 7, 2004, which was determined by decision and order of this court dated February 22, 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.
SANTUCCI, J.P., KRAUSMAN, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26962
Y/nal
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-06633, 2004-06634, 2004-06814
Fairfield Towers Condominium, respondent- appellant, v Fairfield Presidential Associates, et al., appellants-respondents.
(Index No. 19283/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent Richardson, LLC, joined by the other parties, to enlarge the time to perfect appeals from three orders of the Supreme Court, Kings County, dated September 11, 2003, January 2, 2004, and July 19, 2004, respectively.
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 appellants-respondents' time to perfect the appeals is enlarged until July 25, 2005, and the record or appendix on the appeals and the appellants-respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time will be granted; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ADAMS, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26961
A/nal
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-04780
Glenn R. Fitzgerald, appellant, v Doris M. Rivers, et al., respondents. (Index No. 7591/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Orange County, dated April 5, 2004, 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 no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26930
R/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
BARRY A. COZIER
SONDRA MILLER, JJ.
|
2004-06440 Dorothy Hulse, etc., et al., appellants, v Summerlin, LLC, et al., defendants third-party plaintiffs-respondents; Randy Munoz, et al., third-party defendants-respondents. (Index No. 97/00)
| DECISION & ORDER ON MOTION |
Motion by the defendants third-party plaintiffs-respondents O'Donnell Builders of Dutchess, Inc., and O'Donnell Development Corp. for leave to reargue an appeal from an order of the Supreme Court, Dutchess County, dated July 13, 2004, 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. Cross motion by the third-party defendants-respondents for leave to reargue the appeal.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion and cross motion are denied with one bill of $100 costs.
FLORIO, J.P., H. MILLER, COZIER and S. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26888
T/nal
|
2005-03317 Jackal Holdings, LLC, appellant, v JSS Holding Corp., et al., respondents. (Index No. 30002/04)
| 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 February 18, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 14, 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
M26923
S/sl
|
2005-00465
Warner Jenkins, et al., appellants, v City of New York, etc., et al., respondents. (Index No. 30310/96)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 8, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 1, 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
M26937
E/sl
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2005-04012 Michael Kamalian, etc., respondent, v Reader's Digest Association, Inc., et al., appellants.
(Index No. 5986/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Orange County, dated March 8, 2005, to stay disclosure 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.
ADAMS, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26920
R/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
|
2003-09986 Candace Lefferts, plaintiff, v Federated Department Stores, Inc., d/b/a Macy's, defendant third-party plaintiff-respondent; MG Concepts, third-party defendant-appellant, Fixture Perfect International and/or F.P.I., third-party defendant-respondent. (Index No. 23029/99)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant-appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated September 24, 2003, which was determined by decision and order of this court dated March 28, 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.
PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26970
Y/nal
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2004-07411
Theresa Lombardi, appellant, v State of New York, respondent. (Claim No. 98863)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Court of Claims dated June 30, 2004.
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 perfect the appeal is enlarged until July 25, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time will 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
M26954
J/nal
|
2005-00250 Carmine A. LoPresti, appellant, v Massachusetts Mutual Life Insurance Company, et al., respondents. (Index No. 12719/04)
| ORDER ON APPLICATION |
Joint application by the appellant and the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time (1) to perfect an appeal from an order of the Supreme Court, Kings County, dated October 19, 2004, (2) to serve and file the respondents' respective briefs, and (3) to serve and file the appellant's reply brief.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 2, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents' time to serve and file their respective briefs is enlarged until November 1, 2005, and the respondents' respective briefs must be served and filed on or before that date; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until November 21, 2005, and the appellant's reply brief must be served and file on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26921
S/sl
|
2005-00824
Victoria Lutz, respondent, v Bruce Goldstone, appellant. (Index No. 02528/94)
| 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, Westchester County, dated December 20, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 22, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26922
R/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-00169 Madison Equities, LLC, respondent, v MZ Management Corp., et al., appellants, et al., defendant. (Index No. 26969/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated December 22, 2003, which was determined by decision and order of this court dated April 25, 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.
SCHMIDT, J.P., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26949
R/nal
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-01561
Matrix Financial Services Corporation, respondent, v Peter G. McKiernan, appellant, et al., defendants. (Index No. 16653/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated December 6, 2004, which determined an appeal from an order of the Supreme Court, Westchester County, entered January 6, 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., LUCIANO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26924
R/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-05671 Thomas Milano, Sr., plaintiff-respondent, v James B. George, et al., defendants-respondents, Incorporated Village of Lynbrook, appellant. (Index No. 18116/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated June 16, 2004, which was determined by decision and order of this court dated April 25, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Separate motion by the appellant to stay the trial pending hearing and determination of the motion for leave to reargue or for leave to appeal to the Court of Appeals.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to reargue or for leave to appeal to the Court of Appeals is denied, with $100 costs; and it is further,
ORDERED that the motion which is to stay the trial is denied as academic.
PRUDENTI, P.J., SCHMIDT, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26964
A/nal
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2003-09789
North Shore Environmental Solutions, Inc., et al., appellants, v Allen K. Glass, etc., et al., respondents. (Index No. 19903/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, Jaro Zitnansky, in effect, for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated September 12, 2003, which was determined by decision and order of this court dated April 11, 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., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26953
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-07348 Wayne Papke, et al., plaintiffs-respondents, v Morgan Realty Corp., et al., defendants third-party plaintiffs-appellants; New York City Storage, Inc., third-party defendant-respondent. (Index Nos. 1097/02, 7610/02)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 23, 2004.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is 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
M26940
R/nal
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-04605
Perkins Davis Group, Inc., respondent, v Chelsea 82973, LLC, et al., defendants; Harvey Wiles, nonparty-appellant.
(Index No. 4507/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Suffolk County, dated March 15, 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 branch of the motion which is for a stay is granted and enforcement of the order dated March 15, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 25, 2005, and upon further condition that on or before July 12, 2005, any funds currently in the possession and under the control of the defendant Pearl Gold, LLC, up to the sum of $231,417, be placed in an interest-bearing escrow account with Edward A. Wilner, Esq., the attorney of the respondent, Perkins Davis Group, Inc., pending hearing and determination of the appeal; and it is further,
ORDERED that in the event the above conditions are not complied with, 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 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
M26935
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-05427, 2005-05428 Eric Puletti, appellant, v Maria Puletti, respondent.
(Index No. 5468/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Richmond County, both dated June 2, 2005, to stay enforcement of the order granting a money judgment 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 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
M26952
S/nal
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-05717
Clorinda Pyros, appellant, v Charles Dengel, respondent. (Action No. 1) (Index No. 26557/00) Charles R. Capobianco, respondents, v Charles C. A. Dengel, defendant, Clorinda Pyros, et al., appellants. (Action No. 2) (Index No. 24517/00)
| DECISION & ORDER ON MOTION |
Appeal by Clorinda Pyros and Elizabeth Pyros from a so-ordered transcript of the Supreme Court, Suffolk County, dated May 3, 2005.
Now, upon the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the so-ordered transcript is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701[a]).
KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26927
S/sl
|
2005-00110
Chad Saccomagno, respondent, v City of New York, defendant, New York City Transit Authority, appellant. (Index No. 12625/93)
| 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 10, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 22, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26945
Y/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2003-10434, 2004-04048
Alter Yitzchok Elimelich Safrin, et al., appellants, v DST Russian & Turkish Bath, Inc., et al., respondents. (Index No. 24388/00)
| 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 28, 2005, which determined appeals from two orders of the Supreme Court, Kings County, dated September 22, 2003, and March 23, 2004, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26947
Y/nal
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
|
2004-02489
Kamran Shafqat, et al., appellants, v Jamie Blackman, et al., respondents. (Index No. 28875/95)
| 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 21, 2005, which determined an appeal from an order of the Supreme Court, Kings County, dated January 23, 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.
PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26936
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-04787 Alana Tasgal, respondent, v HSBC Bank USA, et al., appellants.
(Index No. 4658/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants HSBC Bank USA and Guy C. Mascioli on an appeal from an order of the Supreme Court, Queens County, dated March 4, 2005, to stay the trial in the above-entitled action pending hearing and determination of the appeal, and cross motion by the respondent to dismiss the appeal as untimely taken.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion and the cross motion are denied.
H. MILLER, J.P., COZIER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26958
A/nal
THOMAS A. ADAMS, J.P.
BARRY A. COZIER
FRED T. SANTUCCI
REINALDO E. RIVERA, JJ.
|
2003-01860
Harold Warren, et al., respondents, v City of New York, appellant. (Index No. 26719/91)
| DECISION & ORDER ON MOTION |
Motion by the respondents, in effect, for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, entered February 6, 2003, which was determined by decision and order of this court dated March 14, 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.
ADAMS, J.P., COZIER, SANTUCCI and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26957
A/nal
HOWARD MILLER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
ROBERT A. LIFSON, JJ.
|
2004-07921
Igor Zekhtser, et al., respondents, v Daniel J. Darby, appellant. (Index No. 3384/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated July 12, 2004, which was determined by decision and order of this court dated April 11, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
H. MILLER, J.P., S. MILLER, GOLDSTEIN, MASTRO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26967
A/nal
ANITA R. FLORIO, J.P.
HOWARD MILLER
DAVID S. RITTER
REINALDO E. RIVERA, JJ.
|
2005-02114
In the Matter of Beatrice C. Bauer, deceased. Eileen Curley, et al., appellants; Estate of Robert Maloney, et al., respondents. (File No. 2147/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Surrogate's Court, Westchester County, dated February 17, 2005, for a preference in the calendaring and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., H. MILLER, RITTER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26938
A/nal
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2005-05725, 2005-05728 In the Matter of Efraim C. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, appellant; Gloria O. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Leugarda C. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, appellant; Gloria O. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Aaron M. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, appellant; Gloria O. (Anonymous), et al., respondents. (Proceeding No. 3) In the Matter of Israel M. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, appellant; Gloria O. (Anonymous), et al., respondents. (Proceeding No. 4) (Docket Nos. N-14919/05, N-14920/05, N-14921/05, N-14922/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Family Court, Kings County, dated June 6, 2005, and June 14, 2005, respectively, to stay enforcement of the orders to the extent that the child Israel M. was paroled to the respondents, and to remand the child Israel M. to the custody of the appellant, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26942
S/nal
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-00220
In the Matter of City of New York, Sanitation Garage Brooklyn District 3 and 3A, respondent; 60 Nostrand Ave., LLC, et al., appellants. (Proceeding No. 1) (Index No. 37905/03) 2005-00729 In the Matter of Marcy Housing Tenants Association, etc., et al., appellants, v City of New York, et al., respondents. (Proceeding No. 2) (Index No. 8828/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants in Proceeding No. 2 to consolidate appeals from two orders of the Supreme Court, Kings County, dated December 1, 2004 (Appellate Division Docket No. 2005-00220), and January 5, 2005 (Appellate Division Docket No. 2005-00729), respectively.
Upon the papers submitted in support of the motion and no papers having been submitted in opposition thereto, it is
ORDERED that the motion is granted, the appeals are consolidated, and the parties are directed to file 10 copies of the joint record or appendix and their respective briefs; and it is further,
ORDERED that on the court's own motion the appellants' time to perfect the appeals is enlarged until September 12, 2005, and the joint record or appendix and the appellants' respective briefs shall be served and filed on or before that date.
ADAMS, J.P., S. MILLER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26951
R/nal
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-10580
In the Matter of Joseph Gil, appellant, v New York State Division of Human Rights, et al., respondents. (Index No. 9906/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated April 4, 2005, which determined an appeal from a judgment of the Supreme Court, Westchester County, dated October 27, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26934
E/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2005-03965 In the Matter of Elizabeth Hogan, etc., et al., appellants, v New York State Division of Housing and Community Renewal, et al., respondents.
(Index No. 6612/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from a judgment of the Supreme Court, Queens County, dated January 24, 2005, inter alia, to clarify a decision and order on motion of this court dated May 17, 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.
SANTUCCI, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26882
S/nal
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-09550
In the Matter of Catherine K. (Anonymous). Young Leventhal Moriwaki & Isaacs, LLP, nonparty-appellant. (Index No. 19265/94)
| DECISION & ORDER ON APPLICATION |
Appeal by the nonparty, Young Leventhal Moriwaki & Isaacs, LLP, from an order of the Supreme Court, Queens County, dated September 2, 2003. By decision and order dated December 20, 2004, the matter was remitted to the Supreme Court, Queens County, to set forth the factors considered and the reasons for its determination with respect to the appellant's request for an award of an attorney's fee, and the appeal was held in abeyance in the interim. The Supreme Court, Queens County, has filed its report. Application by the appellant for leave to serve and file a letter-memorandum responding to the report of the Supreme Court, Queens County.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the appellant shall file 9 copies and serve one copy of a letter-memorandum in response to the report of the Supreme Court, Queens County, on or before July 15, 2005.
SCHMIDT, J.P., SANTUCCI, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26819
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2003-05781
In the Matter of James G. Kalpakis, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; James G. Kalpakis, respondent. (Attorney Registration No. 2276053)
| DECISION & ORDER ON MOTION |
Motion by the respondent, James G. Kalpakis, for an extension of the effective date of his suspension until June 30, 2005, on the ground that he requires additional time to wind down his practice in an orderly fashion and thereby prevent prejudice to his clients. By opinion and order of this court dated April 11, 2005, the respondent was suspended from the practice of law for a period of two years, commencing May 11, 2005, and continuing until the further order of this court. By order of this court dated May 5, 2005, the effective date of the suspension was stayed pending disposition of the instant motion. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 19, 1989.
Upon the papers filed in support of the motion and the petitioner taking no position with respect thereto, it is
ORDERED that the motion is granted and the effective date of the suspension is extended up to and including June 30, 2005.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26948
Y/nal
HOWARD MILLER, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
ROBERT A. LIFSON, JJ.
|
2003-11301, 2003-11302
In the Matter of Ellen Piterniak, deceased. Ellen Jane Piterniak Cinque, respondent; Robert Piterniak, et al., appellants. (File No. 654/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue appeals from a decree of the Surrogate's Court, Suffolk County, dated November 21, 2003, and an amended decree of the same court dated November 21, 2003, which were determined by decision and order of this court dated March 14, 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 payable by the appellants personally.
H. MILLER, J.P., RITTER, MASTRO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26939
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2005-05238 In the Matter of Arthur Smyles, et al., petitioners, v State of New York, etc., et al., respondents. (Index No. 17160/04)
| 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 matter is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal by the petitioners from an order of the Supreme Court, Nassau County, dated April 27, 2005, which, upon, inter alia, in effect, granting that branch of the respondents' motion which was to dismiss in part a proceeding pursuant to CPLR article78, transferred the remainder of the proceeding to this court pursuant to CPLR 7804(g).
Now, on the court's own motion, it is
ORDERED that the notice of appeal from so much of the order as dismissed the proceeding in part is treated as an application for leave to appeal from that part of the order and leave to appeal is granted (see CPLR 5701[c]).
H. MILLER, J.P., RITTER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26820
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2002-09693
In the Matter of John Spiridakis, a suspended attorney. (Attorney Registration No. 1983592)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, John Spiridakis, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated March 1, 2004, the respondent was suspended from the practice of law for a period of one year, effective April 1, 2004, as a result of a disciplinary proceeding sustaining nine charges of professional misconduct against him. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 1, 1985.
Upon the papers filed in support of the motion and the papers submitted in response thereto, it is
ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney, including but not limited to: (1) the status of the pending complaint before the Grievance Committee against the respondent filed by his former client, Ms. Brounson, as well as of her underlying action for which the respondent had been previously retained, and (2) the respondent's income tax return for 2004, if any.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26950
S/nal
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-01085, 2005-01086, 2005-01154, 2005-01155, 2005-01156
In the Matter of Theresa Helen T. (Anonymous), a/k/a Theresa Helen D. (Anonymous), a/k/a Theresa T. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Christina Shannon T. (Anonymous), a/k/a Christina T. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 2 ) In the Matter of Silvia Marie D. (Anonymous), a/k/a Silvia D. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 3 ) In the Matter of Patricia D. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 4 ) (Docket Nos. B-11446/02, B-11448/02, B-11447/02, N-4878/96, N-4879/96, N-4880/96, N-4881/96)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant Debra D. T. on appeals from five orders of the Family Court, Queens County, dated May 31, 2004 (Appellate Division Docket No 2005-01155), October 21, 2004 (Appellate Division Docket No. 2005-01156), November 18, 2004 (Appellate Division Docket No. 2005-01085), and two dated November 30, 2004 (Appellate Division Docket Nos. 2005-01086 and 2005- 01154), for leave to prosecute the appeals 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 or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeals 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 appeals, 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 for Debra D. T. to prosecute the appeals:
Steven P. Forbes, Esq.
90-50 Parsons Blvd.
# 401
Jamaica, N.Y. 11432
(718) 791-8444
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals 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 appeals are taken.
KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26724
S/nal
ANITA R. FLORIO, J.P.
HOWARD MILLER
DAVID S. RITTER
REINALDO E. RIVERA, JJ.
|
2005-02246
In the Matter of Sharron Willis, respondent, v Vassell Watson, appellant. (Docket No. O-126/05)
| DECISION & ORDER ON MOTION |
Appeal by Vassell Watson from an order of the Family Court, Richmond County, dated January 26, 2005. By order to show cause dated May 4, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 18, 2005, issued pursuant to 22 NYCRR 670.4(a). Motion by the attorney assigned to represent the appellant in the above-entitled proceeding to be relieved and to assign new counsel to prosecute the appeal and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED that the motion by assigned counsel 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 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:
Catherine S. Bridge, Esq.
1358 Clove Road
Staten Island, N.Y. 10301
(718) 448-9600
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 the motion to dismiss the appeal is denied; 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.
FLORIO, J.P., H. MILLER, RITTER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26971
C/nal
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
1999-02050 The People, etc., respondent, v Michael Hale, appellant. (Ind. No. 8776/96)
| DECISION & ORDER ON MOTION |
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 Supreme Court, Kings County, rendered February 10, 1999.
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 brief shall be served and filed on or before August 30, 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.
H. MILLER, J.P., COZIER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26711
S/sl
THOMAS A. ADAMS, J.
|
2005-04164
The People, etc., plaintiff, v William Henry Harrison, defendant. (Ind. No. 261/81)
| 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 30, 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.
THOMAS A. ADAMS
Associate Justice
Appellate Division : Second Judicial Department
M26170
F/
THOMAS A. ADAMS, J.
|
2005-03413 The People, etc., plaintiff, v Neville Mohabir, defendant. (Ind. No. 3856/93)
| 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 19, 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.
THOMAS A. ADAMS
Associate Justice