Appellate Division: Second Judicial Department
M14409
L/
|
2004-03305
William Anthony, respondent, v Agnelgasi Khoghali, appellant. (Index No.18806/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated February 27, 2004.
Upon the stipulation of the parties, dated June 25, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14402
L/
|
2004-05058
Dorothy Augustine, respondent, v Waldbaums, et al., appellants. (Index No. 11097/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 16, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14403
L/
|
2004-05302
Wayne Axman, respondent, v Audrey Axman, appellant. (Index No. 203349/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 12, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14418
L/
|
2003-10877
Colleen Ayers, respondent, v Tina Wooten, et al., appellants. (Index No. 12839/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 2, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14382
R/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-06084
Florence Baumoel, respondent, v Joseph Baumoel, appellant. (Index No. 001499/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Nassau County, dated June 23, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14407
L/
|
2004-03200
Janice Blessington, et al., respondents, v Clayton Industries, Inc., et al., appellants. (Index No. 8067/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated March 4, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14429
S/nal
|
2003-09892
Salvatore Ciafone, respondent, v Ibn Kenyatta, appellant; Attorney General of State of New York, intervenor-respondent. (Index No. 1080/03)
| ORDER ON APPLICATION |
Application by the intervenor-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 19, 2003.
ORDERED that the application is granted and the intervenor-respondent's time to serve and file a brief is enlarged until September 30, 2004, and the intervenor-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
M14400
L/
|
2004-00514
Community Pharmacy, Inc., plaintiff- respondent, v Garden Homes Brewster Limited Partnership, defendant-appellant; Value Drugs, Inc., defendant-respondent. (Index No. 799/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Putnam County, dated December 3, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14411
S/nal
|
2003-09285
James DiGiacomo, et al., respondents-appellants, v Cabrini Medical Center, et al., appellants-respondents.
(Index No. 8324/98)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file reply briefs on appeals and a cross appeal from an order of the Supreme Court, Queens County, dated September 15, 2003, and to enlarge the time of the respondents-appellants to serve and file their reply brief.
ORDERED that the application is granted and the appellants-respondents' reply briefs shall be served and filed on or before August 6, 2004; the respondents-appellants' reply brief shall be served and filed on or before September 7, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14423
J/nal
|
2003-09851
Vincenzo DiMaggio, respondent, v Antonio DiMaggio, appellant. (Index No. 15134/99)
| 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, dated December 24, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 20, 2004, 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
M14416
L/
|
2004-02157
Dutchess County OB-GYN Associates, P.C., et al., respondents, v Jed L. Turk, appellant. (Index No. 4332/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated January 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14401
L/
|
2004-02982
Toni Foster, appellant, v Mauricia Emerson, respondent. (Index No. 12540/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 24, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14415
L/
|
2004-02966
Tomasina Gueli, respondent, v Hicks Nurseries, appellant. (Index No. 10694/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated November 25, 2003.
Upon the stipulation of the parties, dated July 27, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14413
L/
|
2004-03084
Yolande Joachim, respondent, v Ocean Five Two Two Associates, LLC, et al., appellants. (Index No. 1129/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated February 13, 2004.
Upon the stipulation of the parties, dated July 26, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14435
J/nal
|
2004-04731
Leo Kaplan, respondent, v Arthur P. Rosiello, appellant. (Index No. 27475/00)
| 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 an order of the Supreme Court, Suffolk County, dated May 11, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 13, 2004, 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
M14333
Y/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-01133
Vladimir Kofman, respondent, v Robin Rivers Keller, appellant, et al., defendants. (Index No. 18954/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 9, 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 trial in the above-entitled action is stayed pending hearing and determination of the appeal.
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14438
S/nal
|
2003-07186
Michael Marcus, appellant, v Plaza Auto Mall, Ltd., et al., respondents.
(Index No. 36545/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated June 20, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 10, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14399
L/
|
2004-02938
Kimberly McCollum, et al., appellants, v Fox Run Homeowners Association, Inc., et al., respondents. (Index No. 806/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Putnam County, dated March 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14431
S/nal
|
2003-11383
Merkos L'Inyonei Chinuch, Inc., et al., respondents-appellants, v United Lubavitcher Yeshivoth, appellant-respondent. (Index No. 30793/02)
| 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, Kings County, dated October 29, 2003.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until September 15, 2004, and the joint record or appendix on the appeal and the appellant-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
M14404
L/
|
2004-03808
Andrea Moffett, appellant, v Ravi Singh, respondent. (Index No. 894/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14412
L/
|
2004-03301
Jacinto Montanez, respondent, v New York City Transit Authority, et al., appellants. (Index No. 788/01
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated February 25, 2004.
Upon the stipulation of the parties, dated July 29, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14417
L/
|
2004-03496
Terrence Murphy, respondent, v Town of North Hempstead, appellant. (Index No. 11540/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 9, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14439
J/nal
|
2004-00429
James Murray, respondent, et al., plaintiff, v Theodore Maniatis, appellant, et al., defendants. (Index No. 13147/97)
| 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, Richmond County, dated December 15, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 30, 2004, 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
M14420
J/nal
|
2003-07180
Raveendran Narayanan, plaintiff-respondent, v City of New York, defendant-respondent, FJC Security Services, Inc., appellant. (Index No. 13216/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated June 2, 2003.
ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14414
L/
|
2004-03006
Nelson Pagan, appellant, v L.I. Floors & Formica, Inc., et al., respondents. (Index No. 25658/99)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated February 25, 2004.
Upon the stipulation of the parties, dated July 28, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14398
L/
|
2004-02218
Richard Pustorino, et al., respondents, v Michael Mercer, et al., appellants. (Index No. 21842/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 6, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14437
S/nal
|
2003-10661, 2003-11101
Robert Quackenbush, plaintiff, v Gar-Ben Associates, et al., defendants third-party plaintiffs-respondents, et al., defendant; L. H. Power, third-party defendant-appellant.
(Index No. 17842/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated September 16, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 23, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14426
J/nal
|
2004-00974
Mary Ann Rohrs, respondent, v Theodore Rohrs, appellant. (Index No. 953/00)
| 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 a judgment of the Supreme Court, Nassau County, dated December 8, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 30, 2004, 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
M14397
L/
|
2004-00759
Jeffrey S. Rosenzweig, respondent, v Carolyn J. Singer, appellant. (Index No. 202330/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 21, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14364
Y/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-06102
Anthony Saggio, Jr., respondent, v Frank Ladone, et al., appellants. (Index No. 9898/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the retrial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated June 1, 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 retrial of the above-entitled action is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before September 7, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 7, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14433
S/nal
|
2004-01719
Patricia Santoro, et al., respondents-appellants, v City of New York, appellant-respondent, Alexander Reategue, et al., respondents. (Index No. 14711/89)
| ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated January 26, 2004.
ORDERED that the application is granted and the respondents-appellants' brief which was submitted to the Clerk of this court on August 3, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14434
S/nal
|
2004-01362
Rosa Smajlaj, etc., et al., respondents, v First American Title Insurance Company of New York, appellant. (Action No. 1) (Index No. 03/006313) Scott Williams, etc., et al., respondents, v Fidelity National Title Insurance Company of New York, appellant. (Action No. 2) (Index No. 03/001421) Elizabeth Werter, etc., respondent, v Chicago Title Insurance Company, appellant. (Action No. 3) (Index No. 02/014958) John E. Lawlor, etc., respondent v National Title Insurance Company of New York, Inc., appellant. (Action No. 4) (Index No. 02/010467) Joseph Piscioneri, etc., et al., respondents, v Commonwealth Land Title Insurance Company, appellant. (Action No. 5) (Index No. 02/010764) Michael J. Scuorzo, etc., et al., respondents, v Lawyers Title Insurance Corporation, appellant. (Action No. 6) (Index No. 03/001815) Jeffrey Schwartz, etc. et al., respondents, v Stewart Title Insurance Company, appellant. (Action No. 7) (Index No. 02/018672) Adam Good, etc., respondent, v American Pioneer Title Insurance Company, appellant. (Action No. 8) (Index No. 02/010335)
| DECISION & ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, dated January 8, 2004, to enlarge the time of the respondents to serve and file their briefs, and to enlarge the time of the appellants' to serve and file reply briefs.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until September 15, 2004, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date; and it is further,
ORDERED that the respondents briefs shall be served and filed on or before November 24, 2004, and the appellants' reply briefs shall be served and filed on or before January 10, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14383
R/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2003-08998
Anna Taino, etc., et al., respondents, v Clunie Bernard, defendant, City of Yonkers, et al., appellants.
(Index No. 14866/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered September 3, 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 trial in the above-entitled action is stayed pending hearing and determination of the appeal.
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14405
L/
|
2004-01591
Paul J. Tendler, et al., respondents, v Mitchel Wireless, Inc., et al., defendants; CAF Construction Corporation, appellant. (Index No. 1668/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated February 2, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14430
J/nal
|
2004-01115
Richard L. Thury, et al., appellants, v Britannia Acquisition Corp., d/b/a Britannia Yacht and Racquet Club, respondent. (Index No. 25984/94)
| 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, Suffolk County, dated December 30, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 5, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14432
S/nal
|
2004-04437
Joseph Tinizhanay, respondent, v Winfat Realty, Inc., appellant, et al., defendants. (Index No. 16377/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated April 28, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 9, 2004, 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
M14422
S/nal
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2004-00898, 2004-00905
Bernice G. Valerio, et al., plaintiffs-respondents, v Dupont Associates, Inc., appellant, Dan's Supreme Supermarkets, Inc., defendant-respondent, T & G Contracting, Inc., defendant third-party plaintiff- respondent; P.R. Iron Works, third-party defendant/ second third-party plaintiff-respondent; US #1 Contracting Corporation, second third-party defendant-appellant. (Index No. 2611/97)
| DECISION & ORDER ON MOTION |
Applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision and an order of the Supreme Court, Queens County, dated September 16, 2003, and December 12, 2003, respectively.
Upon the papers filed in support of the applications and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal by US #1 Contracting Corporation from the decision (Appellate Division Docket No. 2004-00898) is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the applications are granted and the appellants' time to perfect the appeals from the order is enlarged until September 27, 2004, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date.
PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14428
J/nal
|
2004-01252
Clara Stella Mendez Velez, etc., appellant-respondent, v Tuckahoe Development LLC, et al., respondents, W.B. Contracting Corp., et al., respondents-appellants. (Index No. 11795/01)
| ORDER ON APPLICATION |
Applications by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on an appeal and cross appeals from an order of the Supreme Court, Westchester County, entered January 7, 2004.
ORDERED that the applications are granted and the respondents-appellants' respective briefs, including their points of argument on the cross appeals, shall be served and filed 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
M14408
L/
|
2004-03086
Richard Weinstein, et al., plaintiffs, v IDI Construction Company, Inc., et al., defendants third-party plaintiffs-respondents; Regional Scaffolding & Hoisting Co., Inc., third-party defendant-appellant. (Index Nos. 19467/99, 82602/99)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated February 20, 2004.
Upon the stipulation of the parties, dated June 16, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
August 3, 2004
WEINSTEIN v IDI CONSTRUCTION COMPANY, INC.
Appellate Division: Second Judicial Department
M14427
S/nal
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2003-08809, 2003-08810, 2003-08811 2003-08812, 2003-08813
In the Matter of Ryan D. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-11691/00) In the Matter of Paula A. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-11690/00) In the Matter of Amanda D. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-11689/00) In the Matter of Nancy A. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 4) (Docket No. B-11688/00) In the Matter of Jennifer Kake A. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 5) (Docket No. B-11687/00)
| DECISION & ORDER ON APPLICATION |
Application by the respondent Coalition for Hispanic Family Services, successor to Louise Wise Services, pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to serve and file a brief on appeals from five orders of the Family Court, Queens County, all dated September 8, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until September 3, 2004, and the movant's brief shall be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14441
S/nal
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2004-01736
In the Matter of Albert DeSousa, appellant, v Department of Social Services, o/b/o Susan DeSousa, respondent. (Docket No. F-415-80)
| DECISION & ORDER ON MOTION |
Appeal by Albert DeSousa from an order of the Family Court, Suffolk County, dated January 28, 2004. By order to show cause dated May 20, 2004, issued pursuant to 22 NYCRR 670.4(a)(5), the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding based on the appellant's failure to comply with a scheduling order dated March 10, 2004, as amended by decision and order dated April 21, 2004, issued pursuant to 22 NYCRR 670.4(a)(2). By decision and order on motion of this court dated June 18, 2004, the appellant was given until July 19, 2004, to perfect the appeal. The appeal has not been perfected.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules and the decision and order on motion of this court dated June 18, 2004.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14311
M/nal
|
2004-06407 In the Matter of Peter Gontzes, appellant, v Lana Gontzes, respondent. In the Matter of Lana Gontzes, respondent, v Peter Gontzes, appellant. (Docket Nos. V-18547-02, V-18548-02, V-18549-02, V-1152-03, V-1153-03, V-1154-03)
| SCHEDULING ORDER |
Appeal by Peter Gontzes from an order of the Family Court, Nassau County, dated June 7, 2004. 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 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.
Appellate Division: Second Judicial Department
M14369
Y/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-06080
In the Matter of Giavonna Mc. (Anonymous). Administration for Children's Services, appellant; Caroline R. (Anonymous), respondent. (Docket No. N-2444/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated July 15, 2004, to stay enforcement of so much of the order as, in effect, denied its motion to remand the subject child to the custody of the Commissioner of the Administration for Children's Services, and to remand the subject child to the Commissioner of that agency, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of so much of the order dated July 15, 2004, as, in effect, denied the motion to remand the subject child to the custody of the Commissioner of the Administration for Children's Service, is stayed, and the subject child is remanded to the custody of the Commissioner of the Administration for Children's Services, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before September 7, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 7, 2004 , the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14386
R/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2003-09963
In the Matter of New York Central Mutual Fire Insurance Company, respondent, v Jorge Aguirre, et al., appellants. (Index No. 009622/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered October 14, 2003, on the ground that the right of direct appeal from the order terminated with entry of a judgment in the action, or, in the alternative, to enlarge its time to serve and file a brief on the appeal.
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 notice of appeal from the order entered October 14, 2003, is deemed to be a premature notice of appeal from a judgment of the same court dated December 26, 2003 (see CPLR 5520[c]); and it is further,
ORDERED that on the court's own motion, on or before August 17, 2004, the appellant shall serve and file a supplemental record containing a copy of the judgment; 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 time to serve and file a brief is enlarged until September 17, 2004, 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.
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14381
R/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-06275
In the Matter of Julio R. (Anonymous), appellant; Creedmoor Psychiatric Center, respondent. (Index No. 500436/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated July 15, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of the order dated July 15, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 2, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 2, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14305
M/nal
|
2004-06416 In the Matter of Linda Recard, appellant, v Anthony Polite, respondent. (Docket No. V-03869/00)
| SCHEDULING ORDER |
Appeal by Linda Recard from an order of the Family Court, Kings County, dated July 1, 2004. 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 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.
Appellate Division: Second Judicial Department
M14343
O/nal
DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-02490
In the Matter of Pia Rotondi, deceased. Louis Rotondi, etc., respondent; Paul Rotondi, appellant. (File No. 2683/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay distribution of the assets of the estate in the above-entitled proceeding pending hearing and determination of an appeal from a decree of the Surrogate's Court, Queens County, dated February 18, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., SCHMIDT, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14410
S/nal
|
2003-11088
In the Matter of Anthony S. Sadowski, deceased. Joseph A. F. Sadowski, appellant; Josephine Buonocore, etc., et al., respondents. (File No. 328030)
| 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 decree of the Surrogate's Court, Nassau County, dated September 22, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 9, 2004, 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
M14421
J/nal
|
2004-01046
In the Matter of Service Bus Co., Inc., appellant, v City School District of Yonkers, et al., respondents. (Index No. 13357/03)
| 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 and judgment (one paper) of the Supreme Court, Westchester County, entered December 11, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 21, 2004, 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
M14312
M/nal
|
2004-06427 In the Matter of Margaret T. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Evelyn E. (Anonymous), appellant; et al., respondent. (Docket No. B-3201-03)
| SCHEDULING ORDER |
Appeal by Evelyn E. from an order of the Family Court, Dutchess County, dated July 9, 2004. 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 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.
Appellate Division: Second Judicial Department
M14377
R/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-01882
In the Matter of Jonathan V. (Anonymous), appellant. (Docket No. D-5007/03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Richmond County, dated January 14, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before August 16, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before September 7, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14376
R/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-03764
In the Matter of Michael Zapken, respondent, v Mary Marshall, appellant. (Docket No. V-2749-93)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Richmond County, dated April 19, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before August 16, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before September 8, 2004, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Supreme Court of the State of New York
Appellate Division: Second Judicial Department
M14042
F/
ROBERT A. LIFSON, J.
|
2004-03769 The People, etc., plaintiff, v Norman B. Calvert, defendant. (Ind. No. 710/96)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated March 15, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT A. LIFSON
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M14047
F/
DANIEL F. LUCIANO, J.
|
2004-03872 The People, etc., plaintiff, v Vincent Cammarata, defendant. (Ind. No. 88597/94)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated March 31, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
DANIEL F. LUCIANO
Associate Justice
Supreme Court of the State of New York
Appellate Division: Second Judicial Department
M14039
F/
ROBERT A. LIFSON, J.
|
2004-04927 The People, etc., plaintiff, v Antwane Carlisle, defendant. (Ind. No. 97-01629)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, dated March 22, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT A. LIFSON
Associate Justice
Appellate Division: Second Judicial Department
M14349
O/nal
DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
|
2001-10009 The People, etc., respondent, v Anthony Correnti, appellant. (Ind. No. 211-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, on an appeal from a judgment of the County Court, Suffolk County, rendered September 21, 2001, in effect, for leave to proceed pro se and to enlarge his time to perfect the appeal.
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 proceed pro se is granted; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted on condition that, upon the filing of his appellate brief with this court, the appellant shall also file a properly executed waiver of his right to appellate counsel, which waiver shall read as follows:
WAIVER OF RIGHT TO APPELLATE COUNSEL
I have been advised that (1) I have the right to be represented by an attorney in prosecuting my appeal, and (2) if I cannot afford to retain counsel, one will be assigned to represent me at State expense. Knowing these rights I have voluntarily elected to waive them and to represent myself on the appeal. I have not been forced to waive my rights and I believe myself to be of sufficient intelligence and ability to properly protect my own interests without the assistance of a lawyer to, among other things, write an appellate brief.
Anthony Correnti
State of )
) ss.
County of )
On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared Anthony Correnti personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same, and that by his signature on the instrument, the individual executed the instrument.
Notary Public
and it is further,
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 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until October 8, 2004; and it is further,
ORDERED that the appellant shall file nine copies of his brief and serve one copy on the District Attorney.
RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13848
S/sl
PETER B. SKELOS, J.
|
2004-03661
The People, etc., plaintiff, v Luis Deleg, defendant. (Ind. No. 98-00198)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 460.30(1) to extend his time to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Orange County, dated January 12, 2004, and upon granting leave to extend his time to make the application pursuant to CPL 450.15 and 460.15, granting leave to appeal from the order dated January 12, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the branch of the application which is to extend the time to make an application pursuant to CPL 450.5 and 460.15, is granted; and it is further,
ORDERED that the branch of the application which is for leave to appeal from the order dated January 12, 2004, is denied.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M14436
S/nal
|
2003-03923
The People, etc., respondent, v Cedric Knight, appellant. (Ind. No. 15/03)
| 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, Richmond County, rendered April 29, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 3, 2004, 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
M14048
F/
DANIEL F. LUCIANO, J.
|
2004-02063 The People, etc., plaintiff, v Tyrone Marsh, defendant. (Ind. Nos. 12221/88, 7446/94)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 11, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
DANIEL F. LUCIANO
Associate Justice