Appellate Division: Second Judicial Department
M14761
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2004-05385
Kathleen Clancy, plaintiff-respondent, v Sterling Mets, L.P., f/k/a Sterling Doubleday Enterprises, L.P., d/b/a New York Mets Baseball Club, Inc., appellant; Harry M. Stevens Maintenance Services Inc., et al., defendants-respondents. (Index No. 18714/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M14799
S/sl
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2004-05162
Michael P. Coneys, respondent, v Johnson Control, Inc., appellant, et al., defendants.
(Index No. 16905/01)
| 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, Westchester County, dated January 27, 2004.
ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court on August 10, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14747
E/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2003-10046, 2004-04823
Luis Coque, plaintiff-respondent, v Wildflower Estates Developers, Inc., defendant third-party plaintiff respondent-appellant, Classic Construction, defendant appellant-respondent; City Wide Building Corp., third-party defendant appellant-respondent (and another third-party action).
(Index No. 18365/01)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant appellant-respondent on appeals and a cross appeal from two orders of the Supreme Court, Queens County, dated October 9, 2003, and April 30, 2004, respectively, to stay the trial in the above-entitled action 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., H. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14760
S/sl
|
2004-02630
Dalton Daley, et al., respondents, v Sohail Shahzad, et al., appellants. (Index No. 1234/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 5, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 7, 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
M14749
R/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2004-06240 Ellen Dermigny, appellant, v Nicholas Dermigny, respondent.
(Index No. 13078/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, dated July 2, 2004, to stay so much of the judgment as directed equitable distribution of the parties brokerage account and the respondent's stock options at Muriel Siebert & Co., and to direct the respondent to pay her the sum of $1,500 per month in maintenance 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 branches of the motion which are to stay so much of the judgment as directed equitable distribution of the parties' brokerage account and the respondent's stock options at Muriel Siebert & Co., is granted to the extent that (1) equitable distribution of the parties brokerage account at Muriel Siebert & Co., is stayed to the extent that the sum of $56,377 shall remain in that account pending hearing and determination of the appeal and (2) equitable distribution of the proceeds from the respondent's stock options appropriately exercised is stayed pending hearing and determination of the appeal, on condition that the appeal is perfected by September 10, 2004, and those branches of the motion are otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 10, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14776
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|
2004-01251
Natoya S. Edwards, et al., appellants, v Allstate Insurance Company, respondent. (Index No. 8754/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants Natoya S. Edwards and Eddie Lee Williams, to withdraw their appeal from an order of the Supreme Court, Westchester County, dated December 23, 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 by Natoya S. Edwards and Eddie Lee Williams, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14817
L/
|
2004-01555
Natoya S. Edwards, et al., appellants, v Allstate Insurance Company, respondent. (Index No. 8754/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants Natoya S. Edwards and Eddie Lee Williams, to withdraw their appeal from a judgment of the Supreme Court, Westchester County, entered January 13, 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 by Natoya S. Edwards and Eddie Lee Williams, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14671
E/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2003-10060
Myrna French, plaintiff, v Leonard French, respondent; Samuelson Hause & Samuelson, LLP, nonparty-appellant. (Index No. 31387/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Suffolk County, dated October 25, 2003, to correct a defect in the notice of appeal to reflect that Samuelson Hause & Samuelson, the plaintiff's attorney, and not the plaintiff is the appellant.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the notice of appeal is deemed corrected to reflect that Samuelson Hause & Samuelson is the appellant(see Matter of Tagliaferri v Weiler, 1 NY3d 605; see also CPLR 2001).
ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14762
S/sl
|
2003-11096 Gihon, LLC, respondent, v 501 Second Street, LLC, appellant. (Index No. 3446/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 22, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 20, 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
M14778
E/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-03989
Carol Glick, n/k/a Carol Sheft, respondent, v Russell Glick, appellant. (Index No. 5888/99)
| DECISION & ORDER ON MOTION |
Appeal by Russell Glick from an amended judgment of the Supreme Court, Nassau County, dated January 30, 2004. By order to show cause dated July 1, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 21, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 21, 2004 (see 22 NYCRR 670.4[5]).
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14756
S/sl
|
2003-03627, 2003-05600, 2003-08184, 2003-10801
Karen Hathaway, respondent, v Brion J. Hathaway, appellant. (Index No. 11374/00)
| 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 four orders of the Supreme Court, Queens County, dated February 27, 2003, May 20, 2003, July 14, 2003, and November 20, 2003, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 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
M14775
E/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-03863
Carrie D. Kliphon, appellant, v Scott A. Kliphon, respondent. (Index No. 876/01)
| DECISION & ORDER ON MOTION |
Appeal by Carrie D. Kliphon from an order of the Supreme Court, Suffolk County, dated March 30, 2004. By order to show cause dated July 1, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 19, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 19, 2004 (see 22 NYCRR 670.4[5]).
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14751
E/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2004-00169
Madison Equities, LLC, respondent, v MZ Management Corp., et al., appellants, et al., defendants. (Index No. 26969/01)
| DECISION & ORDER ON MOTION |
Application by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated December 22, 2003, to enlarge the record on appeal to include a certain document dated October 13, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14794
PL/sl
|
2003-08760, 2003-08977
Mahopac Opthamology, P.C., appellant, v Sandra Tarasevich, respondent. (Index No. 12068/02)
| 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, Westchester County, entered September 3, 2003, and September 26, 2003, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 23, 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
M14758
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|
2004-04025
Mary Immaculate Hospital, a/a/o Catherine Diogene, et al., respondents, v Government Employees Insurance Company, appellant. (Index No. 8712/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated March 24, 2004.
Upon the stipulation of the parties, dated August 5, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14806
S/sl
|
2003-07166 Michael F. Mastrangelo, respondent, v A. Terrill Manning, et al., appellants. (Index No. 707/97)
| 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, Putnam County, dated July 15, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 15, 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
M14779
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2004-03472
Ellen Mullen, respondent, v Patrick J. Mullen, appellant. (Index No. 26466/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk 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
M14780
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|
2004-02108
Allison M. Seims, appellant, v George L. Ober, respondent. (Index No. 8420/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 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
M14755
S/sl
|
2004-01054
Franziska Susskind, respondent-appellant, v Horst Susskind, appellant-respondent. (Index No. 7300/02)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated December 16, 2003.
ORDERED that the application is granted; and it is further,
ORDERED that the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, on or before August 24, 2004 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14767
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2004-03062
Tsunis Rosner, LLC, etc., appellant. v Goldsmith Motor Corporation, etc., et al., respondents. (Index No. 20694/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 30, 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
M14763
L/
|
2003-09443
Universal Bonding Insurance Company, et al., respondents, v Phoenix Wrecking Corporation, et al., defendants; Mackroyce Contracting Corporation, et al., appellants. (Index No. 44452/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 1, 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
M14754
E/sl
DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
|
2003-10605 Catherine Upton, et al., appellants-respondents, v Redmond Products, Inc., et al., defendants- third-party plaintiffs-respondents, Lamaur Corporation, defendant-respondent, United States Can Company, defendant second third-party plaintiff-respondent-appellant; Dow Brands, et al., third-party defendants; Dow Chemical Company, et al., second third-party defendant-respondents. (Index No. 6810/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents on an appeal and cross appeal from a judgment of the Supreme Court, Queens County, dated September 19, 2003, to direct the respondent-appellant to pay for one-half the cost of the transcript and the record on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission of the appeals.
RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14757
S/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2004-04981 Daniel Venuto, plaintiff, v City of New York, defendant.
(Index No. 5938/99)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Kings County, dated May 12, 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; and it is further,
ORDERED that the appeal taken as of right is dismissed, without costs or disbursements, as the order is not appealable as of right (see CPLR 5701).
SANTUCCI, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14769
L/
|
2004-01022
Wells Fargo Home Mortgage, Inc., respondent, v Joseph Rothenberg, appellant. (Index No. 475/03)
| 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 January 5, 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
M14584
M/nal
|
2004-06450 In the Matter of Kofi Kari Kari Awere, appellant, v Gertrude Sims, respondent. (Docket No. F-06810-02)
| SCHEDULING ORDER |
Appeal by Kofi Kari Kari Awere from an order of the Family Court, Queens County, dated June 23, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14748
E/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2004-05064 In the Matter of Valerie B. (Anonymous).
(Index No. 18021/04)
| DECISION & ORDER ON MOTION |
Motion by Valerie B., inter alia, for leave to appeal to this court from an order of the Supreme Court, Kings County, dated November 13, 2003, and for leave to prosecute the appeal on the original papers.
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 appeal is denied as an order of conditions is not appealable (see CPL 330.20[21][a][ii]); and it is further,
ORDERED that the motion is otherwise denied as academic.
SANTUCCI, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14563
M/nal
|
2004-06572 In the Matter of "Baby Doe." Administration for Children's Services, respondent; Doreen S. (Anonymous), appellant. (Docket No. V-08914-04, N- 018898-04)
| SCHEDULING ORDER |
Appeal by Doreen S. from an order of the Family Court, Kings County, dated June 16, 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
M14782
E/sl
DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
|
2003-10481
In the Matter of Leslie Barnes, respondent, v Janette Mickelsen-Barnes, appellant. (Docket No. O-7954/03)
| DECISION & ORDER ON MOTION |
Appeal by Janette Mickelsen-Barnes from an order of the Family Court, Westchester County, dated October 15, 2003. By order to show cause dated July 1, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 24, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 24, 2004 (see 22 NYCRR 670.4[5]).
RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14784
E/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-10506
In the Matter of Jacqueline Bielli, respondent, v Arthur Bielli, appellant. (Docket No. F-00837/02)
| DECISION & ORDER ON MOTION |
Appeal by Arthur Bielli from an order of the Family Court, Nassau County, dated October 27, 2003. By order to show cause dated June 30, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 7, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 7, 2004 (see 22 NYCRR 670.4[5]).
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14706
M/nal
|
2004-06625 In the Matter of Eric C. (Anonymous), appellant. (Docket No. D-1177/04)
| SCHEDULING ORDER |
Appeal by Eric C. from an order of the Family Court, Orange County, dated July 14, 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 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14702
M/nal
|
2004-05640 In the Matter of Isiah C. (Anonymous). Suffolk County Department of Social Services, respondent; Michael L. (Anonymous), appellant. (Docket No. N-17702-03)
| SCHEDULING ORDER |
Appeal by Michael L. from an order of the Family Court, Suffolk County, dated June 25, 2004. By decision and order of this court dated August 5, 2004, the following attorney was assigned as counsel on the appeal:
Noel C. Dillon, Esq.
191 New York Avenue
Huntington, New York 11743
(631) 673-7555
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated August 5, 2004, has been served upon the clerk of the court from which the appeal is taken, 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 Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M14759
L/
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2004-02042
In the Matter of Michael Collins, appellant, v Striker Sheet Metal, Inc., respondent. (Index No. 14594/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 1, 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
M14750
S/sl
WILLIAM F. MASTRO, J.P.
ROBERT A. SPOLZINO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2004-04865, 2004-05514 In the Matter of Alexis D.-B. (Anonymous), respondent; Barbara H. (Anonymous), nonparty.
(Docket No. S-7455/04)
| DECISION & ORDER ON MOTION |
Motion by the nonparty, Barbara H. (1) for leave to reargue her prior motion for, among other things, leave to appeal to this court from an unsigned transcript of the Family Court, Suffolk County, dated May 24, 2004, and (2), inter alia, for leave to appeal to this court from an order of the Family Court, Suffolk County, dated June 23, 2004, and to stay all proceedings in the above-entitled matter 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 in all respects.
MASTRO, J.P., SPOLZINO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14772
E/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-00253
In the Matter of Vanessa Elem, respondent, v Oscar Lee, Jr., appellant. (Docket No. P-10942/93)
| DECISION & ORDER ON MOTION |
Appeal by Oscar Lee, Jr., from an order of the Family Court, Kings County, dated December 2, 2003. By order to show cause dated June 21, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 7, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 7, 2004 (see 22 NYCRR 670.4[5]).
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14797
M/nal
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2003-02079, 2003-02109 In the Matter of Dalzelle Monique H. (Anonymous). Child Development Support Corp., respondent; Zenobia H. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-2646/01) In the Matter of Fernando Ricardo H. (Anonymous). Child Development Support Corp., respondent; Zenobia H. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-2647/01)
| SCHEDULING ORDER |
Appeals by Zenobia H. from two orders of the Family Court, Kings County, both dated January 23, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 4, 2004, the respondent's brief was served and filed on June 24, 2004, and the law guardian's brief was served and filed on July 29, 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 serve and file a reply brief on the appeal is enlarged until September 3, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14802
M/nal
|
2003-10141 In the Matter of Jose I. (Anonymous), Jr. Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-20947-00) In the Matter of Tiana E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-20948-00) In the Matter of Jessica E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-20949-00) In the Matter of Joseph N. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 4) (Docket No. N-20950-00) In the Matter of Deborah E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 5) (Docket No. N-20951-00)
| SCHEDULING ORDER |
Appeal by Brenda E. from an order of the Family Court, Kings County, dated October 9, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 4, 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(s) 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14786
E/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-00095
In the Matter of Marion J. (Anonymous), respondent, v Philip J. (Anonymous), appellant. (Docket No. O-8060/02)
| DECISION & ORDER ON MOTION |
Appeal by Philip J. from an order of the Family Court, Queens County, dated June 4, 2002. By order to show cause dated June 30, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated April 19, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated April 19, 2004 (see 22 NYCRR 670.4[5]).
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14746
R/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2004-06643 In the Matter L&G Merchandising Co., Inc. Herbert Terowsky, respondent; Charlotte Goldstein, appellant.
(Index No. 14125/01)
| DECISION & ORDER ON MOTION |
Motion by Charlotte Goldstein for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated July 27, 2004, and to stay enforcement of the order pending hearing and determination of the appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied as unnecessary (see CPLR 5701[a][2][v]); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order is denied.
SANTUCCI, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14710
M/nal
|
2004-06658 In the Matter of Franky Lopez, appellant, v Laurie Giles, respondent. (Docket No. V-11850-03)
| SCHEDULING ORDER |
Appeal by Franky Lopez from an order of the Family Court, Westchester County, dated June 22, 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 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14707
M/nal
|
2004-06632 In the Matter of Ronald Munster, respondent, v Jacqueline Munster, appellant. (Docket No. V-18658-03)
| SCHEDULING ORDER |
Appeal by Jacqueline Munster from an order of the Family Court, Suffolk County, dated June 28, 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 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14803
M/nal
|
2004-04902 In the Matter of Jaquan P. (Anonymous), appellant. (Docket No. D-11935-03)
| SCHEDULING ORDER |
Appeal by Jaquan P. from an order of the Family Court, Nassau County, dated May 4, 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 September 15, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14768
E/sl
DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
|
2004-02790 In the Matter of Diane Qualliotine, appellant, v Joel I. Posner, respondent. (Docket No. F-05662/02)
| DECISION & ORDER ON MOTION |
Appeal by Diane Qualliotine from an order of the Family Court, Nassau County, dated February 25, 2004. By order to show cause dated June 10, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated April 15, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated April 15, 2004 (see 22 NYCRR 670.4[5]).
RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14773
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2004-03377
In the Matter of Melba Rodriguez, appellant, v Craddock Semple, respondent.
(Docket No. V-5895-01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated March 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
M14708
M/nal
|
2004-06627 In the Matter of Susan Rudick, appellant, v Donald H. Rudick, respondent. (Docket No. F-02970-99)
| SCHEDULING ORDER |
Appeal by Susan Rudick from an order of the Family Court, Suffolk 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 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14804
M/nal
|
2004-02791 In the Matter of Christian T. (Anonymous). Administration for Children's Services, respondent; Luther T. (Anonymous), appellant. In the Matter of Adreen T. (Anonymous). Administration for Children's Services, respondent; Luther T. (Anonymous), appellant. (Docket Nos. N-3806-02, N-3807-02)
| SCHEDULING ORDER |
Appeal by Luther T. from an order of the Family Court, Queens County, dated December 3, 2003. The appellant's brief was filed in the office of the Clerk of this court 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 respondent's time to serve and file a brief on the appeal is enlarged until August 31, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14704
M/nal
|
2004-06611, 2004-06612, 2004-06613 In the Matter of Gail Tabernuro, respondent, v Reginald Jones, appellant. (Docket No. V-12964-02, V-27181-01, O-34251-03)
| SCHEDULING ORDER |
Appeals by Reginald Jones from three orders of the Family Court, Kings County, all dated July 8, 2004. 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 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 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14752
E/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2003-11451, 2004-03186 In the Matter of Village of Port Chester, respondent; Maria Martinez, d/b/a Mark Anthony Restaurant, appellant. (Index No. 3564/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from a judgment of the Supreme Court, Westchester County, entered November 20, 2003, and an order of the same court entered March 15, 2004, in effect, for leave to serve and file a supplemental record containing two letters, both dated July 24, 2003, attached as Exhibits A and B to the respondent's motion papers.
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 respondent shall serve and file the supplemental record on or before August 27, 2004, and the supplemental record shall be served and filed on or before that date.
SANTUCCI, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14790
M/nal
|
2004-03587 In the Matter of Lioida W. (Anonymous). Administration for Children's Services, respondent; Bernice W. (Anonymous), appellant. (Docket No. B-12378-99)
| SCHEDULING ORDER |
Appeal by Bernice W. from an order of the Family Court, Kings County, dated March 29, 2004. By decision and order of this court dated August 5, 2004, the following attorney was assigned as counsel on the appeal:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
(212) 227-0206
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated August 5, 2004, has been served upon the clerk of the court from which the appeal is taken, 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 Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M14807
S/sl
|
2003-09923
In the Matter of W. C. Lincoln Corp., petitioner, v Village of Monroe, respondent.
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to EDPL 207.
ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until August 31, 2004, and the petitioner'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
M14743
R/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2004-03685 The People, etc., respondent, v Kevin Cioffi, et al., appellants. (Ind. No. 6467/01)
| DECISION & ORDER ON MOTION |
Separate motions by the appellants Anthony White, George Kirschbaum, A-Best Used Auto Parts, Inc., and A & G Auto Dismantling, Inc., and the appellants F & S Auto Parts, Inc., John Faraci, and Thomas Lynagh, and the appellant Kevin Cioffi, to enlarge the time to perfect their respective appeals from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered April 21, 2004, and to continue the stay of execution of said judgment pending determination of the appeals to this court.
Upon the papers filed in support of the motion and upon the stipulation of the parties, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted; and it is further,
ORDERED that the appellants' time to perfect the appeals is enlarged until October 20, 2004, and the appellants' respective briefs must be served and filed on or before that date; and it is further,
ORDERED that the stay of execution of the judgment granted by order of the Supreme Court, Kings County (Tomei, J.), dated April 21, 2004, is extended pending hearing and determination of the appeals, on condition that the appeals are perfected by October 20, 2004; and it is further,
ORDERED that counsel for the respective defendants shall serve a copy of this order, by mail, on the Clerk of the court from which the appeals are taken.
ORDERED that this stay shall terminate and be of no further effect as to each defendant, and each defendant shall thereafter surrender to serve the sentence imposed on that defendant, unless the appeal for that defendant is perfected on or before October 20, 2004 ; and it is further,
ORDERED that upon the termination of this stay as to each defendant as provided above, this order shall constitute authorization to any peace officer to arrest and deliver that defendant to the sentencing court to begin the execution of sentence.
SANTUCCI, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M14375
F/
HOWARD MILLER, J.
|
2004-04899 The People, etc., plaintiff, v John P. Daly, defendant. (Ind. No. 1561/01)
| 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 29, 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.
HOWARD MILLER
Associate Justice
Appellate Division : Second Judicial Department
M14392
F/
SONDRA MILLER, J.
|
2004-05449 The People, etc., plaintiff, v Paul Fluitt, defendant. (Ind. No. 5669/87)
| 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 April 20, 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.
SONDRA MILLER
Associate Justice
Appellate Division: Second Judicial Department
M14809
S/sl
|
2002-09861
The People, etc., respondent, v Tyrell Johnson, appellant.
(Ind. No. 834/01)
| 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 a judgment of the Supreme Court, Kings County, rendered October 4, 2002.
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
M14467
S/sl
HOWARD MILLER, J.
|
2004-03870 The People, etc., respondent, v Mark Nonni, appellant. (Ind. No. 61395/85)
| 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 2, 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.
HOWARD MILLER
Associate Justice
Appellate Division : Second Judicial Department
M14391
F/
SONDRA MILLER, J.
|
2004-05187 The People, etc., plaintiff, v Matthew Ottey, defendant. (Ind. No. 7560/99)
| 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 May 4, 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.
SONDRA MILLER
Associate Justice