APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5761
T/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-00675 Robin Arato, respondent, v Peter Anthony Arato, appellant. (Index No. 11760/93)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered November 20, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until January 16, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5734
M/sl
|
2003-04851 Efrain Cajamarca, etc., et al., appellants, v Interconex, Inc., defendant third-party plaintiff- respondent; Frank Naccari Construction Company, et al., third-party defendants-respondents. (Index No. 1577/00)
| ORDER ON APPLICATION |
Application by the defendant third-party 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, Westchester County, dated April 21, 2003.
ORDERED that the application is granted and the time of the defendant third-party plaintiff-respondent to serve and file a brief is enlarged until January 22, 2004, and that respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5766
M/sl
|
2003-04586
Citibank, N.A., appellant-respondent, v Patricia B. Walker, et al., defendants- respondents, Martin, Martin, and Woodard, LLP, et al., respondents-appellants. (Index No. 19232/02)
| ORDER ON APPLICATION |
Applications by the respondents-appellants and the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeals from an order of the Supreme Court, Kings County, dated August 15, 2003.
ORDERED that the applications are granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until January 16, 2004, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's 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 respective answering briefs, including its points of argument on the cross appeals, on or before February 17, 2004 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5752
M/sl
|
2003-04152 Stacy Condra, respondent, v Reckson Operating Partnership, L.P., et al., appellants, et al., defendants. (Index No. 7620/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated April 3, 2003.
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
M5815
S/sl
|
2003-06860 Antonio Cruz, respondent, v Long Island Rail Road Company, appellant. (Index No. 16038/00)
| 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, Queens County, dated July 15, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 26, 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
M5813
Y/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-04878
Joyce Delvito, appellant, v John Delvito, respondent. (Index No. 18740/01)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by the appellant's retained counsel for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Westchester County, entered May 20, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., SCHMIDT, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5797
E/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-10003, 2003-10004, 2003-10005, 2003-10006, 2003-10007, 2003-10008
Joan E. Evans, respondent, v Bret A. Evans, appellant.
(Index No. 28177/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of appeals from six orders of the Supreme Court, Suffolk County, all dated November 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.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5768
A/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
ANITA R. FLORIO
WILLIAM D. FRIEDMANN
HOWARD MILLER, JJ.
|
2001-09903 Perry Frankel, appellant, v Karyn Frankel, respondent; Schlissel, Ostrow, Karabatos, Poepplein & Taub, PLLC, nonparty- respondent.
(Index No. 12446/98)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered October 17, 2001, which was determined by decision and order of this court dated September 8, 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, with $100 costs.
PRUDENTI, P.J., ALTMAN, FLORIO, FRIEDMANN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5811
S/sl
|
2003-05930 Michael Stewart Frankel, respondent-appellant, v Samuel Hirsch, appellant-respondent. (Index No. 27608/98)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2), joined by the appellant-respondent, to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Queens County, dated June 13, 2003.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until March 2, 2004, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5819
T/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-09944 JLJ Enterprises, Inc., t/a Bethpage Townhouse Diner, plaintiff, v Richard Giacinto, et al., defendants. (Index No. 1262/02)
| DECISION & ORDER ON MOTION |
Motion by the defendants for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, 9th and 10th Judicial Districts, dated July 9, 2003, which affirmed a judgment of the Third District Court, Nassau County, entered October 1, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5806
Y/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-06079 Nicholas Joseph, respondent, v Hemlok Realty Corp., appellant. (Index No. 24200/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated June 10, 2003, to include a letter dated December 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.
SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5809
S/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-02473 M. Kaminsky, et al., appellants, v Cedric Wilson, respondent. (Index No. 18187/98)
| 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 October 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 a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the application is denied as academic.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5738
M/sl
|
2003-01404 Sha-Quan Phillips, etc., et al., appellants, v Wayne Fox, et al., respondents. (Index No. 19682/96)
| ORDER ON APPLICATION |
Application by the appellants to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated January 6, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 29, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5759
T/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2003-02060
Demetrio Pino, et al., plaintiffs, v Robert Martin Company, et al., defendants (and a third-party action). (Action No. 1) (Index No. 18733/99) Demetrio Pino, et al., plaintiffs-respondents, v Cali Services, Inc., defendant third-party plaintiff-appellant, Hahn Contracting Co., defendant third-party defendant-respondent; Micromold Products, Inc., third-party defendant-respondent. (Action No. 2) (Index No. 2200/01)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party plaintiff-appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered January 22, 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 it is further,
ORDERED that the defendant third-party plaintiff-appellant's time to perfect the appeal is enlarged until January 5, 2004, and the record or appendix on the appeal and the defendant third-party plaintiff-appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5745
T/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-05595, 2003-05596 April F. Ralls, appellant, v Geoffrey Q. Ralls, respondent. (Index No. 21609/91)
| DECISION & ORDER ON MOTION |
Appeals by Geoffrey Q. Ralls from two decisions of the Supreme Court, Westchester County, dated April 24, 2003, and May 16, 2003, respectively.
Now, on the court's own motion, it is
ORDERED that the appeals are dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5818
Y/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
MYRIAM J. ALTMAN
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2001-07927, 2002-00471 Zachary David Ruffing, etc., et al., plaintiffs, Candace Curtis, et al., appellants, v Union Carbide Corporation, et al., defendants, International Business Machines Corporation, respondent. (Index No. 4049/97)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue appeals from two orders of the Supreme Court, Westchester County, entered August 3, 2001, and December 6, 2001, respectively, which were 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 branch of the motion which is for leave to reargue is denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this court dated September 22, 2003, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
PRUDENTI, P.J., RITTER, ALTMAN, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5749
M/sl
|
2003-03371 Michael Tucker, et al., respondents-appellants, v A.M. Sutton Associates, et al., appellants- respondents. (Index No. 6165/00)
| 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 a judgment of the Supreme Court, Suffolk County, dated February 27, 2003.
ORDERED that the application is granted and the time of the appellants-respondents' to perfect the appeal is enlarged until February 12, 2004, and the joint record or joint appendix on the appeal and the brief of the appellants-respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5751
M/sl
|
2003-05174 Wells Fargo Bank Minnesota, N.A., etc., respondent, v Marilyn Matheson, appellant. (Index No. 3951/03)
| 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 May 12, 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
M5823
T/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2003-02120, 2003-09411 In the Matter of Lior A. (Anonymous), appellant. Commissioner of New York State Office of Mental Health, respondent; Dov A. (Anonymous), intervenor-appellant. (Index No. 1521/98)
| DECISION & ORDER ON MOTION |
Motions by the appellant pro se and the intervenor-appellant pro se on appeals from two orders of the County Court, Nassau County, dated December 2, 2002, and December 4, 2002, respectively, inter alia, to enlarge the time to perfect the appeals and 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 no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appeals are dismissed, without costs or disbursements, as the orders are not appealable (see CPL 330.20[21]); and it is further,
ORDERED that the motions are denied as academic.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5803
Y/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-03093 In the Matter of Samuel E. Dixon, etc., et al., appellants, v City of New York Department of Finance, respondent. (Index No. 10705/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated November 6, 2002, and to join additional parties as respondents.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until January 27, 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 no further enlargements of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5796
Y/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-03250 In the Matter of Incorporated Village of Poquott, et al., appellants; John Cahill, etc., et al., respondents. (Index No. 7359/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated February 24, 2003, inter alia, to vacate a stipulation of the parties pursuant to 22 NYCRR 670.8(d)(1) for an enlargement of time to serve and file respondents' briefs, and to strike the brief and appendix of the respondents Long Island Power Authority, Keyspan Energy Development Corp., Keyspan Energy, and Marketspan.
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, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5733
M/sl
|
2003-04508 In the Matter of Mastronardi Masons, petitioner, v Raymond Martinez, etc., respondent. (Index No. 1829/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Queens County, dated May 8, 2003.
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
M5798
Y/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-08487 In the Matter of Nassau County Department of Social Services, o/b/o Jane Zullo, respondent, v George Hom, appellant. (Docket No. F-3296/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated July 31, 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; and it is further,
ORDERED that on the court's own motion, the scheduling order dated October 22, 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 26, 2004.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5820
T/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2003-05268 In the Matter of New York City Transit Authority, appellant, v New York State Public Employment Relations Board, et al., respondents. (Index No. 45830/02)
| DECISION & ORDER ON MOTION |
Motion by New York State United Teachers for leave to file an amicus curiae brief on an appeal from a judgment of the Supreme Court, Kings County, dated May 8, 2003.
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 it is further,
ORDERED that the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before January 7, 2004; and it is further,
ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,
ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 10 days after service upon them of the amicus curiae brief.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5816
Y/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2002-07273 In the Matter of Marvin W. (Anonymous), appellant; Evelyn W. (Anonymous), respondent. (Index No. 1897/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to amend the decision and order of this court dated June 2, 2003, which determined an appeal from an order of the Supreme Court, Rockland County, dated June 19, 2002.
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., FLORIO, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5802
K/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-09172
In the Matter of Richard M. Weiner, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Richard M. Weiner, respondent.
| DECISION & ORDER ON MOTION |
Motion by the Grievance Committee for the Tenth Judicial District for an order (1) suspending the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(ii) and (iii), upon a finding that he is an immediate threat to the public interest based on his substantial admissions under oath and other uncontroverted evidence of professional misconduct and (2) authorizing the institution and prosecution of a disciplinary proceeding against him. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 21, 1961.
Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(ii) and (iii), the respondent is immediately suspended from the practice of law in the State of New York pending further order of this court; and it is further,
ORDERED that the respondent shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,
ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,
ORDERED that the Grievance Committee for the Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against the respondent based on the Grievance Committee's petition dated October 14, 2003, and it is further,
ORDERED that Robert P. Guido, Chief Counsel to the Grievance Committee for the Tenth Judicial District, North Shore Atrium II, 6900 Jericho Turnpike, Suite 102LL, Syosset, N.Y., 11791, is hereby appointed as attorney for the petitioner in that proceeding; and it is further,
ORDERED that within 10 days after service upon him of a copy of this decision and order on motion, the respondent shall serve an answer upon the petitioner and the Special Referee and shall file a copy of the same in the office of the Clerk of this court; and it is further,
ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable William C. Thompson, a retired Associate Justice of the Appellate Division, Second Judicial Department, c/o Ross & Hill, P.C., 16 Court Street, Suite 2403, Brooklyn, N.Y. 11201, as Special Referee, to hear and report expeditiously.
We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based on the following:
The respondent was retained by Ezekiel Gregg on October 10, 2000. Mr. Gregg wished to purchase a parcel of real property in South Carolina that was owned by his brother and in foreclosure. At his examination under oath on May 21, 2003, the respondent admitted that he never reduced the contract of sale to writing. He also admitted that he received $3,070 from Mr. Gregg as a down payment, which he deposited in his escrow account. He further admitted that, despite the fact that the transaction was never finalized because Mr. Gregg's brother could not obtain financing, he never returned the down payment to Mr. Gregg. Monthly statements for the respondent's escrow account revealed that the respondent failed to preserve the down payment, which was deposited into his escrow account on November 1, 2000. On October 31, 2002, the balance in that account was reduced to $1,863.59.
In January 1999, the respondent was retained by Marilyn Rucker in connection with a bankruptcy. When the bankruptcy proceeding was dismissed, he continued to represent her in connection with a mortgage forbearance agreement. The respondent contacted the law firm that represented the mortgage holder to work out the forbearance agreement. The respondent admitted under oath that he received a check in the amount of $6,000 from Ms. Rucker to offer the mortgage holder. He also admitted that he deposited the check in his escrow account in April 2001. He further admitted that, although the offer was rejected, he did not return the $6,000 to Ms. Rucker or contact her about it. Monthly statements for the respondent's escrow account revealed that the respondent failed to preserve Ms. Rucker's $6,000 and that the balance in that account was reduced to $1,863.59 on October 31, 2002.
The respondent represented Mattie Harris, late wife of the complainant Norman A. Harris, in connection with the drafting of a will and the refinancing of her home. When Mrs. Harris died on March 3, 2001, her only asset was the house, which was sold. At the closing on November 2, 2001, the respondent held $3,300 in escrow for the payment of a water bill and the conformance of a deck. He admitted under oath that he did not release the escrow when those two matters were resolved. He also admitted that on October 31, 2002, the balance in his escrow account was reduced to $1,863.59.
At his examination under oath, the respondent could not explain the discrepancy between the balance in his escrow account on October 31, 2002, and the amount he was supposed to be holding in that account. Moreover, he admitted that he did not keep the deposit slips for his escrow account, in violation of the Code of Professional Responsibility, and that he did not maintain a running balance for the account for the period from October 2000 to November 2002.
In view of the foregoing, the Grievance Committee contends that the respondent is guilty of professional misconduct immediately threatening the public interest and that his interim suspension from the practice of law is warranted.
The respondent opposes the Grievance Committee's motion while admitting that the foregoing facts are true and accurate. He asks the court to consider that he has taken steps to ensure that his escrow account complies with the Code of Professional Responsibility; that no clients were harmed as a result of his misconduct; that he depends on his law practice to support his family; that he is personally solvent; and that he does not have an alcohol, drug, or gambling problem; and that he has never knowingly misappropriated escrow funds for his own use.
Notwithstanding the corrective measures adopted by the respondent and his alleged lack of venality, he had made substantial admissions under oath that indicate an abdication of his fiduciary responsibilities.
Under the circumstances, the Grievance Committee's motion is granted; the respondent is immediately suspended from the practice of law, and the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against him.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5756
T/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2001-05968 The People, etc., respondent, v Dion Battey, appellant. (Ind. No. 2409/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 29, 2001.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until January 16, 2004, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5612
F/
SONDRA MILLER, J.
|
2003-07950 The People, etc., plaintiff, v David Behlin, defendant. (Ind. No. 2152/84)
| 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 June 23, 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.
SONDRA MILLER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5804
S/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
WILLIAM D. FRIEDMANN
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2002-02851, 2002-02852 The People, etc., respondent, Trevor Brown, appellant. (Ind. No. 4631/94, 5899/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, in effect, for leave to file a supplemental brief in the form submitted to the Clerk of this court.
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 supplemental pro se brief submitted to the Clerk of this court is accepted for filing; and it is further,
ORDERED that the respondent's time to serve and file a brief in response to the supplemental brief is enlarged until February 17, 2004.
FLORIO, J.P., S. MILLER, FRIEDMANN, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5744
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-10848 The People, etc., respondent, v Dennis Hunt, appellant. (Ind. No. 1073/03)
| DECISION & ORDER ON MOTION |
Appeal to this court from an order of the County Court, Nassau County, dated September 25, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, as the order dated September 25, 2003, is not appealable either by right or by permission (see CPL 450.10, 450.15).
ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5613
F/
SONDRA MILLER, J.
|
2003-09544 The People, etc., plaintiff, v Dimas Perez, defendant. (Ind. No. 44/98)
| 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 Supreme Court, Kings County, dated October 16, 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.
SONDRA MILLER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5762
Y/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-10620
The People, etc., plaintiff, v Jose Quinones, defendant.
(Ind. No. 1439/02)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered June 3, 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 relation thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5757
T/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2001-00477 The People, etc., respondent, v Maximo Sanchez, appellant. (Ind. No. 2572/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Suffolk County, rendered December 8, 2000.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until January 16, 2004, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk