Appellate Division: Second Judicial Department
M14939
R/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-05105 Patricia L. Bonamo, respondent, v John J. Bonamo, appellant.
(Index No. 03011/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Westchester County, entered May 14, 2004, as directed him to pay the sum of $15,000 per month to the respondent as pendente lite maintenance, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of so much of the order as directed the appellant to pay the respondent the sum of $15,000 per month is stayed effective September 1, 2004, pending hearing and determination of the appeal on condition that during the pendency of the appeal, the appellant (1) pays the respondent $10,000 per month in maintenance beginning with September 2004, and (2) continues to pay the respondent's health and car insurance premiums, and her car lease payments; and it is further,
ORDERED that in the event the appellant does not comply with the above conditions, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14930
C/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-06905 Hanie Eng, et al., appellants, v Michael Sichenzia, et al., defendants, Frank E. DeEsso, respondent. (Index No. 818/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, for leave to reargue an appeal from a judgment of the Supreme Court, Putnam County, entered July 30, 2003, which was determined by decision and order of this court dated May 24, 2004, 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.
RITTER, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14963
S/sl
|
2004-01119
Lillian Ganci, etc., et al., appellants, v Cape Canaveral Tour & Travel, Inc., et al., respondents.
(Index No. 18462/03)
| ORDER ON APPLICATION |
Application by the appellants 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 January 9, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 23, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14956
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2004-00470
Elsworth George, respondent,v v Christopher Chang, et al., appellants. (Index No. 12534/02)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 15, 2003.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14960
S/sl
|
2004-02929
Hann Financial Service Corporation, et al., appellants, v Republic Auto Credit Group, LLC, et al., respondents. (Index No. 2202/03)
| ORDER ON APPLICATION |
Application by the respondents Republic Auto Credit Group, LLC, and Republic Credit Group, LLC, 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 23, 2004.
ORDERED that the application is granted and the movants' brief which has been submitted to the Clerk of this court is accepted for filing; and it is further,
ORDERED that the appellants' reply brief, if any, shall be served and filed on or before August 30, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14950
CF/
|
2002-06353 Avi Hanouka, respondent, v Ray P. Moran, appellant. (Index No. 12903/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 31, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in 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
M14932
C/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2003-08631 Alden Jones, et al., respondents, v Ezzard Scott, defendant, Patrick Cleary, et al., appellants. (Index No. 596/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Orange County, dated August 11, 2003, to enlarge the record on appeal to include the deposition testimony of a nonparty witness.
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
M14957
PL/sl
|
2004-05487 Pessie Krakinowski, appellant, v New York City Transit Authority, respondent. (Index No. 2084/99)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated May 25, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 10, 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
M14953
CF/
|
2004-01957 Enny Lu, et al., respondents, v Kashmiri Mittal, et al., appellants. (Index No. 3744/03)
| 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 January 9, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in 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
M14943
O/cf
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-00239
Michael Lysohir, respondent, v County of Suffolk, et al., appellants. (Index No. 9830/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated December 16, 2003, to strike stated portions of the respondent's brief and the addendum to the brief on the ground that they contain and refer to matter dehors the record.
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 the addendum to the brief is denied as unnecessary as the brief filed with the court did not contain an addendum; and it is further,
ORDERED that the branch of the motion which is to strike the first full paragraph on page 8 of the brief is granted and that portion of the brief is deemed stricken and will not be considered in the hearing and determination of the appeal; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14966
S/sl
|
2004-00743
Louis Mari, respondent-appellant, v Mary Mari, appellant-respondent. (Index No. 1560/02)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, dated December 12, 2003.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until August 20, 2004, and the joint record 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 its answering brief, including its points of argument on the cross appeal, on or before September 27, 2004 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14935
R/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-06354 Louis Pate, appellant, v John Pate, et al., respondents.
(Index No. 13352/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to enjoin the respondents from selling, mortgaging, transferring, or otherwise encumbering the subject property pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated June 30, 2004, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14942
J/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
STEVEN W. FISHER, JJ.
|
2002-00930
John Patino, et al., respondents, v Lockformer Company, Inc., et al., appellants (and a third-party action). (Index No. 1293/98)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated July 27, 2004, in the above-entitled matter is amended by deleting from the preamble thereof the word "appellants", and substituting therefor the word "respondents".
ALTMAN, J.P., KRAUSMAN, COZIER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14967
Y/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2003-09947 Steven Perry, respondent, v Mary Derwin Perry, appellant. (Index No. 5896/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated October 8, 2003.
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 appellant's time to perfect the appeal is enlarged until September 1, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14961
S/sl
|
2004-00062
Rudgayzer & Gratt, appellant, v Cape Canaveral Tour & Travel, Inc., et al., respondents. (Index No. 11482/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated December 4, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 23, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14949
CF/
|
2003-08305 Pablo Serrano, respondent, v Avet Coach Corp., et al., appellants. (Index No. 18240/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 12, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in 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
M14965
S/sl
|
2003-10822
In the Matter of Broadway Enterprises, Inc., appellant, v Amy Toy Lum, et al., respondents.
(Index No. 13865/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, entered October 20, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 19, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14915
F/
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-06253 In the Matter of Rico D. (Anonymous). Commissioner of Social Services, respondent; Debra C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Saka P.-L. (Anonymous). Commissioner of Social Services, respondent; Debra C. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Diro F. (Anonymous). Commissioner of Social Services, respondent; Debra C. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Jovan P.-L. (Anonymous). Commissioner of Social Services, respondent; Debra C. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. NA-35101-03, NA-35102-03, NA-35103, NA-35104-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated July 12, 2004, as a poor person, and for the assignment of counsel.
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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Cynthia A. Lee, Esq.
418 St. Marks Place
Staten Island, New York 10301
(718) 720-3366
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
PRUDENTI, P.J., SCHMIDT, COZIER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14886
F/
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-05374, 2004-05575
In the Matter of Tyreek F. (Anonymous), a/k/a Joseph F. (Anonymous). Miracle Makers, Inc., petitioner-respondent; Audrey F. (Anonymous), appellant; et al., respondent. (Proceeding No. 1) In the Matter of Maryetta F. (Anonymous). Miracle Makers, Inc., petitioner-respondent; Audrey F. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. B-720-00, B-17617-00)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Kings County, dated February 12, 2004, and April 10, 2004, respectively, as a poor person, and for the assignment of counsel.
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 appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:
Matthew M. Lupoli, Esq.
167-16 Northern Blvd.
P.O. Box 580283
Flushing, New York 11358
(718) 539-0622
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
PRUDENTI, P.J., SCHMIDT, COZIER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14881
F/
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT F. LIFSON, JJ.
|
2004-04526 In the Matter of Robert L. Farina, respondent, v Jenny McKevitt, appellant.
(Docket No. V-2147-01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated May 13, 2004, as a poor person, and for the assignment of counsel.
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 it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
David Laniado, Esq.
188 Montague Street - Suite 303
Brooklyn, New York 11201
(718) 246-9444
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
PRUDENTI, P.J., SCHMIDT, COZIER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14968
Y/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2003-11454 In the Matter of Field Home-Holy Comforter, respondent, v Antonia Novello, etc., et al., appellants. (Index No. 10232/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an judgement of the Supreme Court, Westchester County, entered November 18, 2003.
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 it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until September 8, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14952
CF/
|
2003-10677 In the Matter of Greenwich Arms Company, appellant, v Division of Housing & Community Renewal, respondent. (Index No. 13864/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated April 18, 2003.
Upon the stipulation of the parties, dated August 3, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14948
Y/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2004-00686 In the Matter of Moira Guglielmone, appellant, v Timothy Leonard, respondent. (Docket No. O-12794-02)
| DECISION & ORDER ON MOTION |
Appeal by Moira Guglielmone from an order of the Family Court, Nassau County, dated December 16, 2003. By order to show cause dated July 14, 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 February 26, 2004, issued pursuant to 22 NYCRR 670.4(a)(5). Application by Moira Guglielmone to withdraw the appeal.
Now, on the court's own motion, the application, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, and the appeal is marked withdrawn.
SANTUCCI, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14964
PL/sl
|
2004-05702 Matter of Joy Builders, Inc., appellant, v Wayne Ballard, etc., respondent. (Index No. 3214/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Rockland County, dated June 16, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 19, 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
M14666
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
THOMAS A. ADAMS, JJ.
|
2003-03013
In the Matter of Jonathan S. Kaufman, admitted as Jonathan Seth Kaufman, a suspended attorney. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Jonathan S. Kaufman, respondent.
| DECISION & ORDER ON MOTION |
Motion by the respondent's counsel, Godosky & Gentile, P.C., for an order permitting the firm to withdraw as counsel for the respondent in the above-entitled disciplinary proceeding. By decision and order of this court dated April 27, 2004, the respondent was suspended from the practice of law pursuant to 22 NYCRR 691.4(l)(1)(i) upon a finding that he is guilty of professional misconduct immediately threatening the public interest based upon his failure to cooperate with the Grievance Committee. In the course of that order, the Grievance Committee was authorized to serve a supplemental petition of charges upon the respondent and the issues raised were referred to John P. Clarke, as Special Referee to hear and report, replacing the late Honorable Irving S. Aronin. By decision and order on motion of this court dated May 30, 2003, a prior motion by the Grievance Committee to suspend the respondent pursuant to 22 NYCRR 691.4(l)(1)(i) was denied, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent, and the issues raised were referred to the Honorable Irving S. Aronin, as Special Referee to hear and report. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 10, 1996, under the name Jonathan Seth Kaufman.
Upon the papers submitted in support of the motion and no papers having been submitted in opposition thereto, it is
ORDERED that the motion is granted and the law firm of Godosky & Gentile, P.C., is permitted to withdraw as attorney of record for the respondent; and it is further,
ORDERED that on or before September 1, 2004, Godosky & Gentile, P.C., is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that the respondent has until October 1, 2004, to obtain new counsel, and the disciplinary proceeding is held in abeyance in the interim.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14940
Y/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2004-01299 In the Matter of Victor Nelson, appellant, v Dionne Seale, respondent.
(Docket No. P-1132-01)
| DECISION & ORDER ON MOTION |
Appeal by Victor Nelson from an order of the Family Court, Kings County, dated November 26, 2003. By order to show cause dated July 7, 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 25, 2004, issued pursuant to 22 NYCRR 670.4(a) by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court.
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 25, 2004 (see 22 NYCRR 670.4[5]).
SANTUCCI, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14919
F/
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-04640 In the Matter of Francisco R. (Anonymous). Miracle Makers, Inc., et al., respondents; Melissa Louisa G. (Anonymous), appellant.
(Docket No. B-1440-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated April 22, 2004, as a poor person, and for the assignment of counsel.
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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Francine Shraga, Esq.
869 East 12th Street
Brooklyn, New York 11230
(718) 377-4894
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
PRUDENTI, P.J., SCHMIDT, COZIER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14938
R/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-06673 In the Matter of Luis Rivera, petitioner, v Juan Ruiz, et al., respondents.
(Docket Nos. V-862-01, V-863-01, V-862-01/03H, V-863-01/03H)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to appeal to this court from an order of the Family Court, Westchester County, dated July 30, 2004, and to stay enforcement of stated portions of the order pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14945
F/
GLORIA GOLDSTEIN, J.
|
2004-04088 The People, etc., plaintiff, v Stephen Brathwaite, defendant. (Ind. No. 5068/91)
| 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 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.
GLORIA GOLDSTEIN
Associate Justice
Appellate Division: Second Judicial Department
M14936
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2000-04687, 2000-07141 The People, etc., respondent, v Angelo Espinal, appellant.
(Ind. No. 3451/98)
|
Motion by the respondent to enlarge the time to serve and file a brief on appeals from a judgment and an amended judgment of the Supreme Court, Queens County, both rendered April 27, 2000.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until August 31, 2004, and the respondent's brief must be served and filed on or before that date.
ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14937
A/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2001-09990
The People, etc., respondent, v James Simms, Jr., appellant.
(Ind. No. 01-00173)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered October 31, 2001.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before September 21, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
SANTUCCI, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14824
F/
A. GAIL PRUDENTI, P.J.
|
2004-04954 The People, etc., plaintiff, v Warren Wilder, defendant. (Ind. No. 2228/99)
| 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, Queens County, dated April 30, 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.
A. GAIL PRUDENTI
Presiding Justice