Appellate Division: Second Judicial Department
M15077
A/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-09417 Joanne S. Baker, f/k/a Joanne S. Berenberg, appellant, v Monarch Life Insurance Company, respondent. (Index No. 15133/99)
| DECISION & ORDER ON MOTION |
Motion by counsel for the respondent to admit pro hac vice Edwin A. Oster, an attorney in good standing in the State of California, to represent the respondent on an appeal from an order of the Supreme Court, Westchester County, entered September 18, 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 Edwin A. Oster is admitted pro hac vice to represent the respondent.
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15140
O/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2004-06691 Bank of New York, etc., respondent, v Winston Robotham, et al., defendants; Eda Thames, intervenor-appellant. (Docket No. 34586/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15007
M/nal
|
2004-06271 Elizabeth Barbanes, appellant, v Thomas W. Smith, respondent. (Index No. 7782/94)
| SCHEDULING ORDER |
Appeal by Elizabeth Barbanes from an order of the Supreme Court, Westchester County, entered June 2, 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
M15148
CF/
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2004-02820 Christina Beano, et al., respondents, v Robert C. Post, et al., appellants. (Index No. 5694/01)
| 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 March 12, 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
M15087
E/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-07595
Luis Carmo, respondent, v Verizon, appellant. (Index No. 15920/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated June 2, 2003, to recalendar the appeal to allow additional oral argument.
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.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15021
Y/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2004-04335 Allan Chand, a/k/a John Crawford, respondent- appellant, v Steuben Hill Management Corp., et al., defendants, Firstar Bank, N.A., appellant- respondent. (Index No. 31643/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay enforcement of an order of the Supreme Court, Kings County, dated April 26, 2004, to stay all proceedings in the above-entitled action, and to stay the cancellation of the notice of pendency in the above-entitled action and the notice of pendency in a related action entitled Firstar Bank, N.A. v Advance Local Dev. Corp., pending in the Supreme Court, Kings County, under Index No. 31368/00, pending hearing and determination of an appeal and cross appeal from the order.
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 the order dated April 26, 2004, all proceedings in the above-entitled action, and the cancellation of the notice of pendency in the above-entitled action and the notice of pendency docketed in the action entitled Firstar Bank, N.A. v Advance Local Dev. Corp., pending in the Supreme Court, Kings County, under Index No. 31368/00, are stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before September 21, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 21, 2004, the court, on its own motion, may vacate the stay, or the respondent-appellant 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
M15117
O/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2004-00246, 2004-04576
Jackie Lynn Christopherson, etc., respondent, v Queens-Long Island Medical Group, P.C., et al., defendants, Syosset Community Hospital, appellant. (Index No. 1066/93)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Suffolk County, dated November 24, 2003, and April 22, 2004, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeals.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15139
O/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2004-06713 John Crane, et al., plaintiffs, v JAB Realty, LLC, et al., defendants third-party and second third-party plaintiffs-appellants; Long Island Power Authority, third-party defendant-respondent; Keyspan Corporate Services, LLC, et al., second third-party defendants- respondents.
(Index No. 11570/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action, including the trial on the issue of damages only, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated July 15, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is 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
M15097
E/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-11016 Degree Security Systems, Inc., appellant, v F.A.B. Land Corp., respondent. (Index No. 29739/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 5, 2003, on the ground that it has been rendered academic, or alternatively, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and is referred to the panel of 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 time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until September 20, 2004, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15096
CF/
|
2004-05339 Patricia Delsoldato, et al., respondents, v Purchase Corporate Park Associates, L.P., et al., appellants, et al., defendants. (Index No. 18266/01)
| 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 May 14, 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
M15145
Y/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT W. SCHMIDT, JJ.
|
2003-06041 Albert Goetz-Haddad, appellant, v Steven Worthman, respondent. (Index No. 21284/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeal from an order of the Supreme Court, Suffolk County, dated May 28, 2003, to renew a prior motion to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal, which was decided by decision and order on motion of this court dated April 6, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion to renew is granted; and it is further,
ORDERED that upon renewal, the motion to waive the certification requirements of 22 NYCRR 670.10(g) is granted.
PRUDENTI, P.J., H. MILLER, ADAMS and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14843
M/nal
|
2004-06757 John Gonzalez, appellant, v Phyllis Gonzalez, n/k/a Quinories, respondent. (Index No. 27091-00)
| SCHEDULING ORDER |
Appeal by John Gonzalez from an order of the Supreme Court, Suffolk County, dated June 30, 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
M15136
CF/
|
2004-05132 Nigel Howard, respondent, v Sears, Roebuck and Company, appellant. (Index No. 5065/03)
| 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 March 11, 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
M15122
CF/
|
2003-10654 David Levitan, respondent, v Levitan-Robbins, Inc., appellant. (Index No. 4537/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 29, 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
M15078
PL/sl
|
2003-10447
M.S. Hi-Tech, Inc., respondent, v Donald J. Thompson, Jr., appellant. (Index No. 8428/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated October 20, 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
M15088
PL/sl
|
2003-10930 Bruce Militrano, etc., et al., appellants, v Lederle Laboratories, etc., et al., respondents, St. Mary's Hospital and Catholic Medical Center, defendant. (Index No. 18612/01)
| 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 appeal from an order of the Supreme Court, Kings County, dated November 3, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 8, 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
M15116
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-09663, 2003-09666
Javier Morales, et al., plaintiffs, v Federated Department Stores, Inc., et al., defendants, Summit Waterproofing & Restoration Corp., defendant third-party plaintiff-appellant; APA Restoration, Inc., third-party defendant-respondent. (Index No. 32050/99)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from two orders of the Supreme Court, Kings County, dated July 13, 2003, and August 19, 2003, respectively.
Upon the stipulation of the attorneys for the respective parties, dated June 17, 2004, it is
ORDERED that the application is granted and the appeals are 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
M15104
CF/
|
2004-04611 New York & Presbyterian Hospital, a/a/o Humberto Luna, et al., appellants, v Allstate Insurance Company, respondent. (Index No. 14679/03)
| 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 May 3, 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
M15099
CF/
|
2004-04219 122nd Avenue Realty, LLC, respondent, v Dawn P. Meola, appellant (and a third-party action). (Index No. 15199/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 26, 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
M15092
PL/sl
|
2004-01817
Juan C. Quintero, respondent, v Franklin Crane, et al., defendants, Michael Teodoru, et al., appellants. (Index No. 2161/01)
| 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, Queens County, dated November 19, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 18, 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
M15142
Y/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2003-10772 Ralph Roseff, appellant, v Northern Westchester Hospital Center, et al., defendants, Elie Abemayor, respondent. (Index No. 16855/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for permission to omit the trial exhibits from the record on appeal on an appeal from a judgment of the Supreme Court, Westchester County, entered October 28, 2003. Cross motion by the respondent to dismiss the appeal for failure to timely perfect.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion and cross motion are denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until October 4, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent is directed turn over any and all trial exhibits in his possession to the appellant.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15102
CF/
|
2004-03144 Bessie Sahm, appellant, v Alex Friedman, respondent. (Index No. 18012/98)
| 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 January 6, 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
M15040
A/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2003-10525
Shulim Sakhnovskiy, et al., respondents, v 409 Taxi Corp., et al., appellants.
(Index No. 14473/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings, including the trial, in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 20, 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 all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15115
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, J.P.
|
2004-01137 Yuval Shoob, respondent, v Joseph Ancion, et al., appellants. (Index No. 50438/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 18, 2003.
Upon the stipulation of the attorneys for the respective parties, dated August 13, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENIT, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15095
CF/
|
2004-04195 Christina Surace, respondent, v State of New York, appellant. (Claim No. 101613)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Court of Claims, dated April 5, 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
M15146
Y/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2004-04765 Village of Mamaroneck, respondent, v State of New York, et al., appellants. (Index No. 5545/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, entered April 20, 2004, inter alia, to vacate any automatic stay in effect pursuant to CPLR 5519(a), 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.
FLORIO, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15134
CF/
|
2004-04603 Jose Villanueva, plaintiff-respondent, v Marxio Franco Latin Construction, et al., defendants-respondents, Five Star Remodelers Inc., d/b/a Blake Siding & Roofing, defendant- appellant. (Index No. 13493/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 23, 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
M15107
CF/
|
2004-02861 Rozalia Wolf, respondent, v Wikman Realty Corporation, et al., appellants. (Index No. 15866/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated January 16, 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
M15120
Y/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-03128, 2004-03130 In the Matter of Susan B. (Anonymous). Nassau County Department of Social Services, respondent; Janina B. (Anonymous), appellant. (Docket No. B-90049/01)
| DECISION & ORDER ON MOTION |
Appeal by Janina B. from an order of the Family Court, Nassau County, dated March 10, 2004. By order to show cause dated July 13, 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 June 4, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in opposition or relation 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 June 4, 2004 (see 22 NYCRR 670.4[a][5]).
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15081
PL/sl
|
2004-01766
In the Matter of Ballesteros, deceased. Michael A. Ballesteros, respondent; Mary Carmen Ballesteros, appellant; Cheryl Nielsen, et al., intervenors-respondents.
(File No. 483/01)
| 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 Surrogate's Court, Kings County, dated June 13, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 7, 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
M15149
CF/
|
2004-01886 In the Matter of Board of Education of Hyde Park Central School District, petitioner-respondent, v Paul F. Kelly, respondent, F.G. (Anonymous), et al., appellants. (Index No. 3645/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated January 22, 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
M14958
M/nal
|
2004-06835 In the Matter of Susanne R. Calvello, appellant, v Angelo A. Calvello, respondent. (Docket No. F-0110-01)
| SCHEDULING ORDER |
Appeal by Susanne R. Calvello from an order of the Family Court, Westchester 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 of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M15098
M/nal
|
2004-02538
In the Matter of Michele Chin-On, respondent, v George Gittens, appellant. (Docket No. P-00915-97)
| ORDER TO SHOW CAUSE |
Appeal by George Gittens from an order of the Family Court, Kings County, dated February 19, 2004. By scheduling order dated July 1, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 the scheduling order dated July 1, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 7, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15085
M/nal
|
2004-04529 In the Matter of Peter Cotter, respondent, v Dawn Marie Brown, appellant. (Docket No. P-3153-03)
| SCHEDULING ORDER |
Appeal by Dawn Marie Brown from an order of the Family Court, Suffolk County, dated April 26, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 13, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M15080
M/nal
|
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)
| SCHEDULING ORDER |
Appeal by Debra C. from an order of the Family Court, Kings County, dated July 12, 2004. By decision and order on motion of this court dated August 17, 2004, the following attorney was assigned as counsel on the appeal:
Cynthia A. Lee, Esq.
418 St. Marks Place
Staten Island, New York 10301
(718) 720-3366
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated August 17, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M15138
C/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-01312 In the Matter of Simon Deith, respondent, v Susan Deith, appellant. (Docket No. O-5170/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to vacate a decision and order on motion of this court dated April 5, 2004, which granted the respondent's motion, among other things, to dismiss an appeal from an order of the Family Court, Nassau County, dated January 7, 2004, on the ground that no appeal lies from an order entered upon the default of the appealing party.
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 decision and order on motion of this court dated April 5, 2004, is recalled and vacated, the appeal is reinstated, and the respondent's motion, inter alia, to dismiss the appeal is denied.
RITTER, J.P., H. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15071
E/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2004-01718 In the Matter of Eagle Insurance Company, appellant, v Daniel Rodriguez, et al., respondents.
(Index No. 21464/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, entered February 4, 2004, to stay an uninsured motorist arbitration between it and the respondent Daniel Rodriguez and application by the respondent Daniel Rodriguez to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, the respondent Daniel Rodriguez's time to serve and file a brief is enlarged until September 20, 2004, and the respondent Daniel Rodriguez's brief must be served and filed on or before that date.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15109
M/nal
|
2004-05374, 2004-05575 In the Matter of Tyreek, a/k/a Joseph F. (Anonymous). Miracle Makers, Inc., petitioner-respondent; Audrey F. (Anonymous), appellant, et al., respondent. (Docket No. B-17617-00) In the Matter of Tylasis Maryetta F. (Anonymous). Miracle Makers, Inc., petitioner-respondent; Audrey F. (Anonymous), appellant, et al., respondent. (Docket No. B-720-00)
| SCHEDULING ORDER |
Appeals by Audrey F. from two orders of the Family Court, Kings County, both dated February 12, 2004. By decision and order on motion of this court dated August 17, 2004, the following attorney was assigned as counsel on the appeals:
Matthew M. Lupoli, Esq.
167-16 Northern Blvd.
P.O. Box 580283
Flushing, New York 11358
(718) 539-0622
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the 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 the order of this court dated August 17, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or
(4) 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), 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 appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M15108
M/nal
|
2004-04526 In the Matter of Robert L. Farina, respondent, v Jenny McKevitt, appellant. (Docket No. V-02147-01)
| SCHEDULING ORDER |
Appeal by Jenny McKevitt from an order of the Family Court, Nassau County, dated May 13, 2004. By decision and order on motion of this court dated August 17, 2004, the following attorney was assigned as counsel on the appeal:
David Laniado, Esq.
188 Montague Street - Suite 303
Brooklyn, New York 11201
(718) 246-9444
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated August 17, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M15094
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-07106
In the Matter of Christina P. Fay, an attorney of the State of Pennsylvania seeking admission to the Bar pro hac vice, pursuant to § 520.11(a)(2) of the Rules of the Court of Appeals and § 690.3(c) of the Rules of the Appellate Division, Second Department.
| DECISION & ORDER ON MOTION |
Upon reading and filing the petition of Christina P. Fay, an attorney of the State of Pennsylvania, verified on the 30th day of June, 2004, and the affirmation and exhibits annexed thereto, it is
ORDERED that the petition is granted and that upon taking and subscribing the constitutional oath of office as prescribed by law, Christina P. Fay is admitted to practice pro hac vice, pursuant to § 520.11(a)(2) of the rules of the Court of Appeals and § 690.3(c) of the rules of this court, as an attorney and counselor-at-law on behalf of the District Attorney of Kings County in all matters in which he has an interest, in all Courts of this State, from the date of taking and subscribing the oath to and including February 20, 2006, or upon termination of her employment as an attorney with the office of the District Attorney of Kings County, whichever occurs first; and it is further,
ORDERED that the District Attorney of Kings County shall file an annual report pursuant to § 690.3(e) of the rules of this court concerning Christina P. Fay, and the legal services in which she was engaged in the preceding year.
PRUDENTI, P.J., RITTER, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15152
J/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-07094 In the Matter of Gilberto Flores, et al., appellants, v James L. Kapsis, et al., respondents-respondents, et al., respondents. (Index No. 10225/04)
| DECISION & ORDER ON MOTION |
Motion by Frank MacKay, as Chairman of the New York State Independence Party, for leave to file an amicus curiae brief on an appeal from a final order of the Supreme Court, Nassau County, entered August 12, 2004, and for leave to orally argue the issues raised in the amicus curiae brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to file an amicus curiae brief is granted; and it is further,
ORDERED that the amicus curiae brief which was submitted to the office of the Clerk of this court is accepted for filing; and it is further,
ORDERED that the motion is otherwise denied.
ALTMAN, J.P., SMITH, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14997
M/nal
|
2004-06573 In the Matter of Wendy Jones, respondent, v Glenville Stanley, appellant. (Docket No. P-30364-03)
| SCHEDULING ORDER |
Appeal by Glenville Stanley from an order of the Family Court, Kings County, dated July 7, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14990
M/nal
|
2003-05616
In the Matter of Perry T. K. (Anonymous), Jr. Suffolk County Department of Social Services, petitioner-respondent; Saquonna K. (Anonymous), respondent; Perry K. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Brittany K. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Saquonna K. (Anonymous), respondent; Perry K. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Tobias K. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Saquonna K. (Anonymous), respondent; Perry K. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Susquehanna G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Saquonna K. (Anonymous), respondent; Perry K. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. B-5680-91-02)
| SCHEDULING ORDER |
Appeal by Perry K. from an order of the Family Court, Suffolk County, dated June 4, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 6, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M15103
M/nal
|
2003-07932, 2003-09520
In the Matter of Walter K. (Anonymous). Administration for Children's Services, respondent; Francine S. (Anonymous), appellant. (Docket No. N-2440-02)
| SCHEDULING ORDER |
Appeals by Francine S. from two orders of the Family Court, Richmond County, dated August 27, 2003, and October 17, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on July 16, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeals is enlarged until September 30, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15086
M/nal
|
2004-01743 In the Matter of Eva M. King, appellant, v Ramel Flowers, respondent. (Docket No. O-01551/04)
| SCHEDULING ORDER |
Appeal by Eva M. King from an order of the Family Court, Queens County, dated February 5, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 16, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M15070
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-05608, 2004-05742, 2004-05797 In the Matter of Eric M. Levande, respondent, v Devorah Levande, appellant. (Docket No. V-8150/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Queens County, both dated June 28, 2004, and an amended order of the same court also dated June 28, 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 on the court's own motion the appeals from the orders dated June 28, 2004, are dismissed, as those orders were superseded by the amended order dated June 28, 2004 (Appellate Division Docket No. 2004-05797); and it is further,
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal from the amended order dated June 28, 2004, 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.
ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15014
A/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2004-06840, 2004-06841, 2004-06842 In the Matter of Juliane M. (Anonymous). Administration for Children's Services, petitioner-respondent; Andrew M. (Anonymous), respondent-respondent; Theresa M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Matthew M. (Anonymous). Administration for Children's Services, petitioner-respondent; Andrew M. (Anonymous), respondent-respondent; Theresa M. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-16712/01, N-16713/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of three orders of the Family Court, Queens County, all dated August 10, 2004, pending hearing and determination of appeals therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15091
M/nal
|
2004-01924
In the Matter of Kevonntte Mc. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Shantte W. (Anonymous), appellant, et al., respondent. In the Matter of Teonni Mc. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Shantte W. (Anonymous), appellant, et al., respondent. (Docket Nos. B-15867-03, B-15868-03)
| ORDER TO SHOW CAUSE |
Appeal by Shantte W. from an order of the Family Court, Suffolk County, dated January 23, 2004. By decision and order of this court dated June 23, 2004, the appellant was granted leave to perfect the appeal or renew a motion for leave to prosecute the appeal as a poor person on or before August 9, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 7, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15110
M/nal
|
2004-03428 In the Matter of Kenneth Moreno, respondent, v Maria Cruz, appellant. (Docket No. V-09793/99)
| SCHEDULING ORDER |
Appeal by Maria Cruz from an order of the Family Court, Kings County, dated March 18, 2004. By decision and order on motion of this court dated August 16, 2004, the following attorney was assigned as counsel on the appeal:
Salvatore C. Adamo, Esq.
PMB 40
350 Fifth Avenue
New York, New York 10118-0069
(212) 964-7983
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated August 16, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M15105
M/nal
|
2003-07013, 2003-07014
In the Matter of Jasmine N. (Anonymous). Administration for Children's Services, respondent; Glenn N. (Anonymous), appellant. (Docket No. NA-3601-00)
| SCHEDULING ORDER |
Appeals by Glenn N. from two orders of the Family Court, Queens County, both dated July 23, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 18, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M15079
PL/sl
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2004-02826, 2004-02829
In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Mary Caddigan, respondent. (Index No. 14056/03)
| 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 appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated September 15, 2003, and an order of the same court dated November 19, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 24, 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
M15084
M/nal
|
2004-01530, 2004-04455 In the Matter of Josephine Palm, appellant, v George Palm, respondent. (Docket Nos. V-4643-03, V-4644-03)
| SCHEDULING ORDER |
Appeals by Josephine Palm from two orders of the Family Court, Orange County, dated January 8, 2004 and January 16, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on August 13, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M15082
M/nal
|
2004-04640 In the Matter of Francisco R. (Anonymous), Jr. Miracle Makers, Inc., et al., petitioners-respondents; Melissa Louisa G. (Anonymous), appellant, et al., respondent. (Docket No. B-1440-03)
| SCHEDULING ORDER |
Appeal by Melissa Louisa G. from an order of the Family Court, Queens County, dated April 22, 2004. By decision and order on motion of this court dated August 17, 2004, the following attorney was assigned as counsel on the appeal:
Francine Shraga, Esq.
869 East 12th Street
Brooklyn, New York 11230
(718) 377-4894
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated August 17, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M14735
M/nal
|
2004-06628 In the Matter of Winifred Richards, appellant, v Patrick Campbell, respondent. (Docket Nos. V-3631-00, V-3632-00, V-3633-00)
| SCHEDULING ORDER |
Appeal by Winifred Richards from an order of the Family Court, Suffolk County, dated June 18, 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
M15089
M/nal
|
2004-05044
In the Matter of Camille N. Rochester, respondent, v Fred B. Rochester, appellant. (Docket No. O-5226-04)
| ORDER TO SHOW CAUSE |
Appeal by Fred B. Rochester from an order of the Family Court, Suffolk County, dated May 5, 2004. By scheduling order dated June 22, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not 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; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 the scheduling order dated June 22, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 7, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15123
CF/
|
2003-10262 In the Matter of Cwame T. (Anonymous), appellant. (Docket No. D-04172-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Richmond County, dated October 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
M15106
E/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-04646
In the Matter of Brandon W. (Anonymous), appellant. (Docket No. E-05973/03)
| DECISION & ORDER ON MOTION |
Appeal by Brandon W. from an order of the Family Court, Orange County, dated April 27, 2004. By order to show cause dated July 13, 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 June 4, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, 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 pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated June 4, 2004, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until October 20, 2004.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15111
M/nal
|
2004-03015, 2004-03016, 2004-03017 In the Matter of Khalil W. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Suwauney W. (Anonymous), appellant, et al., respondent. In the Matter of Rakim W. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Suwauney W. (Anonymous), appellant, et al., respondent. (Docket Nos. N-2601-03, N-4342-03)
| SCHEDULING ORDER |
Appeals by Suwauney W. from two orders of the Family Court, Dutchess County, both dated January 27, 2004, and an order and judgment (one paper) of the same court dated March 8, 2004. By decision and order on motion of this court dated July 9, 2004, the following attorney was assigned as counsel on the appeals:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
(212) 227-0206
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated July 9, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) 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), 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 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
M15101
M/nal
|
2003-08121
In the Matter of Lauramarie Addie W. (Anonymous). Lakeside Family & Children's Services, petitioner- respondent; Laura Jeanette W. (Anonymous), et al., appellants. (Docket Nos. B-23901-97, B-18055-99)
| SCHEDULING ORDER |
Appeal by Laura Jeanette W. from an order of the Family Court, Kings County, dated June 18, 2003. The brief of the appellant Laura W. was filed in the office of the Clerk of this court on August 5, 2004, and the brief of the appellant Darryl J. was served and filed on August 19, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M15100
E/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-03525
In the Matter of Yvette W. (Anonymous), respondent, v Simmons G. (Anonymous), appellant.
(Docket No. P-1992/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Family Court, Kings, dated March 31, 2004, for leave to reargue those branches of his motion which were for a free transcript, waiver of the filing fee, and the assignment of counsel, which was determined by decision and order on motion of this court dated May 25, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14954
M/nal
|
2004-06836 In the Matter of Muriel Wilson et al., petitioners- respondents, v Elizabeth Smith, appellant, et al., respondent. (Docket Nos. V-04845/01, V-06083/01)
| SCHEDULING ORDER |
Appeal by Elizabeth Smith from an order of the Family Court, Queens County, dated July 13, 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
M15137
O/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
1993-09684, 1993-09685 The People, etc., respondent, v Lydia Montoya, a/k/a Estelle Gomez, a/k/a Aleida Gomez, appellant. (Ind Nos. 10518/90, 16034/91)
| DECISION & ORDER ON MOTION |
Appeals by the defendant from two judgments of the Supreme Court, Queens County, both rendered December 18, 1991. By order to show cause dated July 1, 2004, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeals on the ground that she has failed to comply with the directives contained in a decision and order on motion of this court dated March 8, 2004.
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 appeals are dismissed, without costs or disbursements, for failure to comply with the directives contained in the decision and order on motion dated March 8, 2004.
PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15073
A/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2002-02410 The People, etc., respondent, v Koba Peradze, appellant. (Ind. No. 50/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Dutchess County, rendered March 15, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the 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.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court