APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5090
S/sl
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2003-05391
Eva Avezzano, et al., appellants, v Alberto Savoretti, et al., respondents. (Index No. 25312/96)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered April 30, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 4, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5034
M/sl
|
2003-05061
Citimortgage, Inc., etc., respondent, v Elias DeFairia, appellant. (Index No. 10854/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 12, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 29, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4964
S/sl
|
2003-04189
Michael Cohen, appellant, v Edward Lapidus, et al., respondents. (Index No. 11529/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, entered April 17, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4988
M/sl
|
2003-03997 Louis DeBartolo, appellant, v Nancy B. Yahgmour-DeBartolo, respondent. (Index No. 13596/99)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated November 29, 2000.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 15, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5109
J/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-01883
Hannah Fine, respondent, v Lawrence Fine, appellant. (Index Nos. 42/91, 7598/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 21, 2003, in the above-entitled matter is amended by deleting from the recitation paragraph thereof the words "no papers having been filed in opposition or relation," and substituting therefor the words "the papers having been filed in opposition."
PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5036
M/sl
|
2003-02148
Household Bank (SB), N.A., respondent, v Steve N. Mitchell, appellant. (Index No. 1028/02)
| 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, Dutchess County, dated January 27, 2003.
ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged, and the record and brief submitted to the Clerk of this court on November 12, 2003, are accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4961
M/sl
|
2003-02692
Tuwanda Mapp, appellant, v Snorac, Inc., et al., respondents. (Index No. 47469/00)
| 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 and judgment (one paper) of the Supreme Court, Kings County, dated December 23, 2002.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 14, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5032
A/sl
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2002-02197 Michael Matera, etc., et al., respondents, v Mystic Transportation, Inc., et al., appellants, et al., defendants. (Action No. 1)
| DECISION & ORDER ON MOTION |
(Index No. 19220/97)
Mystic Transportation, Inc., et al., appellants,
v Michael Matera, etc., et al., respondents,
et al., defendants.
(Action No. 2)
(Index No. 5205/98)
Michael Matera, etc., et al., plaintiffs,
v City of Yonkers, et al., defendants.
(Action No. 3)
(Index No. 7405/98)
CNA Insurance Companies, a/s/o New York State
Thruway Authority, plaintiff-respondent, v City of
Yonkers, et al., defendants-respondents, Mystic Bulk
Carriers, Inc., et al., appellants, et al., defendant.
(Action No. 4)
(Index No. 227/00)
Zurich Insurance Company, a/s/o New York State
Thruway Authority, plaintiff-respondent, v Mystic
Bulk Carriers, Inc., et al., appellants, Fruehauf
Trailer Corp., et al., defendants-respondents,
et al., defendant.
(Action No. 5)
(Index No. 271/99)
Travelers Indemnity Company of Illinois,
a/s/o New York State Thruway Authority, plaintiff-
respondent, v County of Westchester, et al.,
defendants-respondents, Mystic Bulk Carriers,
Inc., et al., appellants.
(Action No. 6)
(Index No. 280/99)
Reliance National Insurance Company, a/s/o
New York State Thruway Authority, plaintiff-
respondent, v Mystic Bulk Carriers, Inc., et al.,
appellants, Fruehauf Trailer Corp., defendants-
respondents, et al., defendant.
(Action No. 7)
(Index No. 325/99)
New York State Thruway Authority, respondent-
appellant, v Mystic Bulk Carriers, Inc., et al.,
defendants third-party plaintiffs-appellants-
respondents, Fruehauf Trailer Corporation, et al.,
respondents; City of Yonkers, third-party defendant-
respondent, et al., third-party defendant.
(Action No. 8)
(Index No. 19004/99)
Motion by Mystic Transportation, Inc., and Mystic Bulk Carriers, Inc., appellants in Action Nos. 1, 2, 4, 5, 6, and 7, and the defendants third-party plaintiffs-appellants in Action No. 8, and Frank P. Gangone, appellant in Action Nos. 1, 4, 5, 6, and 7, and the defendant third-party plaintiff-appellant in Action No. 8, for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered January 29, 2002, which was determined by decision and order of this court dated September 22, 2003, 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 one bill of $100 costs.
SMITH, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4278
M/sl
|
2003-03920
James McRae, etc., appellant, v Motor Vehicle Accident Indemnification Corporation, respondent. (Index No. 27848/02)
| 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, Kings County, dated March 11, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 30, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5096
S/sl
|
2003-06542
Janessicia Moody, etc., et al., respondents, v New York City Board of Education, appellant. (Index No. 25211/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 10, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 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.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4985
M/sl
|
2003-04466
My Carpet, Inc., appellant, v Bruce Supply Company, respondent. (and a third-party action) (Index No. 30604/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 28, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 27, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4973
M/sl
|
2003-04675
Jacqueline Nolin, appellant, v Mathew Roderick, et al., respondents. (Index No. 16625/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 3, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 30, 2003, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4969
M/sl
|
2003-04696
Peter Panagis, et al., respondents, v John S. Vlattas, et al., appellants. (Index No. 21388/98)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated March 10, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 12, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4631
M/mv
|
2003-07683
Howard Porter, appellant, v Annette Porter, respondent. (Index No. 5216/01)
| ORDER TO SHOW CAUSE |
Appeal by Howard Porter from a judgment of the Supreme Court, Richmond County, dated June 17, 2003. By scheduling order dated September 26, 2003, 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 Supreme Court action 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 action for failure to comply with the scheduling order dated September 26, 2003, 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 December 19, 2003; 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4975
M/sl
|
2003-03873 Jose Roman, plaintiff-respondent, v City of New York, defendant-respondent, 849 Manhattan Avenue Realty Association, appellant, et al., defendants. (Index No. 15979/99)
| ORDER ON APPLICATION |
Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 21, 2003.
ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until December 24, 2003, and the plaintiff-respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4992
M/sl
|
2003-03672
Fred Schlosser, respondent, v Mary Anderson Schlosser, appellant. (Index No. 901/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated March 24, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 23, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5035
M/sl
|
2003-03113 Amory Sepulveda, et al., appellants, v Empire of Hempstead, LLC, etc., et al., respondents. (Index No. 19787/01)
| ORDER ON APPLICATION |
Application by the respondent FGP Heritage Square, Inc., i/s/a FGP Country Estate Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated March 21, 2003.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until December 8, 2003, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4963
M/sl
|
2003-06829
State Farm Insurance Company, a/s/o Stanley Sidel, appellant, v Robinson Oil Co., respondent, (Index No. 14962/02)
| 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, Westchester County, dated June 17, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 9, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4962
M/sl
|
2003-02238
Eugene Wasserman, respondent, v City of New York, defendant, New York City Transit Authority, appellant. (Index No. 47659/97)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated January 29, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4549
E/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2002-09981 Jesse Williams, appellant, v North Fork Bank & Trust Co., respondent. (Index No. 25315/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated September 25, 2002, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted.
SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4990
A/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-09584 Kathryn Zarate, respondent, v Nassau County Medical Center, et al., appellants. (Index No. 15205/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay discovery and the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered October 10, 2003.
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 granted and discovery and the trial in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 31, 2003; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 31, 2003, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2345
M/mv
|
2003-04177, 2003-04178
In the Matter of Daquan Malik B. (Anonymous). Commissioner of Social Services of City of New York, et al., respondents; Chinelle Lashawn T. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Natasha T. (Anonymous). Commissioner of Social Services of City of New York, et al., respondents; Chinelle Lashawn T. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-2775-01, B-2776-01)
| SCHEDULING ORDER |
Appeals by Chinelle Lashawn T. from two orders of the Family Court, Queens County, both dated April 1, 2003. Pursuant to § 670.4(d) of the rules of this court (see 22 NYCRR 670.4[d]) it is
ORDERED that the scheduling order of this court dated August 20, 2003, in the above-entitled proceedings is amended to reflect that there are two appeals from two orders of the Family Court, Queens County, both dated April 1, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4565
M/mv
|
2003-04177, 2003-04178
In the Matter of Daquan Malik B. (Anonymous). Commissioner of Social Services of City of New York, et al., respondents; Chinelle Lashawn T. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Natasha T. (Anonymous). Commissioner of Social Services of City of New York, et al., respondents; Chinelle Lashawn T. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-2775-01, B-2776-01)
| SCHEDULING ORDER |
Appeals by Chinelle Lashawn T. from two orders of the Family Court, Queens County, both dated April 1, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 3, 2003. 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
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
M4636
M/mv
|
2003-04641
In the Matter of Jonathan B. (Anonymous). Catholic Home Bureau for Dependent Children, appellant; Lillianna L. B. (Anonymous), respondent. (Docket No. B-11292-99)
| SCHEDULING ORDER |
Appeal by Catholic Home Bureau for Dependent Children from an order of the Family Court, Queens County, dated September 4, 2002. The appellant's brief was filed in the office of the Clerk of this court on August 25, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September 11, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent/the law guardian to serve and file a brief in the above-entitled appeal is enlarged until December 22, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4960
M/mv
|
2003-07787
In the Matter of Beth Barsky, respondent, v J. Douglas Zona, appellant. (Docket Nos. V-5741-02, V-5742-02, V-5743-02, V-5744-02)
| SCHEDULING ORDER |
ORDERED that the order to show cause dated November 25, 2003, in the above-entitled proceeding is recalled and vacated, and the following scheduling order is substituted therefor:
Appeal by J. Douglas Zona from an order of the Family Court, Westchester County, dated August 4, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September 18, 2003, in the above-entitled proceeding 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 February 4, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4629
M/mv
|
2003-08240
In the Matter of Randi Butterworth, appellant, v Jerald H. Sperber, respondent. (Docket No. F-01656/99)
| SCHEDULING ORDER |
Appeal by Randi Butterworth from an order of the Family Court, Suffolk County, dated August 11, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September 29, 2003, in the above-entitled proceeding 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 December 12, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4633
M/mv
|
2003-08128
In the Matter of Vanessa Canty, respondent, v Alphonza Johnson, appellant. (Docket No. F-3516/03)
| ORDER TO SHOW CAUSE |
Appeal by Alphonza Johnson from an order of the Family Court, Kings County, dated July 25, 2003. By scheduling order dated September 25, 2003, 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 proceeding 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 September 25, 2003, 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 December 19, 2003; 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4922
A/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-10002 In the Matter of Dionne D. (Anonymous), respondent; Charlotte Seltzer, etc., appellant. (Index No. 501091/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated November 10, 2003, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of the order dated November 10, 2003, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 31, 2003; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 31, 2003, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4634
M/mv
|
2003-06093
In the Matter of Deborah Fugazy, respondent, v William Fugazy, etc., appellant. (Docket No. O-6850-03)
| ORDER TO SHOW CAUSE |
Appeal by William Fugazy from an order of the Family Court, Westchester County, dated June 4, 2003. By scheduling order dated August 12, 2003, 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 proceeding 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 August 12 , 2003, 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 December 19, 2003; 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4649
M/mv
|
2003-08962
In the Matter of Sheung C. Ingle, respondent, v Patrick O. Ingle, appellant. (Docket No. O-05820/02)
| SCHEDULING ORDER |
Appeal by Patrick O. Ingle from an order of the Family Court, Dutchess County, dated June 12, 2003. 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 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 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M4632
M/mv
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2003-07825
In the Matter of Gerald Leichman, appellant, v Maureen Leichman, respondent. (Docket No. F-09553-03)
| ORDER TO SHOW CAUSE |
Appeal by Gerald Leichman from an order of the Family Court, Suffolk County, dated July 8, 2003. By scheduling order dated September 24, 2003, 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 proceeding 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 September 24, 2003, 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 December 19, 2003; 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4637
M/mv
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2003-07537
In the Matter of Marianne Mason, respondent, v Steve P. Travis, appellant. (Docket No. F-397/03, F-398/03)
| ORDER TO SHOW CAUSE |
Appeal by Steve P. Travis from an order of the Family Court, Westchester County, dated August 21, 2003. By scheduling order dated September 26, 2003, 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 proceeding 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 September 26, 2003, 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 December 19, 2003; 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4646
M/mv
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2003-07837, 2003-07838
In the Matter of Jo-Anne Rossitto, appellant, v Ralph DeFelice, respondent. (Docket No. F-08675-03)
| SCHEDULING ORDER |
Appeals by Jo-Anne Rossitto from two orders of the Family Court, Suffolk County, dated July 17, 2003, and August 18, 2003, respectively. By decision and order on motion of this court dated November 3, 2003, the appellant's motion for leave to prosecute the above-entitled appeals as a poor person was denied. 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 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 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 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 appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M4647
M/mv
|
2003-05607
In the Matter of Mikail V. (Anonymous), appellant. (Docket Nos. E-4615-03, D-4930-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Suffolk County, dated May 15, 2003. By decision and order on motion of this court dated November 3, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Anna Martin, Esq.
250 Montauk Highway
East Moriches, New York 11940
(516) 878-3352
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 November 3, 2003, 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M4999
F/
WILLIAM D. FRIEDMANN, J.
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2003-05833
The People, etc., plaintiff, v Esteban Andujar, defendant. (Ind. No. 2351-99)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated June 3, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
WILLIAM D. FRIEDMANN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4998
F/
WILLIAM D. FRIEDMANN, J.
|
2003-07383
The People, etc., plaintiff, v Clint Davenport, defendant. (Ind. No. 738-98)
| 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 County Court, Suffolk County, dated October 9, 2002, 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.
WILLIAM D. FRIEDMANN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5000
F/
WILLIAM D. FRIEDMANN, J.
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2003-04133
The People, etc., plaintiff, v Thomas Hayes, defendant. (Ind. No. 3036/97)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated April 4, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
WILLIAM D. FRIEDMANN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4987
M/sl
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2003-00251
The People, etc., respondent, v Darius Jean, appellant. (Index No. 01-321)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the County Court, Rockland County, rendered November 21, 2002.
ORDERED that the application is granted and 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 February 17, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5111
A/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
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2001-05785
The People, etc., respondent, v Tresa McPherson, a/k/a Trisha McPherson, appellant. (Ind. No. 1490/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to hold in abeyance an appeal from a judgment of the Supreme Court, Kings County, rendered June 26, 2001, pending hearing and determination of a motion to vacate the judgment of conviction pursuant to CPL 440.10.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4839
F/
WILLIAM D. FRIEDMANN, J.
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2003-07874
The People, etc., plaintiff, v Victor Sanchez, defendant. (Ind. No. 14513/92)
| 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 July 24, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
WILLIAM D. FRIEDMANN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5005
F/
BARRY A. COZIER, J.
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2003-07231
The People, etc., plaintiff, v Jewan Singh, a/k/a Mike Singh, defendant. (Ind. No. 3691/00)
| 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 3, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
BARRY A. COZIER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5004
F/
BARRY A. COZIER, J.
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2003-07162
The People, etc., plaintiff, v Deshaw Smith, a/k/a Darryl Swindell, defendant. (Ind. No. 4573/90)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated October 25, 2002, 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.
BARRY A. COZIER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5001
F/
WILLIAM D. FRIEDMANN, J.
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2003-03270
The People, etc., plaintiff, v Najie Stephenson, defendant. (Ind. No. 9284/91)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 3, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
WILLIAM D. FRIEDMANN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5031
A/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
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2003-09223
The People, etc., ex rel. Desmond Greene, petitioner, v Richard Palmer, Jr., etc., et al., respondent.
| DECISION & ORDER ON APPLICATION |
Application by the petitioner, inter alia, for a writ of habeas corpus and for poor person relief.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,
ORDERED that the branch of the application which is for a writ of habeas corpus is denied and the petition is dismissed, without costs or disbursements.
PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk