Appellate Division: Second Judicial Department
M15093
A/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-05346
Carol Abdale, appellant, v Bruce J. Nadler, etc., respondent. (Index No. 30042/96)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered April 22, 2004, on the grounds that it was not timely taken and that the notice of appeal was defective.
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.
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15072
R/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
SANDRA L. TOWNES
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-06060 Selma Acheson, et al., respondents, v City of Mount Vernon, appellant. (Index No. 18646/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered May 30, 2003, which was determined by decision and order of this court dated April 12, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
RITTER, J.P., S. MILLER, TOWNES, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15062
S/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
DANIEL F. LUCIANO
ROBERT W. SCHMIDT, JJ.
|
2003-04678 Dawn Bantum, respondent, v American Stock Exchange, LLC, et al., appellants, Heights Partners, Inc., et al., defendants. (Index No. 23099/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this court, dated May 10, 2004, which determined an appeal from an order of the Supreme Court, Queens County, dated April 3, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., H. MILLER, LUCIANO and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15186
O/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2003-10627 Amanda Barrett, appellant, v Hillside Nails, respondent. (Index No. 28492/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated October 3, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until October 25, 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 no further enlargements of time shall be granted.
PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15194
S/sl
|
2003-07896
Rita Bass, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 1) (Index No. 18275/97) 2003-07922 Ryan Burger, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 2) (Index No. 15612/00) 2003-07919 Mary Alice Castallano, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 3) (Index No. 3045/01) 2003-07901 John Cataldo, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 4) (Index No. 13561/98) 2003-07908 Cristina Cordaro, etc., et al., appellants, v International Business Machines Corporation, et al., respondents. (Action No. 5) (Index No. 02548/99) 2003-07889 Kelly Daley, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 6) (Index No. 18755/97) 2003-07888 Kelly Daley, et al., appellants, v EKC Technology, Inc., et al., respondents. (Action No. 7) (Index No. 00146/98) 2003-07881 Amber Ann Louise Kardas, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 8) (Index No. 09011/00) 2003-07895 Robert Kelleher, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 9) (Index No. 4048/97) 2003-07892 Robert Kelleher, et al., appellants, v Shipley Company, Inc., et al., respondents. (Action No. 10) (Index No. 15665/97) 2003-07915 Heather Kelly, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 11) (Index No. 12300/99) 2003-07911 Zachary David Ruffing, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 12) (Index No. 4049/97) 2003-07912 Zachary David Ruffing, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 13) (Index No. 15664/97)
| ORDER ON APPLICATION |
Application by the respondent International Business Machines Corporation pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time of all respondents to serve and file briefs on appeals from orders of the Supreme Court, Westchester County, all entered August 8, 2003, and to enlarge the time of the appellants to serve and file reply briefs.
ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until September 24, 2004, and the respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that the appellants' reply briefs, if any, shall be served and filed on or before November 18, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15048
R/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-02134 Miguel Carrasco, appellant, v Aurora Mendez, respondent. (Index No. 3156/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated January 24, 2003, which was determined by decision and order of this court dated March 29, 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.
SANTUCCI, J.P., SMITH, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15191
O/sl
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-06346 Michael G. Dolin, etc., respondent, v Melvyn Roth, appellant. (Index No. 22051/98)
| DECISION & ORDER ON MOTION |
Motion by counsel for the appellant, and cross motion by counsel for the respondent, on an appeal from an order of the Supreme Court, Nassau County, dated June 20, 2003, for leave to reargue a decision and order on motion of this court dated June 2, 2004, which imposed sanctions on counsel for the appellant and the respondent pursuant to 22NYCRR 670.2(g).
Upon the papers filed in support of the motion and the cross motion, and the papers filed in relation thereto, it is
ORDERED that the motion and the cross motion are denied.
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15188
O/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2003-10789 Alice Gray, appellant, v National Wholesale Liquidators, respondent. (Index No. 2018/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens 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 it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until October 7, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15208
K/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2003-07157
Laura McDonald Hesse, etc., et al., respondents, v Rockland County Legislature, et al., appellants. (Index No. 5244/00)
| ORDER TO SHOW CAUSE |
The defendants having appealed to this court from an order of the Supreme Court, Rockland County, dated July 28, 2003, and having perfected the appeal on October 2, 2003, the respondents having filed a brief on November 6, 2003, and the appellants having filed a reply brief on November 21, 2003, the matter was placed on this court's calendar for September 9, 2004. By letter dated August 16, 2004, counsel for the appellants advised this court that the instant appeal had been rendered academic by virtue of the defendants having obtained summary judgment in March 2004, and that the appellants wished to withdraw the appeal.
Now, on the court's own motion, it is
ORDERED that the parties or their counsel are directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate 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 all parties to the action on or before September 24, 2004.
Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).
The Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.
ALTMAN, J.P., FLORIO, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15180
S/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-02605, 2003-03553 George Hom, appellant, v Rosemary Weintraub, respondent. (Index No. 18175/02)
| DECISION & ORDER ON MOTION |
Appeals by the plaintiff from two orders of the Supreme Court, Nassau County, dated March 3, 2003, and April 3, 2003, respectively, which were determined by decision and order of this court dated April 19, 2004. In the decision and order dated April 19, 2004 (see Hom v Weintraub, 6 AD3d 579), the parties were directed to show cause why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the plaintiff pursuant to 22 NYCRR 130-1.1(c), as this court may deem appropriate.
Now on the court's own motion, and upon the papers filed in response to the order to show cause, it is
ORDERED that within 20 days after service upon him of a copy of this decision and order on motion, the plaintiff, George Hom, shall deposit the sum of $250 with the Clerk of this court for transmittal to the Commissioner of Taxation and Finance (see 22 NYCRR 130-1.3); and it is further,
ORDERED that within 20 days after service upon him of a copy of this decision and order on motion, the plaintiff, George Hom, shall pay to Rosemary Weintraub, the respondent, the sum of $750, representing the reasonable costs of the respondent in defending the appeals and responding to the order to show cause (see 22 NYCRR 130-1.1[b]); and it is further,
ORDERED that the Clerk of the Supreme Court, Nassau County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); 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 on motion upon the parties by regular mail.
In the decision and order dated April 19, 2004, which determined the instant appeals, we noted that "none of the plaintiff's claims have merit" and that "the plaintiff has engaged in a vigorous campaign over a 10 year period to harass his former wife and all persons involved" in the parties, divorce action. In his papers in response to the order to show cause the plaintiff fails to provide any basis for this court to conclude that his actions in proceeding with this appeal were anything but frivolous. Accordingly, for the reasons set forth in the decision and order dated April 19, 2004 (see Hom v Weintraub, supra), and upon the papers filed in response to the order to show cause, the imposition of a sanction and costs in the amounts set forth above is appropriate.
KRAUSMAN, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15197
O/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2003-00206 Island Holding, LLC, plaintiff, v Denis J. O'Brien, a/k/a Denis O'Brien, et al., respondents, Nicholas Valner, etc., et al., appellants, et al., defendants. (Index No. 20743/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, entered December 4, 2002, which was determined by decision and order of this court dated April 12, 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., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15176
S/sl
|
2004-01984
Joseph Maraia, et al., appellants-respondents, v Paul Valentine, respondent-appellant. (Index No. 3664/00)
| 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, Rockland County, dated February 12, 2004.
ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until October 4, 2004, and the joint record or 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
M15175
PL/sl
|
2004-01715
NYCTL 1996-1 Trust, et al., respondents, v Orit Diagnostic Center, Inc., appellant, et al., defendants. (Index No. 32963/00)
| 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, Kings County, dated December 22, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 5, 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
M15074
R/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2003-03400 Connie Robeck, appellant, v Amiya Prasad, respondent. (Index No. 21637/02)
| 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 April 26, 2004, which determined an appeal from an order of the Supreme Court, Kings County, dated February 10, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15170
PL/sl
|
2004-02118
Josephine Robinson, et al., plaintiffs, v Jewish Hospital & Medical Center of Brooklyn, defendant second third-party plaintiff-appellant, et al., defendants; Adel Aziz, second third-party defendant-respondent (and another third-party action).
(Index No. 13936/77)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Kings County, dated February 5, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 2, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15165
O/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
2004-05559 Sheila Scharfman, appellant, v Mark Scharfman, respondent. (Index No. 15119/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Westchester County, entered May 27, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15167
O/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-01033 Michael Scott, respondents, v State of New York, appellant. (Claim No. 66855)
| DECISION & ORDER ON MOTION |
Motion by the appellant to withdraw an appeal from an order of the Court of Claims, dated December 12, 2003, or, in the alternative, to enlarge the time to perfect the appeal.
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 withdraw the appeal is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15171
S/sl
|
2003-01365
John Stafford, respondent-appellant, v Viacom, Inc., defendant third-party plaintiff- respondent, 1515 Broadway Associates, L.P., etc., second third-party plaintiff-respondent, et al., defendant; SCS Systems, Inc., third party-defendant/third third-party plaintiff appellant-respondent, et al., third-party defendants; Lehr Construction Corp., second third party defendant appellant-respondent; LJB Services, Inc., second fourth-party plaintiff-respondent; Jovian Flooring, Inc., second fourth-party defendant appellant-respondent, et al., second fourth-party defendants. (Index No. 4691/96)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and a cross appeal from an order of the Supreme Court, Queens County, dated January 21, 2003.
ORDERED that the application is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeals is enlarged until September 30, 2004, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15174
PL/sl
|
2004-02450
T&G Associates, LLC, respondent, v Robert Leonaggeo, et al., appellants. (Index No. 5131/02)
| 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, Dutchess County, dated March 5, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 11, 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
M15206
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-06868 John Xikis, respondent, v Maria Xikis, appellant.
(Index No. 14032/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated July 20, 2004, to stay the trial in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15185
S/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2004-06900 Michael Zafran, appellant, v Lisa Zafran, respondent. (Index No. 26917/98)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Michael Zafran from an order of the Supreme Court, Nassau County, dated July 16, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order appealed from is not appealable as of right and leave to appeal has not been granted (see CPLR 5701).
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15193
O/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
THOMAS A. ADAMS, JJ.
|
2003-04341 In the Matter of Mark Drucker, appellant, v New York City Agency FISA, respondent. (Index No. 51783/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated April 10, 2003, which was determined by decision and order of this court dated June 28, 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., SMITH, GOLDSTEIN and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15192
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 |
On the court's own motion, it is
ORDERED that the decision and order on motion in the above-entitled case dated August 19, 2004, is recalled and vacated and the following decision and order on motion is substituted therefore:
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:
Del Atwell, Esq.
P. O. Box 2516
Montauk, New York 11954
(631) 267-2067
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
M15196
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-09219 In the Matter of David Larkins, petitioner, v Donald Selsky, etc., respondent. (Index No. 1387/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated October 4, 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 granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until September 3, 2004, and the respondent's brief must be served and filed on or before that date.
RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15069
R/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-04016 In the Matter of Darrell O'Neal, etc., et al., respondents, v New York City Housing Authority, appellant.
(Index No. 796/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated March 19, 2003, which was determined by decision and order of this court dated April 5, 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.
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15119
F/
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2004-02528 In the Matter of Aminat O. (Anonymous). Suffolk County Child Protective Services, respondent; Larre O. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Lola O. (Anonymous). Suffolk County Child Protective Services, respondent; Larre O. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-8308-03, N-8309-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated February 23, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Anna Martin, Esq.
250 Montauk Highway
East Moriches, New York 11940
(631) 878-3352
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.
RITTER, J.P., H. MILLER, S. MILLER, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15118
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-02369 In the Matter of Regina P. (Anonymous). Rockland County Department of Social Services, respondent; Kathy P. (Anonymous), appellant.
(Docket No. N-380-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Rockland County, dated January 20, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Michael D. Diederich, Jr., Esq.
361 Route 210
Stony Point, New York 10980-3230
(845) 942-0795
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.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15173
S/sl
|
2004-01441
In the Matter of Santiago Ramirez, petitioner, v Susan I. Schultz, respondent. (Index No. 8063/03)
| 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 in a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court, Orange County, dated February 13, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 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
M15195
S/sl
|
2004-00689
In the Matter of Riverkeeper, Inc., appellant, v Planning Board of Town of Southeast, et al., respondents. (Appeal No. 1) (Index No. 7921/03) 2004-00703 In the Matter of Richard Feuerman, et al., appellants, v Planning Board of Town of Southeast, et al., respondents. (Appeal No. 2) (Index No. 7805/03) 2004-00713 In the Matter of Croton Watershed Clean Water Coalition, Inc., et al., appellants, v Planning Board of Town of Southeast, et al., respondents. (Appeal No. 3) (Index No. 7847/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on appeals from three judgments of the Supreme Court, Westchester County, all entered December 12, 2003.
ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until November 29, 2004, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15184
S/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2004-06281 In the Matter of Melissa S. (Anonymous). Administration for Children's Services, petitioner-respondent; Teodor S. (Anonymous), appellant; et al., respondents. (Docket No. N-33795-03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Teodor S. from an order of the Family Court, Kings County, dated July 6, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the appeal has been rendered academic as the order on appeal has expired.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15183
S/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2004-06805 In the Matter of Gines Serran-Pagan, appellant, v Lisa Margaret Patrick, respondent. (Index No. 24393/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Gines Serran-Pagan from an order of the Supreme Court, Suffolk County, dated June 22, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the aggrieved party (see CPLR 5511).
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15200
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-02796 In the Matter of Reginald Thompson, appellant, v New York State Division of Parole, respondent. (Index No. 2796/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Orange County, dated March 11, 2004, for leave to reargue those branches of his prior motion which were to waive the filing fee, for free transcripts, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, 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 his brief on the appeal is enlarged until October 29, 2004.
RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15172
S/sl
|
2004-05688, 2004-06131 In the Matter of Town of Orangetown, et al., respondents, v Orangetown Policemen's Benevolent Association, et al., appellants. (Index No. 8484/03)
| 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 appeals from an order of the Supreme Court, Orange County, dated June 23, 2004, and a judgment of the same court, dated July 8, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 12, 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
M14419
F/
DANIEL F. LUCIANO, J.
|
2004-05496 The People, etc., plaintiff, v Marc Benanti, defendant. (Ind. No. 1315/86)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated May 25, 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.
DANIEL F. LUCIANO
Associate Justice
Appellate Division: Second Judicial Department
M15203
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2001-04755 The People, etc., respondent, v Mark Gordon, appellant. (Ind. No. 90-00023)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the County Court, Orange County, rendered May 11, 2001, on the ground that the appellant is no longer available to obey the mandate of the court.
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 appeal is dismissed on the ground that the appellant is no longer available to obey the mandate of the court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578).
RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M14389
F/
DANIEL F. LUCIANO, J.
|
2004-05025 The People, etc., plaintiff, v Jonathan Holland, defendant. (Ind. No. 3572/94)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated May 17, 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.
DANIEL F. LUCIANO
Associate Justice
Appellate Division : Second Judicial Department
M14388
F/
DANIEL F. LUCIANO, J.
|
2004-04235 The People, etc., plaintiff, v Louis Leath, defendant. (Ind. No. 3266/94)
| 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 March 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.
DANIEL F. LUCIANO
Associate Justice
Appellate Division: Second Judicial Department
M15190
O/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-06090 The People, etc., respondent, v Samuel Michael, a/k/a Neil Nosenchuk, appellant. (Ind. No. 98-00287)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an execution of sentence of the County Court, Westchester County, rendered June 7, 1999.
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 the appeal is dismissed, as no appeal lies from an execution of sentence (see People v Crawford, 239 AD2d 515).
PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15164
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-05707
The People, etc., respondent, v Fernando F. Morrison, appellant.
(S.C.I. No. 20/04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered June 21, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Kevin Gilleece, Esq.
399 Knollwood Road - Suite 206
White Plains, New York 10603
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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.
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services
Telephone: (518) 457-0043
Appellate Division : Second Judicial Department
M14384
F/
DANIEL F. LUCIANO, J.
|
2004-03097 The People, etc., plaintiff, v Smith Percinthe, defendant. (Ind. No. 3169/02)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 24, 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.
DANIEL F. LUCIANO
Associate Justice
Appellate Division: Second Judicial Department
M15181
O/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2004-00403 The People, etc., respondent, v Peter S. Starr, appellant. (Ind. Nos. 03-00209, 02-00920)
| DECISION & ORDER ON MOTION |
Motion by Robert S. Persky, the attorney for the appellant, for leave to withdraw as counsel on an appeal from a judgment of the County Court, Orange County, rendered December 12, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and Robert S. Persky is relieved from representing the appellant with respect to the instant appeal; and it is further,
ORDERED that on or before September 17, 2004, Robert S. Persky is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order, and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that no further proceedings shall be taken against the appellant, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order.
SANTUCCI, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15178
O/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2002-10500 The People, etc., respondent, v Leatress Tice, appellant. (Ind. No. 02-07019)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Orange County, rendered October 29, 2002, to remit this matter to the County Court, Orange County, for a reconstruction hearing in connection with proceedings that occurred before that court in the above-entitled action on August 13, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, within 30 days of service upon her of a copy of this decision and order on motion, court reporter Elizabeth Garten shall serve upon the attorney for the appellant and shall serve and file in the office of the clerk of this court copies of the missing transcript of the proceeding on August 13, 2002, in the above-entitled action; and it is further,
ORDERED that on or before September 17, 2004, the attorney for the appellant is directed to serve court reporter Elizabeth Garten with a copy of this decision and order on motion by regular mail and by certified mail, return receipt requested; and it is further,
ORDERED that in the event that court reporter Elizabeth Garten does not serve the above noted transcripts on the attorney for the appellant within the time provided by this decision and order the appellant may move to hold her in contempt of court; and it is further,
ORDERED that the motion is denied.
RITTER, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court