Appellate Division: Second Judicial Department
M14465
J/sl
2004-00752
Centex Home Equity, respondent, v Amy Cheng, et al., defendants, Ming Chien Hsu, appellant. (Index No. 31307/01)
| 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 30, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 14, 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
M14493
S/sl
2004-01237
Chase Manhattan Mortgage Corporation, respondent, v Harold Mitchell, et al., defendants, Agnes Mitchell, appellant. (Index No. 9911/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 4, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 4, 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
M14445
Y/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
2004-02159 Jose F. Garcia, respondent, v Crown Equipment Corporation, appellant. (Index No. 28642/00)
| 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, Westchester County, dated January 22, 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.
PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14479
J/sl
2004-00297 Gloveman Realty Corporation, appellant, v John Jeffreys, et al., respondents. (Index No. 35896/99)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated November 5, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 21, 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
M14466
Y/sl
DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
2003-04876, 2003-09387 J. Sackaris & Sons, Inc., respondent-appellant, v Terra Firma Construction Management & General Contracting, LLC, defendant third-party plaintiff- appellant-respondent, United States Fidelity and Guaranty Company, a/k/a St. Paul Fire and Marine Insurance Company, defendant-appellant-respondent, et al., defendants; Breger-Terjesen Associates, et al., third-party defendants-respondents. (Index No. 8884/99)
| DECISIONS & ORDER ON MOTION |
Motion by Terra Firma Construction Management & General Contracting, LLC, inter alia, to compel J. Sackaris & Sons, Inc., to pay one-third of the costs of the joint record on appeals and a cross appeal from two orders of the Supreme Court, Nassau County, dated April 17, 2003, and September 13, 2003, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that on or before August 25, 2004, J. Sackaris & Sons, Inc., shall pay one-third of the costs of the joint record on appeal, and shall file proof of payment with the Clerk of this court, and the motion is otherwise denied.
RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14492
S/sl
2004-00980
J.O.E.Y. Management, Inc., et al., respondents, v Warren Sabloff, et al., appellants, et al., defendants. (Index No. 8598/03)
| 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, Nassau County, dated December 10, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 1, 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
M14459
Y/nal
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
2004-05403
Joan M. Gable's La Femmina Beauty Salons, Inc., et al., respondents, v Armelle and Carole Unisex Haircutting Corporation, et al., defendants, Carol Delinois, appellant. (Index No. 1699/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated March 22, 2004, on the ground that the appeal was not timely taken.
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 (see CPLR 5513).
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14506
S/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
2003-11144 Kenrick Lau, appellant, v City of New York, defendant, Sweetbrook Nursery & Garden, et al., respondents. (Index No. 13401/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Richmond County, dated September 15, 2003, on the ground that the appeal was not timely taken. By decision and order on motion of this court dated February 9, 2004, the matter was remitted to the Supreme Court, Richmond County, to hear and report on the issue of if, or when, the order with notice of entry was served upon the attorney for the appellant, and the motion was held in abeyance in the interim. The Supreme Court, Richmond County, has filed its report.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Richmond County, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until October 4, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14396
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
2004-00056 Joseph Marino, appellant, v Stephen R. Pergolizzi, etc., respondent. (Index No. 5057/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated November 24, 2003, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on the court's own motion, the appellant's reply brief, if any, shall be served and filed on or before August 23, 2004.
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14512
S/sl
2004-00987 Domenica A. Miller, et al., plaintiffs, v Cara H. Lieberman, defendant, Chase Manhattan Automative Finance Corp., defendant third-party plaintiff-respondent; Long Island Women's Healthcare Group, P.C., third-party defendant/ fourth-party plaintiff-appellant; Valley Forge Insurance Co., fourth-party defendant-appellant (and a related action). (Index No. 12890-00)
| ORDER ON APPLICATION |
Application by both 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 December 17,2003.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until September 3, 2004, 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
Appellate Division: Second Judicial Department
M14476
E/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
2004-06077 NPR, LLC, respondent, v K.A.B.B., Inc., appellant.
(Index No. 8392/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Orange County, dated June 18, 2004, inter alia, to stay an inquest in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14494
S/sl
2004-00062
Rudgayzer & Gratt, appellant, v Cape Canaveral Tour & Travel, Inc., et al., respondents. (Index No. 11482/03)
| 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 and judgment (one paper) of the Supreme Court, Kings County, dated December 4, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 16, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14468
J/sl
2003-09741
Charanjit Singh Samra, et al., respondents, v Sikh Center of New York, Inc., appellants. (Index No. 2857/03)
| 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, Queens County, dated August 11, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 13, 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
M14462
R/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
2004-06263 David Silberzweig, respondent, v Eileen Carr, appellant.
(Index No. 22761/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to stay enforcement of stated portions of an order of the Supreme Court, Kings County, dated May 27, 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.
PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14487
J/sl
2004-00529, 2004-05777
Charles Sorkin, appellant, v Sierra Assets Group, Ltd., respondent. (Index No. 2830/00)
| 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 appeals from two orders of the Supreme Court, Westchester County, dated December 12, 2003, and May 24, 2004, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 12, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before December 3, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14469
R/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
2004-01032
Injah Tafari, appellant, v State of New York, respondent. (Claim No. 104370)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief |
Motion by the appellant pro se, in effect, for leave to prosecute an appeal from a judgment of the Court of Claims, dated January 6, 2004, as a poor person, for free transcripts, and to waive the filing fee.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are for free transcripts and to waive the filing fee are denied.
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14443
Y/nal
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
2004-06348
Faiga Teitelbaum, appellant, v Private Transportation Corp., respondent. (Index No. 29826/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all discovery in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 23, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14355
Y/sl
GLORIA GOLDSTEIN, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
2004-05892, 2004-05893 Town of Goshen, etc., respondent, v Bosiljka Serdarevic, et al., appellants. (Index No. 7684/03) | DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders of the Supreme Court, Orange County, both dated June 9, 2004, to stay enforcement of the order which granted the respondent's motion for a preliminary injunction, and to enjoin the respondent from undertaking the subject excavation and drainage project in the area in front of the appellant's property on Reservoir Road in Goshen, pending the hearing and determination of appeals from the orders. Application by the respondent, inter alia, for costs and disbursements.
Upon the papers filed in support of the motion and application and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that pending the hearing and determination of the appeal, enforcement of the order dated June 9, 2004, granting the respondent's motion for preliminary injunction is stayed, and the respondent is enjoined from undertaking the subject excavation and drainage project in the area in front of the appellant's property on Reservoir Road in Goshen, on condition that (1) the appellants perfect the appeals on or before September 3, 2004, and (2) the appellants post an undertaking with corporate surety; and it is further,
ORDERED that the matter is remitted to the Supreme Court, Orange County, to hear and report on the amount of the undertaking with corporate surety to be filed by the appellants pursuant to CPLR 6312(b) and the Supreme Court, Orange County, shall file its report with all convenient speed; and it is further,
ORDERED that in the event the appeals are not perfected on or before September 3, 2004, or the appellants fail to post the undertaking, 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 application is denied without prejudice to making a formal motion for the same relief (see CPLR 8022[b])
GOLDSTEIN, J.P., RIVERA, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14453
M/nal
2003-05549, 2003-10075, 2003-10076 In the Matter of Michelle Bouie, appellant, v Juan E. Arvelo, respondent. (Docket No. V-13543/03)
| SCHEDULING ORDER |
Appeals by Michelle Bouie from an order of the Family Court, Kings County, dated June 24, 2003, and an order and an amended order of the same court both dated November 10, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 27, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
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
M14470
E/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
2004-06437 In the Matter of Dylan Brown, et al., petitioners- respondents, v Little League, Inc., appellant.
(Index No. 11136/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Westchester County, dated July 27, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied as academic.
PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14450
Y/nal
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
2004-02771, 2004-02773
In the Matter of Jacob C. (Anonymous). Suffolk County Department of Social Services, respondent; Dawn C. (Anonymous), appellant. (Docket No. B-9092-03)
| 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, Suffolk County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Suffolk County, both dated March 22, 2004, and to grant the appellant leave to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before August 18, 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 appeals and leave to prosecute the appeals as a poor person are denied with leave to the appellant to renew, on or before September 20, 2004, upon the submission of proper papers establishing that she is entitled to poor person relief including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, and itemized expenses.
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14444
M/nal
2004-02353 In the Matter of Sean Campbell, respondent, v Cherisa Campbell, appellant. (Docket Nos. V-3827-03, V-3828-03)
| SCHEDULING ORDER |
Appeal by Cherisa Campbell from an order of the Family Court, Orange County, dated February 20, 2004. The appellant's brief was filed in the office of the Clerk of this court on May 18, 2004. The respondent's brief was served and filed on June 14, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's brief shall be served and filed on or before September 2, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14483
J/sl
2004-00575 In the Matter of Bradley Dost, petitioner, v Brian Wing, et al., respondents. (Index No. 21222/03)
| 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 in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Suffolk County, dated December 10, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 30, 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
M14521
E/sl
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
ROBERT W. SCHMIDT
WILLIAM F. MASTRO, JJ.
2004-05616, 2004-05617 In the Matter of Joan Marie Fotiades, deceased. David Moskoff, appellant; Gregory Fotiades, respondent.
(File No. 519/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Surrogate's Court, Suffolk County, both dated June 23, 2004, inter alia, to stay his eviction from the subject real property pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., FLORIO, SCHMIDT and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14447
S/nal
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
2004-06029
In the Matter of Mary Elizabeth Hartigan, respondent, v Charles Kohlman, appellant. (Docket No. O-05249-04)
| DECISION & ORDER ON MOTION |
Appeal by Charles Kohlman from an order of the Family Court, Nassau County, dated June 15, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14446
S/nal
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
2004-06124
In the Matter of Haydee Meling, respondent, v Joseph Rumore, appellant. (Docket No. P-13233-03)
| DECISION & ORDER ON MOTION |
Appeal by Joseph Rumore from an order of the Family Court, Westchester County, dated March 17, 2004.
Now, on the court's own motion, it is
ORDERED that the appellant's notice of appeal is treated as an application for leave to appeal to this court and leave to appeal is granted (see CPLR 5701[c]).
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14452
M/nal
2004-00441 In the Matter of Michael William O. (Anonymous), a/k/a Michael O. (Anonymous). St. Christopher-Ottilie, respondent; Denise T. (Anonymous), appellant. (Docket No. B-14152/98)
| SCHEDULING ORDER |
Appeal by Denise T. from an order of the Family Court, Queens County, dated November 21, 2003. The transcripts in the above-entitled appeal were received by the appellant on May 20, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until August 30, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M14133
M/nal
2002-00966 In the Matter of Orlando Rodriguez, respondent, v Elia Irizarry, appellant. (Queens County Docket No. V-2263-01) (Kings County Docket Nos. V-12542-96, V-12543-96)
| SCHEDULING ORDER |
Appeal by Elia Irizarry from an order of the Family Court, Queens County, dated January 2, 2002. The appellant's brief was filed in the office of the Clerk of this court on July 22, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
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
M14448
M/nal
2004-04150 In the Matter of Linda Wiemann, respondent, v Christopher Malloy, appellant. (Docket No. O-15240-03)
| SCHEDULING ORDER |
Appeal by Christopher Malloy from an order of the Family Court, Nassau County, dated April 7, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 26, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division : Second Judicial Department
M14393
F/
REINALDO E. RIVERA, J.
2004-05190 The People, etc., plaintiff, v James Desio, defendant. (Ind. No. 3878/00)
| 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 May 26, 2004, which as 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.
REINALDO E. RIVERA
Associate Justice
Appellate Division: Second Judicial Department
M14406
R/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
2001-01586 The People, etc., respondent, v Steven Price, appellant.
(Ind. No. 1421/98)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 17, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until August 11, 2004, and the respondent's brief must be served and filed on or before that date.
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court