Appellate Division: Second Judicial Department
M27027
S/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT, JJ.
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1999-04951 Anonymous, appellant, v Anonymous, et al., respondents. (Index No. 28271/96)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated May 9, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant ex parte, inter alia, to expunge this court's file on an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated April 7, 1999.
Upon the papers filed in support of the motion, it is
ORDERED that the motion is granted to the extent that (1) the caption of the above-entitled appeal shall be changed to "Anonymous v Anonymous" and (2) all papers still on file with this court shall be marked confidential, and the motion is otherwise denied.
PRUDENTI, P.J., FLORIO, H. MILLER and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27017
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2004-09715
Fira Babickaia, respondent, v Zhanna Kanevsky, appellant, et al., defendants. (Index No. 1201/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 21, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27000
Y/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
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2005-02046 Bank One National Association, etc., respondent, v Paul Murphy, et al., appellants. (Index No. 15733/02)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered November 24, 2004, on the ground that it was not timely taken.
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.
H. MILLER, J.P., COZIER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27014
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2005-00877
Ira Berliner, respondent, v Marianne Berliner, appellant. (Index No. 2357/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated December 20, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 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
M27026
Y/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
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2005-00477 Peter Byrne, plaintiff, v Paul K. Leblond, et al., defendants; Michael A. Zimmerman & Associates, P.C., nonparty-appellant; Rovegno & Taylor, P.C., nonparty-respondent. (Index No. 38696/93)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent on an appeal from an order of the Supreme Court, Kings County, dated November 5, 2004, inter alia, to direct the nonparty-appellant to deposit the entire disputed legal fee into an escrow account, pending hearing and determination of the appeal, and application pursuant to pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and application and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that, on or before July 20, 2005, the nonparty-appellant is directed to deposit $39,662.29 into an escrow account pending hearing and determination of the appeal, and the motion is otherwise denied; and it is further,
ORDERED that the application is granted and the nonparty-appellant's time to perfect the appeal is enlarged until August 29, 2005, and the record or appendix on the appeal and the nonparty-appellant's brief must be served and filed on or before that date.
ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27058
T/sl
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2005-01466
Anthony A. Campbell, appellant, v Mohammad R. Vakili, a/k/a Reza Vakili Mohammad, et al., respondents. (Index No. 8750/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered January 5, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 11, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26992
A/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2004-10255 Citibank, N.A., respondent, v Michael Swiatlowski, et al., appellants, et al., defendants.
(Index No. 1197/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants pro se on an appeal from an order of the Supreme Court, Nassau County, dated November 10, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on the court's own motion the respondent's time to serve and file a brief is enlarged until August 2, 2005, and the respondent's brief must be served and filed on or before that date.
ADAMS, J.P., KRAUSMAN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27015
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2004-10357
Edelweiss (USA), Inc., respondent, v Vengroff Williams & Assocs., Inc., et al., appellants. (Index No. 6592/03)
| ORDER ON APPLICATION |
Application by the appellant Vengroff Williams & Assocs., Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated September 28, 2004.
ORDERED that the application is granted and the time of the appellant Vengroff Williams & Assocs., Inc., to perfect its appeal is enlarged until July 8, 2005, and the brief of that appellant must be served and filed on or before that date .
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27002
Y/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
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2004-04883, 2004-04885 Joan E. Evans, respondent, v Bret A. Evans, appellant. (Index No. 3567/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated April 18, 2005, which dismissed appeals from two orders of the Supreme Court, Suffolk County, dated April 30, 2004, and May 20, 2004, respectively, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeals, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and no papers having been filed in relation or 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
M27024
Y/sl
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
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2004-07760 Tzivia Fryer, et al, respondents, v Maimonides Medical Center, et al., defendants, Lawrence Cohen, etc., appellant. (Index No. 22883/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 21, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; 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.
SCHMIDT, J.P., S. MILLER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26974
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2003-11096, 2004-04943
Gihon, LLC, respondent, v 501 Second Street, LLC, appellant. (Appeals Nos. 1 and 2) 2004-06947 Gihon, LLC, respondent, v 501 Second Street, LLC, appellant. (Appeal No. 3) 2004-11181 Gihon, LLC, respondent, v 501 Second Street, LLC, et al., appellants. (Appeal No. 4) (Index No. 3446/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on appeals from a judgment and an order of the Supreme Court, Kings County, dated November 13, 2003, and October 22, 2003, respectively (Appellate Division Docket Nos. 2004-04943 and 2003-11096), a judgment of the same court dated June 29, 2004 (Appellate Division Docket No. 2004-06947), and an order of the same court dated December 2, 2004 (Appellate Division Docket No. 2004-11181). Separate application by the appellants to enlarge the time to serve and file their reply brief.
ORDERED that the application is granted and the respondent's time to serve and file briefs is enlarged until August 16, 2005, and the respondent's briefs must be served and filed on or before that date; and it is further,
ORDERED that the reply brief shall be served and filed on or before September 12, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26966
E/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
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2005-01284 Joseph Gulino, respondent, v Joseph A. Gulino, et al., appellants. (Index No. 12706/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Richmond County, dated January 26, 2005, for leave to serve and file a supplemental record containing an affirmation of Howard M. File dated October 5, 2004, and an affidavit of Annamarie G. Gentile dated October 7, 2004, with attached exhibits, and 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 for leave to serve and file a supplemental record containing the affidavit of Annamarie G. Gentile dated October 7, 2004, with attached exhibits, is granted and on or before July 25, 2005, the respondent shall serve and file a supplemental record containing the affidavit of Annamarie G. Gentile dated October 7, 2004, with attached exhibits; and it is further,
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.
ADAMS, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27052
Y/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE, JJ.
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2005-05687 Scott Handler, respondent, v Paula Handler, appellant. (Index No. 200739/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered June 14, 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.
SCHMIDT, J.P., ADAMS, KRAUSMAN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27056
J/sl
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2004-06255
Sofia Herrera, et al., respondents, v Carlisle St. Martin, et al., appellants, et al., defendants. (Index No. 22418/94)
| 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 a judgment of the Supreme Court, Queens County, dated June 1, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 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
M26976
S/sl
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2005-05642 Jones Sledzik Garneau & Nardone, LLP, respondent, v Galit Schloss, appellant. (Index No. 11032/04)
| 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, Westchester County, dated November 15, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 20, 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
M27006
T/sl
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2005-00271, 2005-00273 Edward Kelley, a/k/a Adarsi Das, et al., appellants, v Aruna Garuda, a/k/a Aruna Devi Das, et al., respondents. (Index No. 7016/04)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, both entered October 28, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until August 19, 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
M27007
Y/sl
THOMAS A. ADAMS, J.P.
BARRY A. COZIER
DAVID S. RITTER
PETER B. SKELOS, JJ.
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2004-03948 William M. Magnone, et al., respondents, v Gemm Custom Brokers, Inc., appellant, et al., defendant. (Index No. 8092/99)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated March 11, 2004, which was determined by decision and order of this court dated April 11, 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, RITTER and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26979
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2004-09358
Matthew J. McGuckin, Jr., etc., appellant, v Snapple Distributors, Inc., et al., respondents. (Index No. 17920/03)
| 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, Westchester County, dated September 27, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 5, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26985
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2004-09346
Grace Miller, respondent, v Robert A. Miller, appellant. (Index No. 7092/04)
| 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, Westchester County, dated September 15, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 8, 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
M27035
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2004-10022, 2004-10023, 2005-00189, 2005-03039 Montgomery Group, LLC, respondent, v Town of Montgomery, et al., appellants. (Index No. 5988/02)
| 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 appeals from four orders of the Supreme Court, Orange County, two dated October 6, 2004, one dated December 6, 2004, and one dated March 17, 2005, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 11, 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
M27016
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2004-08785
Dustin Mooney, et al., plaintiffs-respondents, v City of New York, defendant-respondent, Covenant House, appellant-respondent, Agency for Child Services of the City of New York, respondent-appellant, et al., defendants.
(Index No. 17852/00)
| ORDER ON APPLICATION |
Application by the appellant-respondent 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, Queens County, dated July 19, 2004.
ORDERED that the application is granted and the reply brief of the appellant-respondent shall be served and filed on or before August 15, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27005
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2004-11176
Moshe Nimirovski, et al., respondents, v Vornado Realty Trust Co., et al., defendants, Kings Plaza Shopping Center of Avenue U, et al., defendants second and fifth third-party plaintiffs- appellants; Capone & Denilo, Inc., first, second, and third third-party defendant-appellant; BNJ Construction Corp., fifth and sixth third-party defendant-appellant; BNF Contractors, Inc., seventh and eighth third-party defendant-appellant (and other third-party actions). (Index No. 19321/99)
| ORDER ON APPLICATION |
Application by the appellants Kings Plaza Shopping Center of Avenue U, and Kings Plaza Shopping Center of Flatbush Ave, Inc., 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 29, 2004.
ORDERED that the application is granted and the appellants' time to perfect their appeals is enlarged until August 29, 2005, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26982
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2004-08492
One Beacon Insurance, f/k/a CGU Insurance Companies, etc., et al., respondents, v City of White Plains, appellant, et al., defendants. (Action No. 1) (Index No. 10810/02)
Broadmar Company, LLC., respondent, v City of White Plains, appellant, et al., defendant. (Action No. 2) (Index No. 2396/02)
| ORDER ON APPLICATION |
Application by the respondents in Action No. 1 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, Westchester County, dated September 3, 2004.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until August 5, 2005, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26975
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2004-09718
P. T. & L. Contracting Corporation, appellant, v Trataros Construction, Inc., et al., respondents. (Index No. 12157/99)
| 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 a judgment of the Supreme Court, Kings County, dated October 5, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 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
M26850
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
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2005-01551 People of the State of New York, respondent, v Joe L. Collins, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a determination of the Supreme Court, Nassau County, dated October 30, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Nassau County, continues on appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the filing fee is waived (see CPLR 1103[d]); 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.
H. MILLER, J.P., COZIER, RITTER, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27009
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2005-00102
Emiliano Perez, appellant, v Musa Paljevic, respondent. (Index No. 15831/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 16, 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
M26960
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
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2005-04620 Eugene Pinsky, respondent, v Jewish Home and Hospital for Aged, et al., appellants. (Index No. 28210/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated February 4, 2005, for leave to correct the notice of appeal to accurately reflect that the defendants are the proper appellants, and cross motion by the respondent to dismiss the appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the notice of appeal is deemed corrected to reflect that the defendants are the proper appellants (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605); and it is further,
ORDERED that the cross 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
M27037
S/sl
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2004-09865
Julio Rios, et al., respondents-appellants, v City of New York, et al., defendants-respondents, New York City Transit Authority, appellant- respondent. (Index No. 13271/96)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Richmond County, dated October 6, 2004.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until June 30, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27047
M/nal
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2005-01367 Carl A. Scheuering, appellant, v Nancy Scheuering, respondent. (Index No. 4350-03)
| SCHEDULING ORDER |
Appeal by Carl A. Scheuering from an order of the Supreme Court, Orange County, dated January 11, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until July 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27029
Y/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2004-06433 Michael Sharp, plaintiff, v Linda Sharp, appellant, Kenneth J. Glassman, nonparty- respondent.
(Index No. 27393/99)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent on an appeal from a judgement of the Supreme Court, Suffolk County, entered May 7, 2004, to strike portions of the appellant's record and brief on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief. Cross motion by the appellant, inter alia, for summary reversal.
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 is granted to the extent that the nonparty-respondent's time to serve and file a brief is enlarged until July 28, 2005, and the nonparty-respondent's brief must be served and filed on or before that date, and the motion is otherwise denied; and it is further,
ORDERED that the cross 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
M27046
J/sl
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2005-01733, 2005-03524
John E. Simone, et al., respondents, v Jay J. Heidelberg, et al., appellants.
(Index No. 10802/04)
| 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 appeals from an order of the Supreme Court, Richmond County, dated December 20, 2004, and an order and judgment (one paper) from the same court dated February 14, 2005.
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
M26965
Y/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2004-08283 Prabhy Jot Singh, et al., appellants-respondents, v E. Atakhanian, a/k/a Yourik Atakhanian, et al., respondents-appellants. (Index No. 4796/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to enlarge the time to perfect an appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Queens County, entered October 15, 2004.
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until July 15, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
H. MILLER, J.P., COZIER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26997
T/sl
|
2004-11317 Jeremias Torres, etc., et al., respondents, v City University of New York, et al., respondents- appellants, Dormitory Authority of the State of New York, appellant-respondent, Board of Education of the City of New York, et al., respondents. (Index No. 19989-02)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated November 5, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until August 22, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before September 21, 2005 (see 22 NYCRR 670.8 [c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26978
S/sl
|
2004-09905 Marie C. Vaval, appellant, v NYRAC, Inc., et al., respondents. (Index No. 1632/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated October 6, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 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
M26994
T/sl
|
2004-10115
William & Pat, Inc., appellant, v Vincent Vicari, et al., respondents. (Index No. 9888/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered October 14, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 5, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27038
R/sl
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2005-05960 In the Matter of AIG Centennial Insurance Company, petitioner-respondent, v Rangasammy Chunasamy, respondent-respondent, State Farm Mutual Insurance Company, additional respondent- appellant, et al., additional respondents.
(Index No. 12724/04)
| DECISION & ORDER ON MOTION |
Appeal by State Farm Mutual Insurance Company from a transcript of the Supreme Court, Queens County, dated May 10, 2005.
On the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717).
ADAMS, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27040
T/sl
|
2004-10971 Matter of Bridgehampton Development Corp., appellant, v County of Suffolk, respondent. (Index No. 11183/04)
| 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 October 27, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 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
M27032
M/nal
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-02771, 2004-02773 In the Matter of Jacob C. (Anonymous). Suffolk County Department of Social Services, respondent; Dawn C. (Anonymous), appellant. (Docket No. B-9092-03)
| SCHEDULING ORDER |
Appeals by Dawn C. from two orders of the Family Court, Suffolk County, both dated March 22, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 29, 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 time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until July 19, 2005; and it is further,
ORDERED that no further enlargement of time shall be granted.
ADAMS, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27043
M/nal
|
2005-05370 In the Matter of Dominique D. (Anonymous). Administration for Children's Services, respondent; Shannon H. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Amanda D. (Anonymous). Administration for Children's Services, respondent; Shannon H. (Anonymous), appellant. (Proceeding No. 2) 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)
| SCHEDULING ORDER |
Appeal by Shannon H. from an order of the Family Court, Queens County, dated May 6, 2005. By decision and order on motion of this court dated June 23, 2005, the following attorney was assigned as counsel on the appeal:
Daniel P. Moskowitz
90-50 Parsons Boulevard, Suite 401
Jamaica, New York 11432
(718) 812-8248
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated June 23, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M27033
M/nal
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2005-00880 In the Matter of Brian H. (Anonymous). Administration for Children's Services, petitioner-respondent; Gladys H. (Anonymous), respondent; Jose V. (Anonymous), appellant. (Docket No. N-23028-02)
| SCHEDULING ORDER |
Appeal by Jose V. from an order of the Family Court, Kings County, dated January 18, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until July 15, 2005; and it is further,
ORDERED that no further enlargement of time shall be granted.
ADAMS, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26832
M/nal
|
2005-05692, 2005-05695 In the Matter of Joshua Halpern, respondent, v Frances Halpern, appellant. (Docket No. V-28306-02, V-28307-02, O-04065-05)
| SCHEDULING ORDER |
Appeals by Frances Halpern from two orders of the Family Court, Kings County, both dated June 9, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M27051
M/nal
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-05797, 2004-07792, 2004-08929 In the Matter of Eric M. Levande, respondent, v Devorah Levande, appellant. (Docket No. V-8150/03)
| SCHEDULING ORDER |
Appeals by Devorah Levande from three orders of the Family Court, Queens County, dated June 28, 2004, August 31, 2004, and October 15, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on March 2, 2005. On the court's own motion , it is
ORDERED that the scheduling order in the above-entitled proceeding dated June 8, 2005, is amended by deleting from the first decretal paragraph thereof the words "June 20, 2005," and substituting therefor the words " June 30, 2005."
H. MILLER, J.P., RITTER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27010
E/sl
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-05078, 2005-05079 In the Matter of Lamax A. McClean, respondent, v Nakisha A. Bell, appellant.
(Docket No. V-12663-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Family Court, Suffolk County, entered April 4, 2005, and dated April 22, 2005, respectively, to stay enforcement of the order entered April 4, 2005, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the order dated April 22, 2005 (Appellate Division Docket No. 2005-05079), is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right or by permission (see CPLR 5701; CPLR 5704); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of so much of the order entered April 4, 2005, as awarded the father summer visitation with the subject child in the State of Texas during the month of June, effective 2005, is granted and enforcement of that portion of the order entered April 4, 2005, is stayed pending hearing and determination of the appeal from that order on condition that the appeal from the order entered April 4, 2005, is perfected on or before August 10, 2005; and it is further,
ORDERED that in the event the appeal from the order entered April 4, 2005, is not perfected on or before August 10, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
SCHMIDT, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27053
M/nal
HOWARD MILLER, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-01828, 2004-06412, 2004-06413
In the Matter of Shahzada Q. Mohammad, respondent, v Abdul Q. Mohammad, appellant. (Docket Nos. V-26688/99, V-27057/99)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated May 11, 2005, in the above-entitled appeals is amended by deleting from the second decretal paragraph thereof the words "June 20, 2005," and substituting therefor the words "June 30, 2005."
H. MILLER, J.P., SANTUCCI, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26998
Y/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2005-01487 In the Matter of Jose Rivera, appellant, v Glenn S. Goord, etc., et al., respondents. (Index No. 5167/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Dutchess County, dated January 20, 2005, for leave to renew that branch of a prior motion which was to reduce or waive the filing fee.
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.
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26972
C/sl
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-10558 In the Matter of John Royster, petitioner, v Glenn S. Goord, et al., respondents. (Index No. 3062/04)
| DECISION & ORDER ON MOTION |
Motion by the petitioner pro se, in effect, for leave to reargue that branch of his prior motion which was to waive the payment of the filing fee, in a proceeding transferred to this court by order of the Supreme Court, Dutchess County, dated November 29, 2004, which was denied by decision and order on motion of this court dated February 24, 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 on the court's own motion, the petitioner's time to perfect the proceeding by causing the original papers constituting the record on the proceeding to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the proceeding is enlarged until August 30, 2005; and it is further,
ORDERED that the motion is granted; upon reargument, the decision and order on motion of this court dated February 24, 2005, in the above-entitled proceeding is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the petitioner pro se for leave to prosecute a proceeding transferred to this court by order of the Supreme Court, Dutchess County, dated November 29, 2004, 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 branch of the motion which is for leave to proceed on the original papers is granted, and the proceeding shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branch of the motion which is to waive the payment of the filing fee is denied as unnecessary (see 22 NYCRR 670.22); and it is further,
ORDERED that those branches of the motion which are for a copy of the transcript without charge and for the assignment of counsel are denied.
ADAMS, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27031
M/nal
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-08582 In the Matter of Tyler S. (Anonymous). Administration for Children's Services, respondent; Maria S. (Anonymous), appellant. (Docket No. N-22745-01)
| SCHEDULING ORDER |
Appeal by Maria S. from an order of the Family Court, Kings County, dated September 10, 2004. The appellant's brief was filed in the office of the Clerk of this court on May 4, 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 July 27, 2005; and it is further,
ORDERED that no further enlargement of time shall be granted.
ADAMS, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27036
S/sl
|
2004-01885, 2004-09064
In the Matter of Josephine D. Simonetti, deceased. Carol Simonetti, appellant; Joanne Larson, et al., respondents. (File No. 322625)
| ORDER ON APPLICATION |
Application by the respondent Joanne Larson pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Surrogate's Court, Nassau County, dated January 12, 2004, and August 31, 2004, respectively.
ORDERED that the application is granted and the brief of the respondent Joanne Larson 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
M26963
E/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-05724 In the Matter of State Farm Mutual Automobile Insurance Company, petitioner-respondent, v Stephen Wittemann, et al., respondents, Westport Insurance Company, appellant. (Index No. 11815/03)
| DECISION & ORDER ON MOTION |
Appeal by Westport Insurance Company from a transcript of the Supreme Court, Suffolk County, dated May 12, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717).
KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27059
T/sl
|
2004-10447 In the Matter of State Farm Mutual Automobile Insurance Company, appellant, v Motor Vehicle Accident Indemnification Corporation, a/s/o Susan Whitestone, respondent. (Index No. 14322/04)
| 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, Queens County, dated October 13, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 22, 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
M26941
F/
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2005-02330 In the Matter of Debbie Deluca Turnure, appellant, v Robert Brian Turnure, respondent. (Docket Nos. V-15560-03, V-15570-03, V-15571-03, V-15620-03, V-15621-03, V-15622-03)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Westchester County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Westchester County, dated February 14, 2005, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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 Court Act § 1116); and it is further,
ORDERED that the stenographers(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 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and 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:
Richard Birnbaum, Esq.
200 Mamaroneck Avenue
White Plains, New York 10601
(914) 428-4565
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.
ADAMS, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27011
A/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
1990-05196 The People, etc., respondent, v Joey Abney, a/k/a Siddiq Najee, appellant.
(Ind. No. 1382/86)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue an appeal from a judgment of the County Court, Suffolk County, rendered March 30, 1988, which was determined by decision and order of this court dated May 13, 1991.
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., SCHMIDT, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26959
E/sl
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-04285 The People, etc., respondent, v John Burke, appellant. (Ind. No. 1371/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to hold in abeyance an appeal from a judgment of the Supreme Court, Queens County, rendered May 7, 2003, pending determination of a motion pursuant to CPL 440 pending in the Supreme Court, Queens County.
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., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27022
S/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-04232 The People, etc., respondent, v Shawn Coleman, appellant. (Ind. No. 1967/01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal From Order Denying Motion to Vacate Judgment |
Motion by the defendant for leave to prosecute an appeal from an order of the County Court, Nassau County, dated March 30, 2005, which denied his motion to vacate a judgment of conviction against him, 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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearing on the motion, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of the proceeding set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Joseph DeFelice, Esq.,
125-10 Queens Blvd, Suite 302
Kew Gardens, New York, 11415
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03-A-3153
Attica Correctional Facility
Box 149
Attica, New York 14011-0149
Appellate Division: Second Judicial Department
M27021
S/sl
GLORIA GOLDSTEIN, J.
|
2005-04232
The People, etc., respondent, v Shawn Coleman, appellant.
(Ind. No. 1967/01)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
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, Nassau 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 granted; the defendant is granted leave to appeal from the order of the County Court, Nassau County, dated March 30, 2005, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
GLORIA GOLDSTEIN
Associate Justice
Appellate Division: Second Judicial Department
M25660
F/
HOWARD MILLER, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-09304, 2005-03903 The People, etc., plaintiff, v Malik Corney, defendant. (Ind. No. 1684/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant, in effect, pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered November 5, 2003, and to amend a decision and order on motion of this court dated November 30, 2004, which granted his motion for poor person relief and the assignment of counsel on an appeal from an execution of sentence of the Supreme Court, Kings County, imposed September 20, 2004, to reflect that the appeal is taken from the judgment rendered November 5, 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; and it is further,
ORDERED that on the court's own motion, the appeal from the execution of sentence pending under Appellate Division Docket No. 2004-09304, is dismissed as no appeal lies from an execution of sentence (see People v Crawford, 239 AD2d 515).
H. MILLER, J.P., SANTUCCI, MASTRO, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26933
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-04752 The People, etc., respondent, v Mario Roberto Flores, appellant. (Ind. No. 736/03)
| DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes |
Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the County Court, Nassau County, rendered April 29, 2005, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,
ORDERED that the motion is otherwise granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for retained counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that retained 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 appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
H. MILLER, J.P., COZIER, RITTER, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
Richard J. Barbuto, Esq.
320 Old Country Road - Suite 207
Garden City, New York 11530
Appellate Division: Second Judicial Department
M27003
A/sl
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2002-10986, 2003-08992
The People, etc., respondent, v Lonnie Jones, appellant. (Ind. No. 7421/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to hold in abeyance consolidated appeals from a judgment of the Supreme Court, Kings County, rendered November 19, 2002, and an order of the same court dated September 10, 2003, pending hearing and determination by the Supreme Court, Kings County, of a motion to vacate the judgment of conviction pursuant to CPL article 440.
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; and it is further,
ORDERED on the court's own motion the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeals is enlarged until August 31, 2005.
ADAMS, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26932
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2005-01434
The People, etc., respondent, v Daniel McNair, appellant. (Ind. No. 04-00528)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered February 10, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Salvatore Adamo, Esq.
350 Fifth Avenue - Suite 3304
New York, New York 10118-0069
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., COZIER, RITTER, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 0777
Mid-State Corr. Fac.
Box 2500
Marcy, New York 13403
Appellate Division: Second Judicial Department
M26931
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2004-11106 The People, etc., respondent, v Oscar Mestres, appellant. (Ind. No. 4954/03)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered December 3, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction.
H. MILLER, J.P., COZIER, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27025
Y/sl
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-09286 The People, etc., respondent, v Bruce Monroe, appellant.
(Ind. No. 1967/02)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Nassau County, rendered October 14, 2003.
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 September 1, 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.
SCHMIDT, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26944
F/
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-02291 The People, etc., respondent, v Emile Moreau, appellant. (Ind. No. 2742/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered March 9, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
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 it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
ADAMS, J.P., GOLDSTEIN, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
04 A 1588
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M27054
J/sl
|
2002-11319
The People, etc., respondent, v Steven Olds, appellant. (Ind. No. 3131/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from judgment of the Supreme Court, Queens County, rendered December 3, 2002.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 1, 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
M26969
E/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2002-10220 The People, etc., respondent, v Steven Peterson, appellant. (Ind. No. 01-00707)
| 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 County Court, Orange County, rendered May 31, 2002, and cross motion by the respondent to strike the supplemental brief on the ground that it was untimely filed.
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; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a response to the supplemental brief is enlarged, until July 25, 2005, and the respondent's brief in response to the supplemental brief must be served and filed on or before that date.
ADAMS, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26946
F/
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-02358 The People, etc., respondent, v Shawn Thompson, appellant. (Ind. No. 6765/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered March 5, 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.
ADAMS, J.P., GOLDSTEIN, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court