SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5249
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2003-05120, 2003-05122
Commissioner of State Insurance Fund, respondent, v Patrick James Quinn, et al., appellants. (Index No. 13789/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two judgments of the Supreme Court, Westchester County, both entered March 25, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until January 29, 2004, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT M5253
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2003-04457
Christina Marie Conde, etc., et al., appellants, v City of New York, et al., respondents. (Index No. 47649/97)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 14, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 18, 2003, 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
M5227
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2003-05049
Velvet DiLeo, et al., appellants, v Rosalie Barreca, et al., respondents. (Action No. 1) (Index No. 13415/00)
Svetlana Anuchina, et al., appellants, v Rosalie Barreca, respondent. (Action No. 2) (Index No. 25971/00)
| ORDER ON APPLICATION |
Application by the appellants in both actions pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated May 12, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until February 3, 2004, and the joint record or appendix on the appeals and the appellants' brief(s) must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5221
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MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
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2003-09421 Louann Fernald, appellant, v Robert Vinci, respondent. (Index No. 5930/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Westchester County, dated November 20, 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 on the court's own motion the notice of appeal from a decision dated October 1, 2003, is deemed to be a premature notice of appeal from the order dated November 20, 2003 (see CPLR 5520[c]); and it is further,
ORDERED that the motion is denied.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5233
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ANITA R. FLORIO, J.P.
NANCY E. SMITH
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
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2002-10753 Mary E. Franklin, respondent, v Omni Sagamore Hotel, defendant third-party plaintiff respondent- appellant, et al., defendants; Northern Exhaust Cleaners, third-party defendant appellant-respondent. (Index No. 20550/98)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 16, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SMITH, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5256
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A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
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2003-09039 Denine Johnson, et al., appellants, v April Buxton-Sinclair, et al., respondents. (Index No. 14147/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents to vacate a stay of all proceedings in a matter entitled Matter of Sinclair v Johnson, pending in the Civil Court, Queens County, under Index No. 67289/03,
which was granted by decision an order on motion of this court dated October 24, 2003, on an appeal from an order of the Supreme Court, Queens County, dated September 3, 2003.
Upon the papers filed in support of the motion and upon the stipulation of the parties dated November 18, 2003, it is
ORDERED that on the court's own motion the decision and order on motion dated October 24, 2003, is recalled and vacated; and it is further,
ORDERED that the motion by the appellants for a stay of all proceedings in a matter entitled Matter of Sinclair v Johnson, pending in the Civil Court, Queens County, under Index No. 67289/03, is denied; and it is further,
ORDERED that the motion by the respondents to vacate the stay is denied as academic.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5251
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2003-04940
Jorge Juncal, et al., respondents-appellants, v W12/14 Wall Acquisition Associates, LLC, et al., defendants third-party plaintiffs appellants- respondents, Sweet Construction Corp., defendant- respondent; Metro Demolition Contracting Corp., third-party defendant-respondent. (Index No. 12539/00)
| 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, Queens County, dated April 25, 2003, and cross application by the respondents-appellants for the same relief.
ORDERED that the application and cross application are granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until January 29, 2004, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before March 1, 2004 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4840
M/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2003-05260 Leslie Kahan, respondent, v Ilya Sulaymanov, et al., defendants third-party plaintiffs-appellants; Barry Markovitz, et al., third-party defendants- respondents. (Index No.14902/89)
| DECISION & ORDER ON MOTION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Kings County, dated January 15, 2003.
Now on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5223
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2003-02202, 2003-04991, 2003-07797
James L. Kapsis, appellant, v Michael S. Peragine, et al., respondents. (Index No. 13623/02)
| 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 three orders of the Supreme Court, Nassau County, dated March 12, 2003, April 22, 2003, and July 24, 2003, respectively.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 2, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5232
L/
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
STEPHEN G. CRANE, JJ.
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2003-05772 Summyr Karkoski, respondent, Application to Withdraw Appeal v County of Suffolk, et al., appellants. (Index No. 22449/01)
| DECISION & ORDER ON APPLICATION |
Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Suffolk county, dated May 28, 2003.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
RITTER, J.P., SMITH, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5216
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MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
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2003-06693 Mary Lepkanich, appellant, v Gerard Lepkanich, respondent. (Action No. 1) (Index No. 201923/02) Mary Lepkanich, appellant, v Gerard Lepkanich, respondent. (Action No. 2) (Index No. 200237/03)
| DECISION & ORDER ON MOTION |
Appeal by Mary Lepkanich from a decision of the Supreme Court, Nassau County, dated July 8, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5264
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NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
LEO F. McGINITY
REINALDO E. RIVERA, JJ.
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2003-06719, 2003-08753 Lincoln Savings Bank, FSB, respondent, v Ralph Wynn, appellant, et al., defendants. (Index No. 16153/90)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for a preference in the calendaring of an appeal from an order of the Supreme Court, Nassau County, dated September 25, 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.
SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5172
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MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
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2003-04124 M&T Mortgage Corporation, respondent, v Alpha and Omega, Inc., appellant, et al., defendants. (Index No. 22208/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 7, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave 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.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5246
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2003-01393
Thomas Romney, appellant, v New York City Transit Authority, respondent. (Index No. 5645/92)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated December 24, 2002.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 18, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5248
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2003-05235
Judith Ryga, etc., et al, appellants, v New York City Transit Authority, et al, respondents. (Index No. 22627/92)
| 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, dated March 3, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 29, 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
M5236
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ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2003-07043 Silver Edge Sportswear, Inc., respondent, v Foreign Resources Corp., et al., appellants, et al., defendants. (Index No. 49508/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated July 24, 2003, and to enlarge the appellants' time to serve and file a reply brief.
Upon the papers filed in support of the motion, and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until December 12, 2003, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellants' time to serve and file a reply brief is enlarged until January 7, 2004, and the appellants' reply brief must be served and filed on or before that date.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5214
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MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
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2003-09916 In the Matter of Holanda Campoverde, respondent, v Carlos Jorge, appellant. (Docket No. F-15524/03)
| DECISION & ORDER ON MOTION |
Appeal by Carlos Jorge from an order of the Family Court, Queens County, dated October 9, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable (see Family Ct Act § 439[e]).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5257
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GABRIEL M. KRAUSMAN, J.P.
LEO F. McGINITY
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
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2002-07632 In the Matter of Thomas Carvel, deceased. Thomas and Agnes Carvel Foundation, respondent-appellant; Pamela Carvel, et al., appellants-respondents, Robert M. Davis, et al., respondents-respondents, et al., respondents. (Index No. 3285/90)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 24, 2003, in the above-entitled case is amended by deleting from the second decretal paragraph thereof the dated "December 1, 2003", and substituting therefor the date "December 8, 2003".
KRAUSMAN, J.P., McGINITY, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5205
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ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2003-04465
In the Matter of Lynda DeSantis, appellant, v Joseph Troiano, respondent. (Docket Nos. F-619/02, F-1604/03)
| DECISION & ORDER ON MOTION |
Appeal by Lynda DeSantis from an order of the Family Court, Westchester County, dated April 21, 2003. By decision and order on motion dated October 16, 2003, the motion of this court to dismiss the appeal for failure to comply with a scheduling order dated June 18, 2003, issued pursuant to 22 NYCRR 670.4(a)(5), was denied and the appellant was directed to perfect the appeal on or before November 28, 2003. The appellant has not perfected the appeal or sought a further enlargement of time.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect the appeal in accordance with the decision and order on motion dated October 16, 2003.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5258
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SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
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2003-08279 In the Matter of Elvis Harrell, petitioner, v Village of Spring Valley Justice Court, respondent. (Index No. 99/02354)
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent to determine an outstanding motion.
Upon the papers filed in support of the petition and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the proceeding is dismissed, without costs or disbursements, for lack of jurisdiction (see CPLR 506[b], 7804[b]), without prejudice to the petitioner seeking relief in the Supreme Court, Rockland County.
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5245
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ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2003-09966 In the Matter of Joseph K. (Anonymous). Leeor K. (Anonymous), et al., appellants-respondents; Marek R. (Anonymous), respondent-appellant. (Index No. 26339/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to stay a hearing in the above-entitled proceeding pending hearing and determination of an appeal from a counter judgment of the Supreme Court, Nassau County, dated January 6, 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.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5222
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FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
SANDRA L. TOWNES, JJ.
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2003-00012 In the Matter of Kyle M. (Anonymous). Suffolk County Department of Social Services, respondent; Marielena M. (Anonymous), appellant. (Proceeding No.1) In the Matter of Ariel M. (Anonymous). Suffolk County Department of Social Services, respondent; Marielena M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Samantha M. (Anonymous). Suffolk County Department of Social Services, respondent; Marielena M. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Daniel M. (Anonymous). Suffolk County Department of Social Services, respondent; Marielena M. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. B-5786-02, B-5787-02, B-5788-02, B-5789-02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated August 27, 2003, in the above-entitled proceeding is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the counsel assigned to represent the appellant in four proceedings before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Suffolk County, dated November 12, 2002, and for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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:
Richard Herzfeld, Esq.
555 Fifth Ave - 17th Floor
New York, New York 10017
(212) 818-9019
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.
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5206
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MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
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2003-09763 In the Matter of Sheldon Messer, appellant, v Kathy J. Christian, respondent. (Docket No. V-14520-02)
| DECISION & ORDER ON MOTION |
Appeal by Sheldon Messer from an order of the Family Court, Westchester County, dated August 7, 2003.
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 on consent of the appealing party (see Baecher v Baecher, 95 AD2d 841).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5212
S/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
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2003-09881 In the Matter of Philip Moorehead, appellant, v Susan Risien, respondent. (Docket No. P-01574/88)
| DECISION & ORDER ON MOTION |
Appeal by Philip Moorehead from an order of the Family Court, Suffolk County, dated September 26, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable (see Family Ct Act § 439[e]).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5208
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MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
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2003-09856 In the Matter of Suffolk County Department of Social Services, o/b/o Linda Macy, respondent, v Brian Quinn, appellant. (Docket No. P-01751-03)
| DECISION & ORDER ON MOTION |
Appeal by Brian Quinn from an order of the Family Court, Suffolk County, dated July 21, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable (see Family Ct Act § 439[e]).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4937
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THOMAS A. ADAMS, J.
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2003-08413
The People, etc., plaintiff, v Valance Cole, defendant. (Ind. No. 867/86)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on application dated November 19, 2003, in the above-entitled case is amended by deleting from the second paragraph thereof the word "opposition" and substituting therefor the word "relation."
THOMAS A. ADAMS
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5002
F/
DAVID S. RITTER, J.
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2003-08179
The People, etc., plaintiff, v Darius Jean, defendant. (Ind. No. 01-00321)
| 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, Rockland County, entered August 18, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
DAVID S. RITTER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5263
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MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
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1996-00177 The People, etc., respondent, v Michael Jones, appellant. (Ind. No. 1860/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated September 29, 2003, granting the respondent's motion to dismiss an appeal from a judgment of the Supreme Court, Kings County, rendered January 9, 1996, to reinstate the appeal, for leave to prosecute the appeal 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 denied.
ALTMAN, J.P., GOLDSTEIN, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5003
F/
DAVID S. RITTER, J.
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2003-07002
The People, etc., plaintiff, v Charles Smith, defendant. (Ind. No. 64569)
| 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 June 6, 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.
DAVID S. RITTER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5267
V/
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
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2003-09093
The People, etc., ex rel. Meng Ju Wu, a/k/a Mark Wu, appellant, v Michelle Mack, etc., respondent.
(Special Proceeding No. 285/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court dated October 24, 2003, is amended by deleting from the decretal paragraph thereof the word "Kings" and substituting therefor the word "Queens."
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk