06-30-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR JUNE 30, 2005

TITLE	Case Number
Ambalu v Rosenthal, a/k/a Rose	2005-05444
Bank One National Association v Osorio	2005-00409
Brandes v North Shore University Hospital	2004-08000
Casa Bosco, Inc. v 118-01 Metropolitan Avenue	2004-08523 +1
Castaldi v 39 Winfield Associates, LLC	2004-10406
Fazio v Brandywine Realty Trust	2004-10690
Fellin v Sahgal	2004-06989
Fiorenti v Central Emergency Physicians, P.L.	2004-10886
Gray v City of New York	2004-09740
Irwin v La Guardia Hospital	2004-10940
Klein v Klein	2004-08831
Manoly v City of New York	2004-11175
NYCTL 1998-2 Trust v Avila	2005-02855
Shapiro v Kurtzman	2004-07594
Sinensky v Rokowsky	2005-00545
Stolzberg v DeLuca	2004-09578
Venneri v Gallo	2005-01223
Wager v Hainline	2004-08955
Zornberg v North Shore University Hospital	2004-09782
Mtr of B. (Anonymous), Starkia M.; Orange Cou	2005-05873
Mtr of C. (Anonymous), Brandon; Orange County	2005-00193
Mtr of Commissioner of Social Services, o/b/o	2005-04267
Mtr of Galicia v Torres	2005-04406
Mtr of Gertzulin v Gertzulin	2005-05622
Mtr of Ingalls v Ingalls	2005-05738
Mtr of Ivery v Ivery	2005-03894
Mtr of J. (Anonymous), Ayodele Ademoli; Catho	2005-05754
Mtr of Jones v Jones	2005-04405
Mtr of M. (Anonymous), "Male", a/k/a M. (Anon	2005-05707
Mtr of McK. (Anonymous), Bobby III; Mc., Rashe	2005-04497 +1
Mtr of McMillian v Rizzo	2005-05367 +1
Mtr of Perez v Hughes	2005-05698
Mtr of S. (Anonymous), Colby Jr.; Administrat	2005-05703
Mtr of Waterside Associates, LLC v Tax Commis	2005-01727
Peo v Buckner, James	2004-00119

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Appellate Division: Second Judicial Department

M27100

R/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE, JJ.

2005-05444
Sara Ambalu, appellant, v Michael Rosenthal,
a/k/a Michael Rose, et al., respondents.

(Index No. 21459/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated May 13, 2005, to enjoin the respondents, and among others, their agents, servants, and employees, and all persons acting on their behalf, from transferring any interests or causing any waste to certain real property 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.

SCHMIDT, J.P., ADAMS, KRAUSMAN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M27153

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2005-00409

Bank One National Association, etc., respondent,
v Michelle Napier Osorio, etc., appellant, et al.,
defendants.
(Index No. 7780/03)

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, Queens County, dated October 19, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 1, 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

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Appellate Division: Second Judicial Department

M27128

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2004-08000

Pamela Brandes, etc., appellant, v
North Shore University Hospital, et al.,
respondents, et al., defendants.
(Index No. 5965/97)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated July 22, 2004.

ORDERED that the application is granted and the reply brief shall be filed on or before July 7, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M27134

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2004-08523, 2005-02502
Casa Bosco, Inc., respondent, v
118-01 Metropolitan Avenue Realty Corp.,
et al., defendants, 118-01/21 Metropolitan
Avenue LLC, et al., appellants.
(Index No. 8988/02)

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 two orders of the Supreme Court, Queens County, dated July 1, 2004, and January 27, 2005, respectively, and to enlarge the appellants' time to serve and file a reply brief.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 27, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the reply brief shall be served and file on or before August 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M27137

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2004-10406
Marc Castaldi, et al., appellants,
v 39 Winfield Associates, LLC, et al.,
respondents.
(Index No. 9900/04)

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, Westchester County, dated September 27, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 22, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M27132

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2004-10690
George Fazio, plaintiff-respondent,
v Brandywine Realty Trust, et al., defendants,
Harvest Real Estate Services, Inc., appellant,
Coldspring Harbor Laboratory Press, defendant-
respondent.
(Index No. 1843/04)

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, Suffolk County, dated October 28, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 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

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Appellate Division: Second Judicial Department

M27155

Y/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-06989
Rosa Fellin, etc., et al., appellants, v
Vivek S. Sahgal, et al., respondents.
(Index No. 4129/93)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated July 13, 2004.

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 respondents' time to serve and file a brief is enlarged until July 8, 2005, and the respondents' brief must be served and filed on or before that date.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M27130

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2004-10886

Salvatore Fiorenti, etc., et al., respondents,
v Central Emergency Physicians, P.L.L.C.,
etc., et al., appellants.

(Index No. 17813/00)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated October 25, 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

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Appellate Division: Second Judicial Department

M27131

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2004-09740
Herman L. Gray, respondent,
v City of New York, et al., appellants.
(Index No. 22695/93)

ORDER ON APPLICATION

Applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Kings County, entered October 12, 2004.

ORDERED that the applications are granted and the appellants' time to perfect the appeals is enlarged until July 29, 2005, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M27146

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2004-10940
Adam Irwin, etc., respondent, v
La Guardia Hospital, et al., defendants,
James Brown, etc., appellant.
(Index No. 1185/04)

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 30, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M27135

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2004-08831
Lawrence Klein, respondent, v
Stephanie Klein, appellant.

(Index No. 200558/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 22, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 9, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M27139

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2004-11175
Rony Manoly, appellant,
v City of New York, et al., respondents.
(Index No. 45423/96)

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 12, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 15, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M27077

Y/sl

THOMAS A. ADAMS, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2005-02855
NYCTL 1998-2 Trust, etc., respondent,
v Zoila Lucinda Avila, appellant, et al.,
defendants.
(Index No. 21145/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay her eviction from the premises located at 3443 Fulton Street, Brooklyn, New York, Apartment 2R, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 10, 2005. Cross application by the respondent to direct the appellant to pay for the use and occupancy of the premises pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and cross application and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and enforcement of the eviction of the appellant from the premises located 3443 Fulton Street, Brooklyn, New York, Apartment 2R, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 8, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 8, 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 cross application is denied.

ADAMS, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M27108

R/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE, JJ.

2004-07594
Milton B. Shapiro, etc., et al., appellants,
v Deborah Shapiro Kurtzman, respondent,
et al., nominal defendants.

(Index No. 7875/01)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Rockland County, dated July 13, 2004, inter alia, to strike the appellants' brief dated May 23, 2005, on the ground that it refers to matter dehors the record and to enlarge her time to serve and file a brief. Cross motion by the appellants, among other things, for leave to serve and file a new brief.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to strike the appellants' brief dated May 23, 2005, on the ground that it refers to matter dehors the record, is granted and the appellants' brief is stricken; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to serve and file a new brief and that branch of the cross motion which is for leave to serve and file a new appellants' brief are granted and on or before July 22, 2005, the appellants shall serve and file a new brief that does not refer to matter dehors the record; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted and the respondent's brief shall be served and filed within 30 days after service upon her of the appellants' new brief; and it is further,

ORDERED that the motion and cross motion are otherwise denied.

SCHMIDT, J.P., ADAMS, KRAUSMAN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M27133

S/sl

2005-00545

Gary Sinensky, et al., appellants-respondents,
v Solomon Rokowsky, respondent, Victor Fein,
etc., et al., respondents-appellants.

(Index No. 11250/04)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a order of the Supreme Court, Kings County, dated December 9, 2004.

ORDERED that the application is granted and the appellants-respondents' reply brief shall be served and filed on or before July 25, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M27127

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2004-09578
Benjamin Stolzberg, et al., appellants,
v Louis V. DeLuca, et al., respondents.
(Index No. 28330/03)

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 September 22, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 27, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M27117

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2005-01223

Cosimo Venneri, appellant,
v Vincent Gallo, et al., respondents.
(Index No. 49313/98)

ORDER ON APPLICATION

Application by the respondent Philip Farinacci pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated November 10, 2004.

ORDERED that the application is granted, the movant's time to serve and file a brief is enlarged, and the movant's brief which was submitted to the Clerk of this court on June 29, 2005, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M27114

R/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE, JJ.

2004-08955
Julian Wager, et al., appellants-respondents,
v Brian Hainline, etc., appellant, Vincent Leone,
etc., et al., respondents, et al., defendants.

(Index No. 28235/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Queens County, dated September 9, 2004, and for a preference in the calendaring of the appeals. Separate motion by the respondents for the same relief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are denied.

SCHMIDT, J.P., ADAMS, KRAUSMAN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M27129

S/sl

2004-09782

Nanci Zornberg, respondent,
v North Shore University Hospital, et al.,
appellants.
(Index No. 28737/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated September 28, 2004, and to enlarge the time for the appellants to serve and file a reply brief.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 6, 2005, and the respondent's brief 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 August 1, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M26856

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2005-05873
In the Matter of Starkia M. B. (Anonymous), appellant.
(Docket No. D-571-05)

SCHEDULING ORDER

Appeal by Stakia M. B. from an order of the Family Court, Orange County, dated May 25, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected 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 appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M27102

R/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE, JJ.

2005-00193
In the Matter of Brandon C. (Anonymous).
Orange County Department of Social Services,
respondent; Ellen C. (Anonymous), appellant.
(Docket No. N-5131-03)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Orange County, dated August 11, 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 appeal is dismissed, without costs or disbursements, on the ground that the appeal has been rendered academic by a subsequent order of the Family Court, Orange County, dated October 26, 2004.

SCHMIDT, J.P., ADAMS, KRAUSMAN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M27107

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2005-04267

In the Matter of Commissioner of Social
Services, o/b/o Barbara Brown, respondent,
v Charlie James Ross, appellant.
(Docket No. U-00031-00)

ORDER TO SHOW CAUSE

Appeal by Charlie James Ross from an order of the Family Court, Rockland County, dated March 28, 2005. By scheduling order dated May 17, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 17, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 11, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M27105

M/nal

2005-04406

In the Matter of Edwin Galicia, appellant,
v Maribel Torres, respondent.
(Docket No. V-34846-04)

ORDER TO SHOW CAUSE

Appeal by Edwin Galicia from an order of the Family Court, Kings County, dated April 5, 2005. By scheduling order dated May 17, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M26834

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2005-05622
In the Matter of Barbara Gertzulin, respondent,
v Shlomo Gertzulin, appellant.
(Docket No. F-4340-04)

SCHEDULING ORDER

Appeal by Shlomo Gertzulin from an order of the Family Court, Rockland County, dated May 6, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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Appellate Division: Second Judicial Department

M26852

M/nal

2005-05738
In the Matter of Elizabeth Ingalls, appellant,
v Stephen D. Ingalls, respondent.
(Docket No. F-14901-03)

SCHEDULING ORDER

Appeal by Elizabeth Ingalls from an order of the Family Court, Suffolk County, dated May 13, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M27104

M/nal

2005-03894

In the Matter of Altamese Ivery, petitioner-respondent,
v John Ivery, respondent, Latisha Bell, appellant.
(Docket No. V-3193-04, V-3194-04)

ORDER TO SHOW CAUSE

Appeal by Latisha Bell from an order of the Family Court, Westchester County, dated March 29, 2005. By scheduling order dated May 12, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 12, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 11, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M26854

M/nal

2005-05754
In the Matter of Ayodele Ademoli J. (Anonymous).
Catholic Home Bureau for Dependent Children, respondent;
Elizabeth O. (Anonymous), appellant.
(Docket No. B-02687/01)

SCHEDULING ORDER

Appeal by Elizabeth O. from an order of the Family Court, Queens County, dated May 18, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M27106

M/nal

2005-04405

In the Matter of Jeanette Jones, respondent,
v Stephan Jones, appellant.
(Docket No. F-10293-04)

ORDER TO SHOW CAUSE

Appeal by Stephan Jones from an order of the Family Court, Kings County, dated March 29, 2005. By scheduling order dated May 17, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M26849

M/nal

2005-05707
In the Matter of "Male" M. (Anonymous),
a/k/a Micah M. (Anonymous).
Harlem Dowling-Westchester Center for Children and
Family Services, petitioner-respondent;
Deborah M. (Anonymous), appellant, et al., respondent.

(Docket No. B-32463/03)

SCHEDULING ORDER

Appeal by Deborah M. from an order of the Family Court, Kings County, dated March 25, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M27109

M/nal

2005-04497, 2005-04498

In the Matter of Bobby McK. (Anonymous) III.
Rockland County Department of Social Services,
respondent; Rondsheba A. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Rasheeda McK. (Anonymous).
Rockland County Department of Social Services,
respondent; Rondsheba A. (Anonymous), appellant.
(Proceeding No. 2)
In the Matter of Altereak W. (Anonymous).
Rockland County Department of Social Services,
respondent; Rondsheba A. (Anonymous), appellant.
(Proceeding No. 3)
In the Matter of Zenobia A. (Anonymous).
Rockland County Department of Social Services,
respondent; Rondsheba A. (Anonymous), appellant.
(Proceeding No. 4)
(Docket Nos. N-03089-04, N-03090-04,
N-03091-04, N-03092-04)

ORDER TO SHOW CAUSE

Appeals by Rondsheba A. from two orders of the Family Court, Rockland County, dated March 24, 2005, and April 18, 2005, respectively. By scheduling order dated May 17, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeals; or

(2) if there were such minutes, an affidavit or affirmation that the transcripts were received, and indicating the date received; or

(3) if the transcripts were not received, an affidavit or affirmation stating that they were ordered and paid for, the date thereof and the date by which the transcripts were expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeals.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling order dated May 17, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 11, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M26869

M/nal

2005-05367, 2005-05368
In the Matter of Herbert McMillian, appellant,
v Mae Rizzo, respondent.
(Docket No. V-10492-02)

SCHEDULING ORDER

Appeals by Herbert McMillian from two orders of the Family Court, Queens County, both dated May 4, 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 of the Family Court proceedings 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 and paid for, the date thereof and the date by which the transcripts are expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M26847

M/nal

2005-05698
In the Matter of Luis Perez, appellant,
v Rochelle Hughes, respondent.
(Docket Nos. V-00010-02, V-00011-02)

SCHEDULING ORDER

Appeal by Luis Perez from an order of the Family Court, Kings County, dated June 2, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M26846

M/nal

2005-05703
In the Matter of Colby S. (Anonymous), Jr.
Administration for Children's Services, respondent;
Arelis P. (Anonymous), appellant.
(Docket No. N- 00144-05)

SCHEDULING ORDER

Appeal by Arelis P. from an order of the Family Court, Kings County, dated May 13, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M27099

R/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE, JJ.

2005-01727
In the Matter of Waterside Associates, LLC,
et al, appellants, v Tax Commissioner of City
of New York, et al., respondents.

(Index No. 8289/04)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Richmond County, dated January 5, 2005, to stay the respondent City of New York from selling the subject tax lien 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 as academic.

SCHMIDT, J.P., ADAMS, KRAUSMAN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M27149

T/sl

2004-00119

The People, etc., respondent, v
James Buckner, appellant.
(Ind. No. 2688/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered December 4, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 19, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court