Appellate Division: Second Judicial Department
M28899
Y/nal
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2004-06888
Ousman Ali, respondent, v National Railroad Passenger Corporation, appellant. (Index No. 28509/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this court, dated May 9, 2005, which determined an appeal from an order of the Supreme Court, Queens County, dated July 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.
FLORIO, J.P., SANTUCCI, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28859
S/sl
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2004-10175
Jacob Antoine, appellant, v Gregory Damon Bee, respondent. (Index No. 15502/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated July 16, 2004.
ORDERED that the application is granted and the reply brief shall be filed on or before August 19, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28864
Y/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-10372 Malkie Ashkenazi, appellant, v Hertz Rent A Car, respondent. (Index No. 21759/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, entered August 16, 2004, which was determined by decision and order of this court dated May 16, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Application by the respondent for costs and an attorney's fee.
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 denied, with $100 costs; and it is further,
ORDERED that the application is denied, without prejudice to the respondent making a motion for the same relief (see CPLR 8022[b]).
PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28858
Y/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2005-03447 Helen Axelrod, appellant-respondent, v Howard Axelrod, respondent-appellant. (Index No. 17886/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated February 28, 2005.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until January 2, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
PRUDENTI, P.J., S. MILLER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28856
S/sl
|
2005 01644
Agatha Burns, appellant, v Hannah Stranger, respondent. (Index No. 222/02)
| 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, Nassau County, dated January 6, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 15, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28904
O/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
DANIEL F. LUCIANO, JJ.
|
2004-00631 Gerard F. Fitzgerald, et al., appellants, v New York City School Construction Authority, et al., respondents, et al., defendant (and a third-party action). (Index No. 25598/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated May 31, 2005, which determined an appeal from a judgment of the Supreme Court, Queens County, dated October 28, 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.
COZIER, J.P., RITTER, SANTUCCI and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28854
Y/sl
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-11195 405 Bedford Avenue Development Corp., respondent, v New Metro Construction Ltd., etc., et al., appellants, et al., defendants. (Index No. 30294/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to strike portions of the appellants' brief and record on appeal from an order of the Supreme Court, Kings County, dated March 19, 2004, on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike portions of the record is granted to the extent that, on or before August 30, 2005, the appellants shall remove from all copies of the record on appeal on file with this court pages 9 through 10 and pages 66 through 67, and the appellants shall replace those pages with accurate copies of the subject material, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is for an enlargement of time is granted, the respondent's time to serve and file a brief is enlarged until September 30, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28869
O/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-05022 Muriel F. Johnson, etc., respondent, v Queens-Long Island Medical Group, P.C., et al., appellants, et al., defendant. (Index No. 10392/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Westchester County, dated May 26, 2004, which was determined by decision and order of this court dated April 11, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28908
S/sl
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2005-07115 Estelle Liebowitz, etc., appellant, v Joseph Kolodny, et al., respondents.
(Index No. 10032/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated July 19, 2005.
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 of the above-entitled action is stayed pending hearing and determination of the appeal.
FLORIO, J.P., SANTUCCI, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28862
S/sl
|
2004-06964
Dianne Malaspina, respondent-appellant, v Victory Memorial Hospital, defendant third-party plaintiff-appellant-respondent, Dyker Emergency Physicians , P.C., etc., et al., defendants-respondents; Michael Lacqua, etc., et al., third-party defendants- respondents.
(Index No. 21722/96)
| 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 reply brief on an appeal and cross appeal from a judgment of the Supreme Court, Kings County, entered June 22, 2004.
ORDERED that the application is granted and the respondent-appellant's reply brief shall be served and filed on or before August 22, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28889
O/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-05073 Carol McElrath, etc., et al., respondents, v Lakeland Central School District, appellant. (Index No. 21207/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Westchester County, dated June 1, 2004, which was determined by decision and order of this court dated May 31, 2005, and separate motion by the appellant, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied, with $100 costs.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28626
Y/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2004-10083, 2005-07150 Corey McKibbon, appellant, v Linda McKibbon, respondent. (Index No. 21601/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from a decision of the Supreme Court, Suffolk County, dated October 19, 2004, and an order of the same court dated July 12, 2005, to stay enforcement of the order dated July 12, 2005, pending hearing and determination of the appeals.
ORDERED that on the court's own motion the appellant is directed to make an application, forthwith, to the Surrogate's Court for the appointment of a personal representative for the deceased defendant former wife (see CPLR 1015[a]; 1021); and it is further,
ORDERED that the appeals and the motion are held in abeyance pending the appointment of a personal representative; and it is further,
ORDERED that the appellant is directed to promptly notify this court of the determination by the Surrogate's Court of the application for the appointment of a personal representative.
PRUDENTI, P.J., S. MILLER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28911
S/sl
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE, JJ.
|
2005-03936 Kevin Medina, plaintiff-respondent, v White Plains Realty Associates, L.P., defendant third-party plaintiff appellant-respondent, Pan American Investigation Services, Inc., respondent-appellant; Pro Janitorial, LLC, a/k/a Pro-Janitorial, a/k/a Pro Service Partners, third-party defendant-respondent. (Index No. 04309/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated April 7, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is granted and the trial of the above-entitled action is stayed pending hearing and determination of the appeal.
FLORIO, J.P., SANTUCCI, KRAUSMAN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28884
E/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2004-09402, 2004-09403 Peter Moutafis, respondent, v William Osborne, appellant. (Index No. 29777/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue appeals from an order of the Supreme Court, Suffolk County, dated August 5, 2004, and a judgment of the same court entered October 15, 2004, which were determined by decision and order of this court dated May 23, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SCHMIDT, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28909
J/sl
|
2004-07246
Frida Muniz, respondent, v New York City Transit Authority, appellant.
(Index No. 5705/02)
| 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, dated July 19, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 17, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28907
S/sl
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE, JJ.
|
2005-07203 Elizabeth Palmer, appellant, v Thomas Walters, respondent.
(Index No. 564/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the retrial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, dated July 1, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,
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 16, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 16, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FLORIO, J.P., SANTUCCI, KRAUSMAN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28867
Y/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT A. LIFSON, JJ.
|
2004-00363 Arkalgud Ramachandra, et al., plaintiffs, Arkalgud Lakshmidevi, appellant, v Gelco Corporation, et al., respondents, et al., defendant (and a third-party action). (Index No. 50/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents Gelco Corporation and Howard Cohen to dismiss the complaint in the above-entitled action for the appellant's failure to comply with the decision and order of this court dated December 20, 2004, which determined an appeal from an order of the Supreme Court, Queens County, dated October 1, 2003. Cross motion by the appellant, inter alia, to direct that she be deposed via live video deposition, and separate cross motion by the respondents Floyd Sommerville and Bass & Bass Construction, inter alia, to dismiss the complaint pursuant to CPLR 3211, 3126, and 3216.
Upon the papers filed in support of the motion and cross motions and the papers filed in opposition thereto, it is
ORDERED that the motion and cross motions are denied, without prejudice to the parties seeking relief in the Supreme Court, Queens County.
KRAUSMAN, J.P., LUCIANO, MASTRO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28868
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
|
2004-00359, 2004-03407 Viktor Rudovic, et al., appellants, v Board of Managers of Park Manor Condominium, et al., respondents. (Index No. 28735/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated April 11, 2005, which determined appeals from an order of the Supreme Court, Queens County, dated November 24, 2003, and a judgment of the same court entered February 4, 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.
H. MILLER, J.P., RITTER, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28866
S/sl
|
2005-00695
Salvatore Sereno, appellant, v 400 East 51st Street, LLC, et al., respondents.
(Index No. 42425/02)
| 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 November 9, 2004.
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
M28903
E/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-00545 Gary Sinensky, et al., appellants-respondents, v Solomon Rokowsky, et al., respondents- appellants. (Index No. 11250/04)
| DECISION & ORDER ON MOTION |
Separate motions by the respondent-appellant Solomon Rokowsky and the respondents-appellants Victor Fein, Stanley Weiss, Board of Directors of Premier House, Inc., and Premier House, Inc., on an appeal and cross appeals from an order of the Supreme Court, Kings County, dated December 9, 2004, inter alia, to strike the appellants-respondents reply brief on the ground that it refers to matter dehors the record and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branches of the motions which are to strike the appellants-respondents' reply brief are granted to the extent that the last paragraph on page 19 which ends on the top of page 20 is stricken and on or before August 29, 2005, the appellants-respondents shall delete or remove that material from the copies of the reply brief on file with the Clerk of this court or serve and file a replacement reply brief that does not contain the stricken material, and those branches of the motions are otherwise denied; and it is further,
ORDERED that the branch of the motion of the respondent-appellant Solomon Rokowsky which is to enlarge his time to serve and file a reply brief is denied as academic as the respondent-appellant Solomon Rokowsky has served and filed his reply brief; and it is further,
ORDERED that the branch of the motion the respondents-appellants Victor Fein, Stanley Weiss, Board of Directors of Premier House, Inc., and Premier House, Inc., to serve and file their reply brief is granted, the time of those respondents-appellants to serve and file their reply brief is enlarged until August 29, 2005, and the reply brief of those respondents-appellants shall be served and filed on or before that date; and it is further,
ORDERED that the motions are otherwise denied.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28901
Y/nal
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-05566
Richard Stone, appellant, v Greenspan & Greenspan, respondent. (Index No. 2369/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Westchester County, dated June 8, 2004, which was determined by decision and order of this court dated June 6, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28900
Y/nal
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-05101
Richard Stone, appellant, v Norman Stone, respondent, et al., defendants. (Index No. 7141/79)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Westchester County, dated June 8, 2004, which was determined by decision and order of this court dated June 6, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28738
M/nal
|
2005-07552 In the Matter of Zev Asch, respondent, v Laura Asch, appellant. (Docket No. F-09855-04)
| SCHEDULING ORDER |
Appeal by Laura Asch from an order of the Family Court, Suffolk County, dated June 24, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes 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
M28700
M/nal
|
2005-06838 In the Matter of Baby Boy B. (Anonymous). Rochelle "Anonymous," et al., petitioners-respondents; Mallory "Anonymous," respondent-appellant, et al., respondent; Glenn Gucciardo, nonparty-appellant. (Docket No. A-58-05)
| SCHEDULING ORDER |
Appeal by the law guardian, Glenn Gucciardo, from an order of the Family Court, Suffolk County, dated June 24, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M28710
M/nal
|
2005-07515 In the Matter of Markia B. (Anonymous). Suffolk County Department of Social Services, respondent; Raniqua B. (Anonymous), appellant. (Docket No. N-5438-05)
| SCHEDULING ORDER |
Appeal by Raniqua B. from an order of the Family Court, Suffolk County, dated July 22, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes 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
M28905
O/sl
THOMAS A. ADAMS, J.P.
BARRY A. COZIER
DAVID S. RITTER
PETER B. SKELOS, JJ.
|
2004-04744 In the Matter of Donna Colon, appellant, v GEICO, respondent. (Index No. 6153/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated April 5, 2004, which was determined by decision and order of this court dated May 2, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
ADAMS, J.P., COZIER, RITTER and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28705
M/nal
|
2005-07517 In the Matter of Renee Elizabeth D. (Anonymous). Westchester County Department of Social Services, respondent; Jessica D. (Anonymous), appellant. (Docket No. B-1968-05)
| SCHEDULING ORDER |
Appeal by Jessica D. from an order of the Family Court, Westchester County, dated June 7, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes 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
M28739
M/nal
|
2005-07564 In the Matter of Sekou E. (Anonymous). Gregory E. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ruth C. (Anonymous), respondent, v Gregory E. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N- 2289/99, V-12832/03)
| SCHEDULING ORDER |
Appeal by Gregory E. from an order of the Family Court, Queens County, dated May 6, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that 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
M28737
M/nal
|
2005-07554 In the Matter of Adrian Fixman, appellant, v Melvin Fixman, respondent. (Docket No. U-11982/02)
| SCHEDULING ORDER |
Appeal by Adrian Fixman from an order of the Family Court, Queens County, dated July 1, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M28707
M/nal
|
2005-07240 In the Matter of Louis Galanos, respondent, v Suzanne Galanos, appellant. (Docket Nos. V-5192-03, V-5193-03)
| SCHEDULING ORDER |
Appeal by Suzanne Galanos from an order of the Family Court, Dutchess County, dated July 1, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M28712
M/nal
|
2005-07530 In the Matter of Zoya Krivorot, appellant, v Anthony Krivorot, respondent. (Docket No. F-01562-04)
| SCHEDULING ORDER |
Appeal by Zoya Krivorot from an order of the Family Court, Richmond County, dated May 4, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M28736
M/nal
|
2005-07550 In the Matter of Richard L. Phillips, appellant, v Robin S. Pagano, respondent. (Docket No. V-08916-04)
| SCHEDULING ORDER |
Appeal by Richard L. Phillips from an order of the Family Court, Nassau County, dated July 14, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M28892
O/nal
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2004-10100
In the Matter of John Shields, et al., appellants, v Charlotte Madigan, etc., et al., respondents.
(Index No. 1458/04)
| DECISION & ORDER ON MOTION |
Separate motions by the Family Research Council, the New York State Catholic Conference, and the United Families International for leave to file an amicus curiae brief on an appeal from a judgment of the Supreme Court, Rockland County, dated October 18, 2004.
Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motions are granted; and it is further,
ORDERED that the amici curiae briefs must be served on the parties, and nine copies filed in this court on or before September 6, 2005; and it is further,
ORDERED that no oral argument by the amici curiae shall be permitted; and it is further,
ORDERED that the parties, if they be so advised, may file reply briefs to the amici curiae briefs on or before September 20, 2005; and it is further,
ORDERED that the parties, if they be so advised, may file a single brief in reply to the brief of the amici curiae briefs.
PRUDENTI, P.J., S. MILLER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28883
S/nal
|
2005-02838
In the Matter of Barbara N. Taylor, appellant, v New York City Board of Elections, et al., respondents. (Index No. 25346-04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 7, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 6, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28850
S/sl
|
2005-01924
In the Matter of Village of Sleepy Hollow, etc., et al., respondents-appellants, v Board of Trustees of Village of Tarrytown, et al., appellants-respondents. (Proceeding No. 1) (Index No. 5940/04) In the Matter of Roseland/Sleepy Hollow, LLC, respondent, v Board of Trustees of Village of Tarrytown, et al., appellants. (Proceeding No. 2) (Index No. 17661/04)
| ORDER ON APPLICATION |
Application by the respondents-appellants in Proceeding No. 1 pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and cross appeals from an order of the Supreme Court, Westchester County, dated January 31, 2005. Separate application by the appellants-respondents in Proceeding No. 1 and the appellants in Proceeding No. 2 for the same relief.
ORDERED that the applications are granted; and it is further,
ORDERED that the time of the appellants and the appellants-respondents to perfect their appeals is enlarged until October 28, 2005, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the brief of the appellants-respondents and the appellants must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering briefs, including their points of argument on their cross appeals, 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
M28699
M/nal
|
2005-07553 In the Matter of Corey W. (Anonymous). Suffolk County Department of Social Services, respondent; John S. W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Kaila W. (Anonymous). Suffolk County Department of Social Services, respondent; John S. W. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N- 22042-04, N-22043-04)
| SCHEDULING ORDER |
Appeal by John S. W. from an order of the Family Court, Suffolk County, dated June 24, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled 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
M28708
M/nal
|
2005-07225 In the Matter of Veronica J. Young, o/b/o Jeremy Frankel, et al., respondent, v Joshua Frankel, appellant. (Docket No. V-1641-04)
| SCHEDULING ORDER |
Appeal by Joshua Frankel from an order of the Family Court, Rockland County, dated July 1, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M28885
O/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2002-11251 The People, etc., respondent, v Ralik Bailey, appellant. (Ind. No. 1319/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this court dated October 28, 2003, which dismissed an appeal from a purported judgment of the Supreme Court, Kings County, dated October 10, 2002, on the ground that the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered December 15, 1995, to be brought to execution (see People v Crawford, 239 AD2d 514), to reinstate the appeal, and to enlarge the 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 motion is denied.
PRUDENTI, P.J., S. MILLER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28677
L/
ANITA R. FLORIO, JJ.
|
2005-04169 The People, etc., plaintiff, v Anthony Catoe, defendant. (Ind. No. 730/88)
| 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 March 29, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ANITA R. FLORIO
Associate Justice
Appellate Division: Second Judicial Department
M28821
E/sl
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-01009 The People, etc., respondent, v Marvin Crosby, appellant. (Ind. No. 5287/01)
| 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, Kings County, rendered January 27, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until October 21, 2005, and the respondent's brief must be served and filed on or before that date.
COZIER, J.P., SANTUCCI, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28863
Y/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2000-05779 The People, etc., respondent, v Salvatore DiFiore, appellant. (Ind. No. 3284/98)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered May 17, 2000, 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 motion is denied as unnecessary; the relief sought has already been granted by decision and order on motion of this court dated November 14, 2000; and it is further,
ORDERED that on the court's own motion, on or before October 17, 2005, the appellant must either (1) perfect the appeal, (2) retain new counsel and notify this court in writing of the name, address, and telephone number of his new attorney on the appeal, or (3) make a motion for the assignment of counsel.
PRUDENTI, P.J., S. MILLER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28882
S/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
DAVID S. RITTER, JJ.
|
2005-05479 The People, etc., respondent, v Roy Dumas, appellant. (Ind. No. 3650/82)
| DECISION & ORDER ON MOTION |
Motion by the People pursuant to an order of the Federal District Court for the Eastern District of New York, dated May 23, 2005, to allow the defendant to take an appeal from a judgment of the Supreme Court, Queens County, rendered May 27, 1983. By decision and order on motion dated July 6, 2005, the motion was held in abeyance pending determination of an appeal by the People from an order of the Federal District Court for the Eastern District of New York, dated September 20, 2001, in an action entitled Dumas v Kelly, pending under Index No. 97 CV 2210 (JG), in the Court of Appeals for the Second Circuit. The People have notified this court that the Court of Appeals for the Second Circuit has affirmed the order issued in Dumas v Kelly.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on or before October 21, 2005, the appellant shall either (1) retain counsel to prosecute the appeal and advise this court of the name of retained counsel, or (2) make a motion before this court for leave to prosecute the appeal as a poor person and for the assignment of counsel; and it is further,
ORDERED that if the appellant fails to either advise this court of the name of his retained counsel or move for poor person relief and the assignment of counsel the Clerk of this court shall issue an order to show cause as to why the appeal should not be dismissed as abandoned.
H. MILLER, J.P., SCHMIDT, COZIER and RITTER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28675
L/
ANITA R. FLORIO, JJ.
|
2005-05921 The People, etc., plaintiff, v Shawn Green, defendant. (Ind. No. 3580/96)
| 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, Kings County, dated May 13, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ANITA R. FLORIO
Associate Justice
Appellate Division: Second Judicial Department
M28865
R/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
SONDRA MILLER
REINALDO E. RIVERA, JJ.
|
2002-03374 The People, etc., respondent, v Walter Hampton, appellant.
(Ind. No. 915/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Nassau County, rendered March 28, 2002, for leave to reargue a prior motion to recall and vacate a decision and order on motion of this court dated October 9, 2003, to reinstate the appeal, and to enlarge the time to perfect the appeal, which was determined by decision and order on motion of this court dated December 7, 2004.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is granted, and upon reargument, the decision and order on motion of this court dated October 9, 2003, is recalled and vacated, and the appeal is reinstated, and it is further,
ORDERED that on or before October 20, 2005, the appellant must either (1) perfect the appeal; (2) retain counsel and notify this court in writing of the name, address, and telephone number of such retained counsel; or (3) make a motion for poor person relief and the assignment of counsel; and it is further,
ORDERED that if the appellant does not comply with the foregoing, the Clerk of this court shall issue an order to all parties to show cause why the appeal should or should not be dismissed as abandoned (see CPL 470.60).
PRUDENTI, P.J., H. MILLER, S. MILLER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28857
E/sl
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-01631 The People, etc., respondent, v Danny Hearns, appellant. (Ind. No. 5287/01)
| 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, Kings County, rendered January 27, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
Appellate Division : Second Judicial Department
M28513
F/
ANITA R. FLORIO, J.
|
2005-01144 The People, etc., plaintiff, v Derrick A. Hoover, defendant. (Ind. No. 4999/85)
| 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 Supreme Court, Kings County, dated January 3, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ANITA R. FLORIO
Associate Justice
Appellate Division : Second Judicial Department
M26928
F/
FRED T. SANTUCCI, J.
|
2005-04712 The People, etc., plaintiff, v Raheem Mohammed, a/k/a Rhakin Mohammed, defendant. (Ind. No. 5633/90)
| 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 23, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
FRED T. SANTUCCI
Associate Justice
Appellate Division: Second Judicial Department
M28860
O/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2003-01806 The People, etc., respondent, v William Nealy, appellant. (Ind. No. 973/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered July 22, 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 it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before October 3, 2005.
PRUDENTI, P.J., S. MILLER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M28516
F/
ANITA R. FLORIO, J.
|
2005-01375 The People, etc., plaintiff, v Frank Oglesby, defendant. (Ind. No. 4506/96)
| 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, Kings County, dated January 3, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ANITA R. FLORIO
Associate Justice
Appellate Division: Second Judicial Department
M28853
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2001-06695 The People, etc., respondent, v Ricky Panawoty, appellant. (Ind. No. 3534/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, rendered June 21, 2001, which was determined by decision and order of this court dated May 9, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, CRANE, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28673
L/
ANITA R. FLORIO, JJ.
|
2005-05153 The People, etc., plaintiff, v Darren Patterson, defendant. (Ind. No. 1353/93)
| 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 13, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ANITA R. FLORIO
Associate Justice
Appellate Division : Second Judicial Department
M27383
F/
FRED T. SANTUCCI, J.
|
2005-05236 The People, etc., plaintiff, v Charles Woods, defendant. (Ind. No. 2852/81)
| 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 April 11, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
FRED T. SANTUCCI
Associate Justice