Appellate Division: Second Judicial Department
M15044
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NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
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2003-04874 Arnold Angerman, appellant, v City of White Plains, respondent. (Index No. 4481/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered May 15, 2003, which was determined by decision and order of this court dated April 19, 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.
SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15046
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DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
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2003-00777 John Webb Barham, respondent, v Suffolk County Community College, et al., appellants. (Index No. 11360/98)
| 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 March 8, 2004, which determined an appeal from an order of the Supreme Court, Suffolk County, dated December 18, 2002.
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.
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15045
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DAVID S. RITTER, J.P.
HOWARD MILLER
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
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2003-06240 Ever S. Benitez, a/k/a Ebert S. Benitez, etc., respondent, v Diane Olson, et al., defendants, Town of Islip, appellant (and a third-party action). (Index No. 30368/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent, in effect, for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated June 6, 2003, which was determined by decision and order of this court dated April 19, 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., H. MILLER, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15066
CF/
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2004-06566 Anna Bernhardt, et al., respondents, v Jenna M. Fredericks, et al., defendants, Brendan C. Halligan, appellant. (Index No. 4239/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated June 18, 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
M15059
CF/
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2003-08350 CFS Bank, f/k/a Columbia Federal Savings Bank, respondent, v Jerry Smith, appellant. (Index No. 10829/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 7, 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
M14884
M/nal
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2004-06816 Karen Elizabeth Chamberlain, appellant, v Mark Henry Chamberlain, respondent. (Index No. 28483/99)
| SCHEDULING ORDER |
Appeal by Karen Elizabeth Chamberlain from a judgment of the Supreme Court, Suffolk County, dated June 29, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 Supreme Court action 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) 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
M15024
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2004-02058
Audrey Demas, respondent, v Charles Demas, appellant. (Index No. 24351/93)
| 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 9, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15012
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DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2004-03879
Fremont Investment and Loan, respondent, v Earl Kinlaw, et al., defendants; Omni Ventures, Inc., nonparty-appellant. (Index No. 13336/01)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to stay enforcement of an order of the Supreme Court, Suffolk County, entered April 21, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and enforcement of the order entered April 21, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 17, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 17, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15034
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2004-00292
Pasquale Giannoccoli, et al., respondents, v One Central Park West Associates, et al., defendants third-party plaintiffs-respondents, Trump International Hotel & Tower, defendant- respondent; Cleveland Wrecking Company, et al., third-party defendants-appellants. (Index No. 32519/96)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 17, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 6, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15065
CF/
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2003-04137 God's Battalion of Prayer Church, Inc., appellant, v Axa Global Risks U.S. Insurance Company, etc., respondent. (Index No. 30329/99)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated March 17, 2003.
Upon the stipulation of the parties, dated July 22, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15029
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2003-10685
Angelo Haligiannis, appellant, v Bristol-Halsey, Inc., et al., respondents. (Index No. 20104/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered October 9, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 20, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15032
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2003-03627, 2003-05600, 2003-08184, 2003-10801
Karen Hathaway, respondent, v Brion J. Hathaway, appellant. (Index No. 11374/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from four orders of the Supreme Court, Queens County, dated February 27, 2003, May 20, 2003, July 14, 2003, and November 20, 2003, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 10, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15017
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DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
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2004-06044 Stacia Maderakis, respondent, v Josephine Capobianco, et al., appellants. (Index No. 15570/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered June 16, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15047
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A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
SONDRA MILLER
ROBERT W. SCHMIDT, JJ.
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2003-03395 Olivia Martinez, et al., appellants, v New York City Health & Hospitals Corporation, respondent. (Index No. 18833/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated March 21, 2003, which was determined by decision and order of this court dated May 17, 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.
PRUDENTI, P.J., SANTUCCI, S. MILLER and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15055
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
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2003-07080 Alvaro Mejia, respondent, v 42-69 Main Street Inc., d/b/a Rajbhog Sweets, appellant (and a third-party action). (Index No. 13714/01)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 7, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15031
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2003-11244
Marina Mendez, appellant, et al., plaintiff, v Charles DeMilo, et al., respondents. (Index No. 9625/01)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated November 17, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 27, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15060
CF/
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2004-01791 Narcisa Merizalde, et al., respondents, v New York City Health and Hospitals Corporation, et al., appellants. (Index No. 11190/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 6, 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
M15037
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2003-09812
Joseph A. Moscato, plaintiff-respondent, v Deidre A. Williams, defendant third-party plaintiff-respondent, et al., defendant; Peter Schwarz, et al., third-party defendants-appellants. (Index No. 14474/97)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an interlocutory judgment of the Supreme Court, Suffolk County, dated November 22, 2002.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 13, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14926
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ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
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2003-10897 Steven A. Murillo, et al., respondents, v Michael T. Podgurski, appellant (and other actions). (Index Nos. 30895/96, 407/00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated July 2, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated October 10, 2003.
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 an enlargement of time is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until September 3, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15068
CF/
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2003-10680 Mark S. Ricciardi, respondent, v Robert J. Aliano, et al., appellants. (Index No. 11230/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 17, 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
M15010
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DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
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2004-05729 Robert M. Richter, respondent, v Davidson & Cohen, P.C., et al., appellants.
(Index No. 10115/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated May 26, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15027
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2003-11136
Frank Risucci, plaintiff, v Par-Sev Equities, Inc., defendant third-party plaintiff-respondent, et al., defendant; Herring Sanitation Service, Inc., third-party defendant-appellant. (Index No. 1620/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Dutchess County, dated November 13, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 13, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15033
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2004-03077
Chad Saccomagno, appellant, v City of New York, defendant, New York City Transit Authority, appellant. (Index No. 12635/93)
| 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 February 25, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 6, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15038
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2004-00704
Doris L. Sassower, P. C., appellant, v Beverly Girardi, appellant. (Index No. 16335/90)
| 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, Westchester County, dated December 10, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 18, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14783
M/nal
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2004-06453 Richard Shen, respondent, v Melissa Mei-Lin Sun Shen, appellant. (Index No. 31226/01)
| SCHEDULING ORDER |
Appeal by Melissa Mei-Lin Sun Shen from an order of the Supreme Court, Queens County, dated July 8, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 Supreme Court action 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) 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
M15067
CF/
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2004-01398
Elayne Singer, respondent, v Metropolitan Suburban Bus Authority, et al., appellants (and a third-party action). (Index No. 17156/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated November 7, 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
M15022
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2004-01601
Denise A. Terio, appellant, v Lance Roger Spodek, et al., respondents. (Index No. 386/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Putnam County, dated January 26, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 27, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15035
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2004-00103
Town of Pelham, et al., appellants-respondents, v City of New Rochelle, respondent-appellant. (Index No. 6303/01)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated December 3, 2003.
ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until October 22, 2004, and the joint record or joint appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14941
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MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
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2003-08166
Gina Young, et al., respondents, v Johnson Tseng, et al., appellants (and a third-party action). (Index No. 12894/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from a judgment of the Supreme Court, Queens County, entered June 4, 2003, in effect, to strike the appellants' appendix and brief, on the ground that they contain or refer to matter dehors the record, or raise issues not properly before this court, or, in the alternative, to enlarge their time to serve and file a brief on the appeal, and for costs and the imposition of a sanction.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that those branches of the motion which are to strike the appellant's appendix and brief are granted to the extent that on or before September 10, 2004, (A) the appellants shall remove from the copies of the appendix on file with this court pages A601 through A615 and pages A625 through A1283, and (B) the appellants shall delete or remove from the copies of their brief on file with this court
(1) the second sentence of the first full paragraph of page 9, beginning with the words "The Appellants," and ending with "[A1071], and ",
(2) the last sentence of the first paragraph of page 10,
(3) from page 10, beginning with the second sentence of the second full paragraph, through "[A1174-1175]" on page 11,
(5) the third sentence of the first full paragraph of page 31,
(6) the third and fourth sentences of the last paragraph of page 32,
(7) the first full paragraph of page 33, and
and those branches of the motion are otherwise held in abeyance and are referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, and the respondents' brief must be served and filed on or before October 13, 2004; and it is further,
ORDERED that the motion is otherwise denied.
ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14846
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2004-06746 In the Matter of Adele Andrews, respondent, v John Andrews, appellant. (Docket No. F-5439-02)
| SCHEDULING ORDER |
Appeal by John Andrews from an order of the Family Court, Kings County, dated July 6, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14268
F/
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-03331
In the Matter of Kiara B. (Anonymous). Suffolk County Department of Social Services, respondent; Andrea M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Justin W. (Anonymous). Suffolk County Department of Social Services, respondent; Andrea M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Michael B. (Anonymous). Suffolk County Department of Social Services, respondent; Andrea M. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-12816-03, B-12817-03, B-12818-03, B-12824-03, B-12826-03, N-188-02, N-189-02, N-190-02)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Suffolk County, dated April 1, 2004, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to relieve the counsel assigned is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that the branches of the motion which are for the assignment of new counsel to represent the appellant on the appeal and for leave to prosecute the appeal as a poor person is denied with leave to renew on or before September 20, 2004, upon submission of proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income.
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15051
L/
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2002-05917
In the Matter of Elsie Chalem, respondent, v Kim Scarola, appellant. (Matter No. 1) Kimberly Scarola, appellant, v Elsie Chalem, respondent. (Matter No. 2) (Index No. 9994/02)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 6, 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 deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the stay contained in the decision and order on motion of this court dated August 2, 2002, is vacated forthwith.
SANTUCCI, J.P., KRAUSMAN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14955
M/nal
|
2004-06859, 2004-06861, 2004-06862 2004-06863, 2004-06864, 2004-06865 In the Matter of Marc David D. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Samuel D. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Shaminique Iris P. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Elijah Pierre D. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Ashley D. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Tanisha Lovinia D. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. B-10122-01, B-10123-01, B-10124-01 B-10125-01, B-10127-01, B-10128-01)
| SCHEDULING ORDER |
Appeals by Ginette P. from six orders of the Family Court, Kings County, all dated June 25, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled 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 of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M14838
M/nal
|
2004-06747 In the Matter of Anesia E. (Anonymous). Administration for Children's Services, respondent; Antoinette W. (Anonymous), appellant. (Docket No. N-3877-02)
| SCHEDULING ORDER |
Appeal by Antoinette W. from an order of the Family Court, Kings County, dated July 9, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M15061
F/
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2004-05422 In the Matter of Maria Gilleo, respondent, v Priscilla Lienhard, appellant. (Docket No. V-1703-03)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to defend an appeal from an order of the Family Court, Dutchess County, dated June 18, 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defend the appeal:
Arza R. Feldman, Esq.
626 EAB Plaza
West Tower - 6th Floor
Uniondale, New York 11556
(516) 522-2828
and it is further,
ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15036
S/nal
|
2004-00036
In the Matter of Howard R. Glass, deceased. Kathleen Glass, appellant; Tasha Irwin, etc., respondent. (File No. 612/02)
| 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 Surrogate's Court, Orange County, dated December 4, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 22, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14736
M/nal
|
2004-06630 In the Matter of Robert Henderson, appellant, v Lori Somes Henderson, respondent. (Docket No. V-14409-03)
| SCHEDULING ORDER |
Appeal by Robert Henderson from an order of the Family Court, Nassau County, dated June 23, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes 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
M15026
E/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2003-02180, 2003-02799, 2003-07972 In the Matter of Jehuda Ish-Shalom, appellant, v Veronica Wittmann, respondent.
(Docket Nos. V-695/97, V-696/97)
| DECISION & ORDER ON MOTION |
Appeals by Jehuda Ish-Shalom from two orders of the Family Court, Westchester County, both entered February 6, 2003, and an order of the same court entered July 25, 2003. By order to show cause dated July 12, 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 decision and order on motion dated May 21, 2004, enlarging until July 1, 2004, the time to perfect the appeals. Separate motion by the appellant to enlarge the time to perfect the appeals.
Now, on the court's own motion and upon the papers filed in support of the motion, and the papers filed in opposition or relation thereto, it is
ORDERED that the motion to dismiss the appeals is denied; and it is further,
ORDERED that the motion to enlarge the time to perfect the appeals is granted; and it is further,
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeals is enlarged until September 24, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14742
M/nal
|
2004-06626 In the Matter of Damon Licari, respondent, v Cheryl Mulderig, appellant. (Docket No. V-11186-03)
| SCHEDULING ORDER |
Appeal by Cheryl Mulderig from an order of the Family Court, Suffolk County, dated May 21, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M15043
S/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2004-06893, 2004-06894 In the Matter of Matthew M. (Anonymous). Administration for Children's Services, petitioner-respondent; Theresa M. (Anonymous), appellant, Andrew M. (Anonymous), respondent- respondent. (Proceeding No. 1) (Docket No. N 16712/01) In the Matter of Juliane M. (Anonymous). Administration for Children's Services, petitioner-respondent; Theresa M. (Anonymous), appellant, Andrew M. (Anonymous), respondent- respondent. (Proceeding No. 2) (Docket No. N 16713/01)
| DECISION & ORDER ON MOTION |
Appeal by Theresa M. from two transcripts of the Family Court, Queens County, dated July 8, 2004, and August 5, 2004, respectively.
Now, on the court's own motion, it is
ORDERED that the appeals are dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717).
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14741
M/nal
|
2004-06631 In the Matter of Corinne Nogueras, respondent, v Charles Nogueras, appellant. (Docket No. F-3302-04)
| SCHEDULING ORDER |
Appeal by Charles Nogueras from an order of the Family Court, Suffolk County, dated June 29, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M15083
E/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2004-01997
In the Matter of Kathleen O'Shea, appellant, v Edward F. Parker, III, respondent. (Docket No. V-09075/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Family Court, Queens County, dated February 6, 2004, inter alia, to dismiss the appeal on the ground that the appellant did not settle the transcript of the minutes of the proceedings.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that on or before October 19, 2004, the appellant shall obtain and settle the transcript of the minutes of the proceedings; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15025
CF/
|
2003-11334 In the Matter of Marjorie R. (Anonymous). Jean W. (Anonymous), petitioner-respondent; Mental Hygiene Legal Services, respondent- appellant, Dutchess County Department of Social Services, respondent-respondent. (Index No. 4736/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated November 17, 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
M15064
CF/
|
2004-06260 In the Matter of Scarsdale Commons, LLC, appellant, v Town of Eastchester, et al., respondents. (Index No. 2771/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated July 9, 2004.
Upon the stipulation of the parties, dated August 11, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14991
M/nal
|
2003-07232
In the Matter of George Wendell, appellant, v Jenny Wendell, respondent. (Docket No. V-5900-02)
| SCHEDULING ORDER |
Appeal by George Wendell from an order of the Family Court, Orange County, dated July 16, 2003. The transcripts were received on or about April 4, 2003. By decision and order on motion of this court dated August 13, 2004, the appellant's former counsel was relieved, and the following named attorney was assigned to prosecute the appeal:
Philip C. Schnabel, Esq.
33 Schnabel Lane
Chester, New York 10918
(845) 469-2023
Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by serving and filing the appellant's brief on the appeal is enlarged until September 30, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M15030
S/nal
|
2004-01434
In the Matter of Eleni Zahoudanis, deceased. John Michael Spanakos, petitioner; Mary Mary Zahoudanis, respondent-appellant; Kenneth Allen Habel, nonparty-appellant-respondent.
(File No. 6908/86)
| 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 from a decree of the Surrogate's 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 24, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14879
F/
STEPHEN G. CRANE, J.
|
2004-04698 The People, etc., plaintiff, v Koran Brooks, defendant. (Ind. No. 252/96)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated April 16, 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.
STEPHEN G. CRANE
Associate Justice
Appellate Division: Second Judicial Department
M15052
F/
GABRIEL M. KRAUSMAN, J.
|
2003-08497 The People, etc., plaintiff, v Jose Feliciano, defendant. (Ind. No. 00-00270)
| 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, Westchester County, dated August 25, 2003, 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.
GABRIEL M. KRAUSMAN
Associate Justice
Appellate Division: Second Judicial Department
M15063
F/
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2000-11591 The People, etc., respondent, v Charles Manson, appellant. (Ind. No. 00-00292)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered December 12, 2000.
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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
RITTER, J.P., H. MILLER, S. MILLER, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15053
F/
GABRIEL M. KRAUSMAN, J.
|
2003-10548 The People, etc., plaintiff, v Kirt Nicholas, defendant. (Ind. No. 6560/97)
| 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 October 3, 2003, 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.
GABRIEL M. KRAUSMAN
Associate Justice
Appellate Division: Second Judicial Department
M15056
F/
GABRIEL M. KRAUSMAN, J.
|
2003-11278 The People, etc., plaintiff, v Kevin Pinto, defendant. (Ind. No. 2679/99)
| 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 September 18, 2003, 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.
GABRIEL M. KRAUSMAN
Associate Justice
Appellate Division: Second Judicial Department
M15042
S/sl
|
1995-01449
The People, etc., respondent, v Edward L. Summers, appellant. (Ind. No. 94-00010)
| 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 County Court, Rockland County, rendered January 31, 1995.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 18, 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
M15054
F/
GABRIEL M. KRAUSMAN, J.
|
2003-11014 The People, etc., plaintiff, v Jeffrey Thigpen, defendant. (Ind. No. 2392/95)
| 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 October 30, 2003, 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.
GABRIEL M. KRAUSMAN
Associate Justice