APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5250
C/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-09465 Alsol Enterprises, Ltd., respondent, v Premier Lincoln-Mercury, Inc., appellant. (Index No. 38657/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated August 13, 2003, on the ground that the appeal was not timely taken.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal as not timely taken is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5513); 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
M5076
V/
|
2003-04742
American Electrical Construction Corp., et al., appellants, v James B. Roche, respondent. (Index No. 6850/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 24, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5094
V/
|
2003-07490
Helen Axelrod, respondent, v Howard Axelrod, appellant. (Index No. 17886/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 16, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5089
V/
|
2003-05392
Nerya Badalbayev, et al., respondents, v City of New York, et al., defendants, Wyoming Leasing, LP, appellant. (Index No. 15674/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 29, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5226
A/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-09667 Bankers Trust Company of California, N.A., etc., respondent, v Frances Dudley, et al., defendants; Henry Pouncy, nonparty-appellant. (Index No. 22145/99)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to stay all proceedings to remove him from the subject premises and all proceedings in a related case entitled Matter of Wells Fargo Bank Minnesota, N.A. v Pouncy, pending in the Civil Court of the City of New York, Kings County, Housing Part, under Index No. L&T 77910/02, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 24, 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, pending hearing and determination of the appeal, all proceedings to remove the nonparty-appellant from the subject premises and all proceedings in the related case entitled Matter of Wells Fargo Bank Minnesota, N.A. v Pouncy, pending in the Civil Court of the City of New York, Kings County, Housing Part, under Index No. L&T 77910/02, are stayed on condition that the appeal is perfected on or before January 5, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 5, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5201
T/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-09968 Freddy Canales, etc., respondent, v Hustler Manufacturing Co., et al., defendants, Triple S Dynamics, Inc., et al., appellants. (and a third-party action) (Index No. 3083/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant Triple S Dynamics, Inc., to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Nassau County, entered October 15, 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 the trial in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before January 5, 2004; and it is further,
ORDERED that in the event the appeals are not perfected on or before January 5, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5092
V/
|
2003-06221 Caya Materiales, Inc., plaintiff-respondent, v Acoustic Technology, Inc., et al., defendants- respondents, Queens West Development Corporation, et al., defendants-appellants. (Index No. 12366/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 20, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5305
O/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-07661 Clarendon National Insurance Company, a/s/o Country Ford, respondent, v Kurz Oil Company, appellant, et al., defendants. (and other actions) (Index No. 2479/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated August 12, 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., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5252
O/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-09983 Angelo Colella, appellant, v Maria Colella, respondent. (Index No. 5998/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated November 5, 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 all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5088
V/
|
2002-10439 Columbus Avenue Housing Systems, Inc., et al., respondents, v All City Insurance Company, appellant. (Index No. 11187/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 30, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5247
C/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
SONDRA MILLER
LEO F. McGINITY, JJ.
|
2003-09365 Consolidated Payroll Services, Inc., appellant, v Irving Berk, respondent. (Index No. 42941/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated October 23, 2003, to amend so much of a prior decision and order on motion of this court dated November 6, 2003, as conditioned the grant of its motion to stay enforcement of the order upon the posting of an undertaking in the sum of $500,000 by a date certain.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the decision and order on motion of this court dated November 6, 2003, is amended to provide that the appellant's time to post the undertaking of $500,000 is extended until December 8, 2003, and the motion is otherwise denied.
RITTER, J.P., FLORIO, S. MILLER and McGINITY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5261
C/sl
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-06641 Christopher DiMare, et al., plaintiffs, v Christine O'Rourke, et al., defendants.
(Index No. 27500/00)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs, in effect, for leave to reargue or renew that branch of their prior motion which was for leave to appeal to this court from an order of the Supreme Court, Queens County, dated July 30, 2003, which motion was denied by decision and order on motion of this court dated August 26, 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.
SANTUCCI, J.P., FLORIO, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5291
O/sl
ANITA R. FLORIO, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-02111 Michael L. Eldridge, appellant, v State of New York, respondent. (Claim No. 103910)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Court of Claims, dated February 3, 2003, 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 relation 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 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.
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5085
V/
|
2003-05621 Gary Frenz, et al., appellants, v Sudhakar R. Mettu, etc., et al., respondents. (Index No. 4511/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 15, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5077
V/
|
2003-06798
Walter Gerken, et al., appellants, v V&V Landscaping, Inc., et al., respondents. (Index No. 407/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated July 2, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5095
V/
|
2003-07536
Glenrich Metals, Inc., respondent, v Jacob Goldberg & Son, Inc., et al., appellants. (Index No. 13668/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated July 2, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5336
E/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
|
2003-06519 Angelo Grigoli, respondent, v Thomas Passantino, appellant. (Index No. 11225/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated June 17, 2003, in effect, to amend so much of a decision and order on motion of this court dated September 26, 2003, as conditioned a stay of the retrial in the above-entitled action upon his perfection of the appeal on or before November 24, 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 the decision and order on motion of this court dated September 26, 2003, is amended by deleting from the decretal paragraphs thereof the date "November 24, 2003," and substituting therefor the date "January 29, 2004."
RITTER, J.P., FLORIO, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5292
Y/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-02599
Jean P. Huertas, et al., appellants, v Norman M. Harbinson, et al., respondents. (Index No. 11166/00)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated February 6, 2003, for failure to timely perfect the same.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5288
O/sl
GABRIEL M. KRAUSMAN, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-04936 Angelo Incorvaia, et al., plaintiffs-respondents, v Katonah-Lewisboro School District, respondent- appellant, Andron Construction Corp., defendant third-party plaintiff-appellant-respondent, Dameano G.C. Enterprises, Inc., et al., defendants-respondents; Tri-State Construction, Inc., et al., third-party defendants-respondents. (Index No. 04843/99)
| DECISION & ORDER ON MOTION |
Motion by the defendant-respondent Dameano G.C. Enterprises, Inc., to enlarge the record on an appeal from an order of the Supreme Court, Westchester County, entered April 24, 2003, to include the deposition testimony of a nonparty witness.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5078
V/
|
2003-04487
Interested Underwriters at Lloyd's, appellant, v Lily Flanagan's II, d/b/a Lily Flanagan's, et al., respondents. (Index No. 3811/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 2, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5302
O/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-04802 Jerrick Waterproofing Co., Inc., plaintiff- respondent, v Park Plaza Owners Corp., defendant third-party plaintiff-appellant; New York Surety Company, third-party defendant-respondent. (Index No. 25823/96)
| DECISION & ORDER ON MOTION |
Motion by Braverman & Associates, P.C., the attorneys for the defendant third-party plaintiff-appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Kings County, dated March 27, 2003, and to enlarge the time to perfect 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 granted, and Braverman & Associates, P.C., is relieved from representing the defendant third-party plaintiff-appellant with respect to the instant appeal; and it is further,
ORDERED that on or before January 5, 2004, Braverman & Associates, P.C., is directed to serve its 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 defendant third-party plaintiff-appellant without leave of the court, until the expiration of 30 days after service upon it of a copy of this decision and order; and it is further,
ORDERED that the defendant third-party plaintiff-appellant's time to perfect the appeal is extended until February 5, 2004.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5083
V/
|
2003-07149
Evan Kroner, et al., appellants, v James V. Rall, etc., et al., respondents. (Index No. 1346/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Rockland County, dated July 10, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5087
V/
|
2003-03932
Mary Suk-Ping Lau, appellant, v Jack P. Yee, etc., et al., respondents. (Index No. 24556/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5301
O/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-09788 Parviz Lavi, respondent, v Old Cedar Development Corp., appellant. (Index No. 29234/93)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated October 2, 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 denied.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5286
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
BARRY A. COZIER, JJ.
|
2003-08009 Elia Aly Lizza, et al., plaintiffs, v Aanitron Systems, Inc., et al., defendants, F&D Contractors, respondent; Genevieve Lane LoPresti, nonparty-appellant. (Index No. 20485/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered April 8, 2003, in effect, to amend so much of a prior decision and order on motion of this court dated October 3, 2003, as conditioned the grant of her motion to stay enforcement of stated portions of the order upon perfection of the appeal by October 30, 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 the decision and order on motion of this court dated October 3, 2003, is amended by deleting from the decretal paragraphs thereof the date "October 30, 2003," and substituting therefor the date "January 5, 2004."
ALTMAN, J.P., S. MILLER, GOLDSTEIN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5231
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-03552 Valerie A. Loretta, respondent, v DaimlerChrysler Corporation, appellant, et al., defendants.
(Index No. 9506/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge her time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, entered March 21, 2003.
Upon the papers filed in support of the motion and upon the stipulation of the parties, 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 29, 2003, and the respondent's brief must be served and filed on or before that date.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4778
C/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2003-00401 Veda McRae, respondent, v Sears, Roebuck and Co., appellant. (Index No. 2654/01)
| DECISION & ORDER ON MOTION |
Motion by the 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, Queens County, dated October 24, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied as academic in light of the determination of the appeal (see McRae v Sears, Roebuck and Co., ____________AD2d____________[December 1, 2003]).
RITTER, J.P., SMITH, KRAUSMAN, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5080
V/
|
2003-08239
Ana B. Nasser, respondent, v Glenn M. Seymour, appellant. (Index No. 3026/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 6, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5334
O/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-07773 Lorig Nercessian, respondent, v Chahe Nercessian, appellant. (Index No. 202396/00)
| DECISION & ORDER ON MOTION |
Appeal by Chahe Nercessian from an order of the Supreme Court, Nassau County, entered August 6, 2003. By order to show cause dated November 12, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled action for failure to comply with a scheduling order dated September 26, 2003, issued pursuant to 22 NYCRR 670.4(a). Application by the appellant to withdraw the appeal.
Now, on the court's own motion, the papers filed in support of the application, and the papers filed in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the order to show cause is denied as academic.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5086
V/
|
2003-06725
New York Hospital Medical Center of Queens, a/a/o George Holman, Baner Mendez Rodriguez, Hong Park, appellant, v Allstate Insurance Company, respondent. (Index No. 17231/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 7, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5320
T/sl
ANITA R. FLORIO, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-02483, 2003-04542, 2003-07181, 2003-07207 Mendel E. Ofman, appellant, v Martin Campos, et al, respondents. (Action No. 1) (Index No. 14119/00) Martin Campos, respondent, v Mendel E. Ofman, appellant. (Action No. 2) (Index No. 33007/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from four orders of the Supreme Court, Kings County, dated October 25, 2002 (Appellate Division Docket No. 2003-04542), March 4, 2003 (Appellate Division Docket No. 2003-02483), June 16, 2003 (Appellate Division Docket No. 2003-07181), and July 21, 2003 (Appellate Division Docket No. 2003-07207), respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeals from those portions of the orders dated June 16, 2003 (Appellate Division Docket No. 2003-07181), and July 21, 2003 (Appellate Division Docket No. 2003-07207), as denied reargument are dismissed as no appeal lies from those portions of an order denying reargument; and it is further,
ORDERED that the motion is granted, and the parties are directed to serve and file 10 copies of the record or appendix and their respective briefs; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the appeals from the orders dated October 25, 2002 (Appellate Division Docket No. 2003-04542), and March 4, 2003 (Appellate Division Docket No. 2003-02483), is enlarged until January 12, 2004.
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5322
T/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-00822 One Gateway Plaza, LLC, appellant, v Village of Port Chester, et al., respondents. (Index No. 17125/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered December 18, 2002.
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 it is further,
ORDERED that 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.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5234
C/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-08402 Olawunmi Oyebola, appellant, v Roman Makuch, et al., respondents. (Index No. 30633/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated July 10, 2003, on the ground that the appeal was not timely taken.
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
M5081
V/
|
2003-07758
Shawn K. Patrick, respondent, v Goutson Claudin, et al., appellants. (Index No. 13143/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 31, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5079
V/
|
2003-06152
Elain Rush, appellant, v Harvey M. Sklaver, respondent. (Index No. 10106/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 15, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5287
Y/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2003-03804, 2003-07679 Jessica Scazzuso, etc., et al., appellants, v Ferdi Ozdemir, et al., respondents, et al., defendants. (Index No. 23486/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to consolidate appeals from an order of the Supreme Court, Suffolk County, dated March 31, 2003, and a judgment of the same court entered June 3, 2003, and to enlarge the time to perfect the appeal from the order.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is for consolidation is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that the branch of the motion which is for an enlargement of time is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal from the order is enlarged until January 5, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5270
M/sl
|
2003-04780 Mazil Sewell, respondent, v New York City Transit Authority, appellant. (Index No. 8478/92)
| 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 April 4, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 12, 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
M5093
V/
|
2003-06777 Joseph Stanzione, appellant, v Enco Home Inspections, LLC, etc., respondent. (Index No. 1379/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Putnam County, dated June 10, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5276
S/sl
NANCY E. SMITH, J.P.
SONDRA MILLER
LEO F. McGINITY
ROBERT W. SCHMIDT, JJ.
|
2003-05059, 2003-05062 Sted Tenants Owners Corp., respondent, v Alphonso Chumpitaz, appellant, et al., defendants.
(Index No. 25056/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay his eviction from the subject premises pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated April 8, 2003, and April 10, 2003, respectively.
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 respondent's time to serve and file a brief is enlarged until January 5, 2004.
SMITH, J.P., S. MILLER, McGINITY and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5091
V/
|
2003-07749 Rosemarie A. Thomas, plaintiff-respondent, v Clarence G. Robinson, et al., defendants- respondents, Emily M. Scala, appellant. (Index No. 27623/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 17, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5279
Y/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-08159 Tasqueen Usman, et al., respondents, v Alexander's Rego Shopping Center, Inc., defendant, Central Parking Systems of New York, etc., appellant. (Index No. 16831/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated May 27, 2003, on the ground that the appeal was not timely taken.
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
M5171
C/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-09144 Daisy Holland Williams, et al., respondents, v New York City Transit Authority, et al., appellants. (Index No. 50312/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated August 8, 2003, on the ground that the appeal was not timely taken.
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., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5082
V/
|
2003-05655
In the Matter of Christian Blair, et al., respondents, v Westchester County Health Care Corporation, appellant. (Index No. 2639/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 23, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5306
O/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-01179, 2003-01181, 2003-01182 In the Matter of Salvatore C. (Anonymous). Administration for Children's Services, et al., respondents; Salvatore C. (Anonymous), et al., appellants. (Proceeding No. 1) (Docket No. N-00206-01) In the Matter of Salvatore C. (Anonymous). Administration for Children's Services, et al., respondents; Salvatore C. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket No. N-00206-01) In the Matter of Salvatore C. (Anonymous). Administration for Children's Services, et al., respondents; Salvatore C. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket No. N-01002-00)
| DECISION & ORDER ON MOTION |
Appeals by Salvatore C. from an order and judgment (one paper) of the Family Court, Richmond County, dated September 13, 2002, and two orders of the same court, both dated January 29, 2003. By order to show cause dated October 28, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling order dated September 4, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the appeals by Salvatore C. are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 4, 2003 (see 22 NYCRR 670.4[a][5]).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5059
V/
|
2003-03484 In the Matter of Thomas W. Douglass, etc., et al., respondents-appellants, v Peter J. Miller, et al., appellants-respondents. (Index No. 2965/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from an order of the Supreme Court, Orange County, dated March 31, 2003.
Upon the stipulation of the parties, dated September 25, 2003, it is
ORDERED that the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5268
M/sl
|
2003-04209 In the Matter of G & A Renovation & Restoration, Inc., petitioner, v New York State Commissioner of Labor, respondent.
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a special proceeding pursuant to Labor Law § 220.
ORDERED that the application is granted and the petitioner's time to perfect the proceeding by causing the original papers constituting the record on the proceeding to be filed in the office of the Clerk of this court (see 22 NYCRR 670.18[d]) and by serving and filing its brief on the proceeding is enlarged until December 18, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5272
Y/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-08044
In the Matter of Diane H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 1) In the Matter of Missy H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 2) In the Matter of Alexya H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 3) In the Matter of Jose H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 4) In the Matter of Matthew H. (Anonymous), Jr. Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 5) (Docket Nos. B-1344/03, B-1345/03, B-1346/03 B-1347/03, B-1348/03) In the Matter of John P. (Anonymous), et al., petitioners, v Administration for Children's Services, et al., respondents. (Proceeding No. 6) Docket Nos. V-1049/03, V-1050/03 V-2130/03, V-2131/03, V-2132/03
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant Matthew H. in proceedings before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Richmond County, dated August 22, 2003, and to grant the appellant 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 thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant Matthew H. on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before December 23, 2003, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant Matthew H. on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant Matthew H. to renew, on or before January 23, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant Matthew H. is interested in pursuing the appeal.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5084
V/
|
2003-05625
In the Matter of Hartford Accident & Indemnity Company, respondent, v Angela Perez, appellant. (Index No. 18053/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 2, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5177
C/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2001-03845 In the Matter of Nelson Marrero, respondent, v Rebecca Polis, appellant. (Docket No. V-2774-00)
| DECISION & ORDER ON MOTION |
Motion by the attorney for the respondent on an appeal from an order of the Family Court, Nassau County, dated March 30, 2001, to dismiss the appeal on the ground that it has been rendered academic.
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 it has been rendered academic, without costs or disbursements; and it is further,
ORDERED that on the court's own motion, Gail Jacobs, Esq., 47 Rose Avenue, Great Neck, New York, 11021, is relieved as the attorney for the respondent on the appeal; and it is further,
ORDERED that on the court's own motion, the stay of enforcement of the order dated March 30, 2001, granted by decision and order on motion of this court dated May 23, 2001, is vacated.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5244
C/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-07824 In the Matter of Lois Martin, appellant, v Sheldon Martin, respondent. (Docket No. V-0262/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, entered July 23, 2003, 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, with leave to renew on or before January 12, 2004, upon proper papers establishing that the appellant is entitled to poor person relief (see CPLR 1101).
FLORIO, J.P., SMITH, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5312
O/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-06618 In the Matter of Garrett L. Mc. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Cindy N. (Anonymous), appellant; Robin M. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Adrienne M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Cindy N. (Anonymous), appellant; Robin M. (Anonymous), respondent. (Proceeding No. 2) In the Matter of Jiordan M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Cindy N. (Anonymous), appellant; Robin M. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. B-816-03, B-818-03 B-820-03, B-822-03, B-823-03)
| DECISION & ORDER ON MOTION |
Appeal by Cindy N. from an order of the Family Court, Suffolk County, dated June 20, 2003. By order to show cause dated November 6, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 2, 2003, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in opposition to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated September 2, 2003, 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 January 5, 2004.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5254
M/sl
|
2003-03898 In the Matter of Stephen L. O'Brien, respondent, v Eliot Spitzer, etc., appellant. (Index No. 28900/02)
| 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, Suffolk County, dated April 17, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 22, 2003, 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
M5239
C/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-07407 In the Matter of Camille Rossi, petitioner- respondent, v Robert Rossi, appellant, et al., respondents. (Index No. 5387/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, entered July 18, 2003, as a poor person, and to waive the filing fee.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5289
T/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
LEO F. McGINITY
WILLIAM F. MASTRO, JJ.
|
2000-08572 The People, etc., respondent, v Maurice Battle, appellant. (Ind. No. 3115/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, rendered August 10, 2000, which was determined by decision and order of this court dated September 29, 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., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5278
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2001-07775 The People, etc., respondent, v Andrew Hilliard, appellant.
(Ind. No. 3468/99)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered August 9, 2001.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before February 4, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5275
Y/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2002-10527 The People, etc., respondent, v Michael King, appellant. (Ind. No. 1028/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to file less than nine copies of his brief on an appeal from a judgment of the Supreme Court, Queens County, rendered 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.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5277
Y/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-06901 The People, etc., respondent, v Von Knowlden, a/k/a Salim Abdul Malik, appellant. (Ind. No. 2864/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered June 30, 2003, 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 or relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the current status of foreclosure proceedings against the appellant's real estate in Brooklyn, and (3) the current value of all real estate owned by the appellant.
PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5284
Y/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
1999-02417 The People, etc., respondent, v Anthony C. Libardi, appellant. (Ind. No. 256/98 )
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered February 24, 1999.
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 appellant's supplemental pro se brief shall be served and filed on or before February 4, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5259
C/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2000-02458 The People, etc., respondent, v George Philips, appellant. (Ind. No. 3251/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 25, 2000.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; the appellant's time to serve and file his supplemental pro se brief is enlarged until January 26, 2004; the proposed supplemental pro se brief submitted by the appellant to this court for review is acceptable for filing.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5255
C/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2000-03865 The People, etc., respondent, v George Philips, appellant. (Ind. No. 3717/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to serve and file a supplemental pro se brief on an appeal from a judgment of the County Court, Nassau County, rendered April 10, 2000. Motion by the respondent, in effect, to vacate a decision and order on motion of this court dated May 15, 2003, which granted the appellant's motion for leave to serve and file a supplemental pro se brief.
Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is
ORDERED that the appellant's motion is granted; the appellant's time to serve and file his supplemental pro se brief is enlarged until January 26, 2004; the proposed supplemental pro se brief submitted by the appellant to this court for review is acceptable for filing; and it is further,
ORDERED that the respondent's motion is denied.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5280
Y/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
|
2002-05251, 2003-07990 The People, etc., respondent, v Alan Stumpf, Jr., appellant.
(Ind. Nos. 1303-00, 218-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant, inter alia, for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered July 18, 2002, as a poor person, for the assignment of counsel, and to consolidate that appeal with an appeal from a judgment of the same court, rendered May 24, 2002.
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 consolidate is granted to the extent that the appeals will be calendared together and shall be argued or submitted on the same day together, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branches of the motion which are to prosecute the appeal from the judgment rendered July 18, 2002, as a poor person and for the assignment of counsel are granted, and 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:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co. - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
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; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
02 A 4283
Mohawk Corr. Fac.
P.O. Box 8450
Rome, New York 13440