APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5951
CF/
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2003-10860 Mary Abbruzzese, respondent, v Town of Oyster Bay, appellant, et al., defendants. (Index No. 2942/95)
| 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 October 27, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M5980
E/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2002-10260 Bankers Trust, as Trustee for Walsh Securities, respondent, v Frank Thompson, a/k/a Frank L. Thompson, appellant. (Index No. 26555/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated September 19, 2002, for leave to reargue that branch of the respondent's cross motion which was to strike stated portions of the appellant's appendix on the ground that it contains material dehors the record, which was determined by decision and order on motion of this court dated October 28, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to comply with the decision and order on motion of this court dated October 28, 2003, is enlarged until January 14, 2004.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5950
CF/
|
2003-09686 Sarah Berman, respondent, v Mitchell Yeshaya Leibman, appellant. (Index No. 3326/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Rockland County, dated September 29, 2003.
Upon the stipulation of the parties, dated December 15, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6007
S/sl
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2003-04724
Robert Bollino, respondent, v Gary Hitzig, et al., appellants.
(Index No. 22913/99)
| ORDER ON APPLICATION |
Application by the appellant Seymour Handler pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated April 24, 2003.
ORDERED that the application is granted and the movant's reply brief shall be served and filed on or before January 12, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5915
E/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
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2002-11473, 2003-01639 Citibank, N.A., respondent, v Peter Plagakis, a/k/a Peter A. Plagakis, et al., defendants; John Bouzas, intervenor-appellant. (Index No. 7384/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Queens County, dated June 25, 2002, and February 11, 2003, inter alia, to strike the record.
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 strike pages 109 to 114 from the record is granted, and on or before January 8, 2004, the intervenor-appellant shall remove those pages from the copies of the record on file with the Clerk of the court and either replace them with copies of those pages that do not contain handwritten notations or serve and file a supplemental record that contains copies of those pages without the handwritten notations; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the court's own motion, on or before January 8, 2004, the appellant is directed to insert in the copies of his brief on file with this court the missing page references on pages 7 to 9 of his brief and to serve a corrected copy of the brief on the respondent; 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 February 9, 2004, and the respondent's brief must be served and filed on or before that date.
ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6044
J/sl
|
2003-06546 Sam Costanza, appellant, v Chananya Gold, et al., defendants; Kenneth B. Hawco, nonparty- respondent. (Index No. 41439/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 23, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 17, 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
M6014
E/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-07037 Marie L. Horsky, respondent, v 101 South 3rd Street Redevelopment Association, appellant.
(Index No. 13958/02)
| 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, Kings County, dated July 21, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5040
V/
|
2003-04346
Tuffazzal Hussain, appellant, v Rashaun Construction Corporation, defendant, Janes Methodist Church, respondent. (Index No. 22760/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated April 14, 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
M5954
CF/
|
2003-07404 Jackson Heights Care Center, LLC, appellant-respondent, v Cicero Velazquez Cicero & Associates, et al., respondents-appellants. (Index No. 397/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from an order of the Supreme Court, Westchester County, dated July 22, 2003.
Upon the stipulation of the parties, dated November 28, 2003, it is
ORDERED that the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5952
CF/
|
2003-08784 Robert Jacobs, appellant, v David Sabo, respondent. (Index No. 12419/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Richmond County, dated August 25, 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
M5959
CF/
|
2003-07417 Linda Kane, respondent, v Matthew Rudansky, appellant. (Index No. 17818/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated May 27, 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
M6005
S/sl
|
2003-03136
Nancy Kaplan, et al., appellants, v Incorporated Village of Lynbrook, respondent.
(Index No. 9753/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated March 21, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 7, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6043
J/sl
|
2003-06274 Robert Levy, appellant, v Waldbaum, Inc., respondent. (Index No. 7754/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated May 12, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 9, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5958
CF/
|
2003-07571 Frances C. McKay, respondent, v Cynthia McKay, et al., appellants. (Index No. 1155/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated July 30, 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
M6010
S/sl
|
2003-04994
Arthur Mitchell, respondent, v Seymour Handler, etc., et al., appellants.
(Index No. 7031/99)
| ORDER ON APPLICATION |
Application by the appellant Seymour Handler pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated April 28, 2003.
ORDERED that the application is granted and the movant's reply brief shall be served and filed on or before January 12, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6001
S/sl
|
2003-05664 Romella Ruano, appellant, v Village of Great Neck Plaza, respondent. (Index No. 5056/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 13, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 23, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6047
J/sl
|
2003-04160
Terry Santiago, et al., respondents, v John J. Lease, Inc., et al., defendants, John J. Lease Realtors, et al., appellants.
(Index No. 3179/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Orange County, dated April 1, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 16, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5955
CF/
|
2003-06296 Thermocor Kimmins, Inc., appellant, v Town of Warwick, respondent. (Index No. 1923/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated June 13, 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
M5956
CF/
|
2003-07776 Joseph Tuozzo, appellant, v Christine Tuozzo, respondent. (Index No. 2306/03)
| 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 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
M6002
S/sl
|
2003-05634, 2003-05979 Vacuum Instrument Corp., appellant, v EPM Company, et al., respondents. (Index No. 29645/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated May 15, 2003, and a judgment of the same court dated June 13, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until March 1, 2004, and the record or appendix on the appeals 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
M6046
J/sl
|
2003-05883 Wilson Vasquez, et al., respondents, v Skyline Construction & Restoration Corporation, appellant, et al., defendants. (Index No. 18968/00)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated June 9, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 15, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5983
V/
|
2003-03114
Venture I, Inc., a/a/o JP Morgan Chase Bank, appellant-respondent, v George Voutsinas, respondent-appellant, et al., respondents. (Index No. 13823/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Nassau County, dated March 3, 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6015
E/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-08308, 2003-10408 Lamont Wilson, etc., et al., plaintiffs-respondents, v Galicia Contracting & Restoration Corp., et al., defendants, Safway Steel Products, Inc., appellant.
(Index No. 11878/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the inquest on damages in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated June 18, 2003, and October 7, 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.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5861
M/mv
|
2003-08887, 2003-08890, 2003-08891, 2003-08893 In the Matter of Jordan Amir B. (Anonymous). Westchester County Department of Social Services, respondent; Larkeia B. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-114/02) In the Matter of Lafvorne Levi B. (Anonymous). Westchester County Department of Social Services, respondent; Larkeia B. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-136-01) In the Matter of Tamell Rashod B. (Anonymous). Westchester County Department of Social Services, respondent; Larkeia B. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-136-01) In the Matter of Lashawn Tajuana B. (Anonymous). Westchester County Department of Social Services, respondent; Larkeia B. (Anonymous), appellant. (Proceeding No. 4) (Docket No. B-135-01)
| SCHEDULING ORDER |
Appeals by Larkeia B. from four orders of the Family Court, Westchester County, all dated August 20, 2003. By decision and order on motion of this court dated December 10, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:
Anne R. Mueller, Esq.
222 Mamaroneck Avenue - Suite 104
White Plains, New York 10605
(914) 949-0777
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated December 10, 2003, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6045
J/sl
|
2003-04443 In the Matter of Buy Buy Baby, Inc., respondent, v L. Simon Corporation, appellant. (Index No. 14010/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated April 2, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 23, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4487
M/mv
|
2003-05370 In the Matter of Lillian C. (Anonymous). Administration for Children's Services, petitioner-respondent; Gary W. (Anonymous), appellant; Chonghiu C. (Anonymous), respondent. (Docket No. NA-7387-01)
| SCHEDULING ORDER |
Appeal by Gary W. from an order of the Family Court, Queens County, dated May 21, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 6, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6016
S/sl
GABRIEL M. KRAUSMAN, J.P.
LEO F. McGINITY
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2002-07632
In the Matter of Thomas Carvel, deceased. Thomas and Agnes Carvel Foundation, respondent; Pamela Carvel, et al., appellants-respondents, Robert M. Davis, et al., respondents-appellants, et al., respondents. (Index No. 3285/90)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated December 11, 2003, in the above-entitled matter is amended by deleting from the second decretal paragraph thereof the dates "December 26, 2003," and "December 29, 2003" and substituting therefor the dates "January 7, 2004," and "January 9, 2004," respectively.
KRAUSMAN, J.P., McGINITY, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5856
M/mv
|
2003-02214 In the Matter of Anthony Confort, respondent, v Janine Nicolai, a/k/a Janine Lynch, appellant. (Docket Nos. V-487-00, V-488-00)
| SCHEDULING ORDER |
Appeal by Janine Nicolai, a/k/a Janine Lynch from an order of the Family Court, Suffolk County, dated March 5, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated March 20, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until February 20, 2004.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5933
M/mv
|
2003-04499 In the Matter of Glenda DeAbreu, appellant, v Family Focus Adoption Services, respondent. (Docket No. V-899-02)
| SCHEDULING ORDER |
Appeal by Glenda DeAbreu from an order of the Family Court, Richmond County, dated March 19, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 19, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5817
S/sl
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2003-00491 In the Matter of Steven DePiazzy, et al., appellants, v Marlies Lakey, defendant third-party plaintiff-respondent, Walter Coleman, etc, et al., defendants-respondents; Richard C. Urban, third-party defendant-respondent. (Index No. 47/95)
| ORDER ON APPLICATION |
Application by the defendant-respondent Public Administrator of Suffolk County 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 Surrogate's Court, Suffolk County, dated November 22, 2002.
ORDERED that the application is granted and the brief deposited in the office of the Clerk of this court on December 17, 2003, on behalf of the defendant-respondent is accepted for filing; and it is further,
ORDERED that the appellants' time to serve and file a reply brief, if any, is enlarged until January 5, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5857
M/mv
|
2003-05338 In the Matter of Yevette Freeman, appellant, v Craig Freeman, respondent. (Docket No. O-10306/03)
| SCHEDULING ORDER |
Appeal by Yevette Freeman from an order of the Family Court, Kings County, dated June 13, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September 17, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until January 15, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5854
M/mv
|
2003-04556 In the Matter of Starcy G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; James G. (Anonymous), appellant; Joy-Ann G. (Anonymous), respondent-respondent. (Docket Nos. N-8564-02, N-8565-02)
| SCHEDULING ORDER |
Appeal by James G. from an order of the Family Court, Suffolk County, dated April 17, 2003. By decision and order on motion of this court dated December 12, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Amy Colvin, Esq.
Box 2091
Halesite, New York 11743
(631) 424-8495
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated December 12, 2003, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5934
M/mv
|
2003-01641 In the Matter of Mary S. Kravitz, respondent, v Jeffrey P. Kravitz, appellant. (Docket Nos. V-98-1718, V-98-1719, V-98-1720 V-98-1721, O-01-815)
| SCHEDULING ORDER |
Appeal by Jeffrey P. Kravitz from an order of the Family Court, Nassau County, dated January 8, 2003. The transcripts in the above-entitled appeal were received by the appellant on December 3, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that within 60 days of the date of this order, counsel for the appellant shall perfect the appeal or submit an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that assigned counsel is directed to provide copies of the transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that if the appeal has not been perfected or withdrawn within 60 days of the date of this order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5931
M/mv
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2003-01811 In the Matter of Robert David L. (Anonymous), Jr. Suffolk County Department of Social Services, respondent; Patricia W. (Anonymous), appellant. (Docket No. B-9597-02)
| SCHEDULING ORDER |
Appeal by Patricia W. from an order of the Family Court, Suffolk County, dated January 28, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 24, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that on or before January 30, 2004, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5833
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2003-00012 In the Matter of Kyle M. (Anonymous). Suffolk County Department of Social Services, respondent; Marielena M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ariel M. (Anonymous). Suffolk County Department of Social Services, respondent; Marielena M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Samantha M. (Anonymous). Suffolk County Department of Social Services, respondent; Marielena M. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Daniel M. (Anonymous). Suffolk County Department of Social Services, respondent; Marielena M. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. B-5786-02, B-5787-02, B-5788-02, B-5789-02)
| SCHEDULING ORDER |
Appeal by Marielena M. from an order of the Family Court, Suffolk County, dated November 12, 2002. By decision and order on motion of this court dated December 3, 2003, the following named attorney was assigned to prosecute the appeal:
Richard Herzfeld, Esq.
555 Fifth Ave - 17th Floor
New York, New York 10017
(212) 818-9019
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that on or before February 5, 2004, counsel for the appellant shall perfect the appeal or submit an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that assigned counsel is directed to provide copies of the transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that if the appeal has not been perfected or withdrawn on or before February 5, 2004, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed; and it is further,
ORDERED that the appellant's brief in the above-entitled appeal under Appellate Division Docket No. 2003-00012 shall include the points of argument responding to the appeal in the same proceeding pending in this court under Appellate Division Docket No. 2003-00316.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5835
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2003-00316 In the Matter of Kyle M. (Anonymous). Suffolk County Department of Social Services, appellant-respondent; Marielena M. (Anonymous), et al., respondents; Margaret T. (Anonymous), intervenor-respondent-appellant. (Proceeding No. 1) In the Matter of Ariel M. (Anonymous). Suffolk County Department of Social Services, appellant-respondent; Marielena M. (Anonymous), et al., respondents; Margaret T. (Anonymous), intervenor-respondent-appellant. (Proceeding No. 2) In the Matter of Samantha M. (Anonymous). Suffolk County Department of Social Services, appellant-respondent; Marielena M. (Anonymous), et al., respondents; Margaret T. (Anonymous), intervenor-respondent-appellant. (Proceeding No. 3) In the Matter of Daniel M. (Anonymous). Suffolk County Department of Social Services, appellant-respondent; Marielena M. (Anonymous), et al., respondents; Margaret T. (Anonymous), intervenor-respondent-appellant. (Proceeding No. 4) (Docket Nos. B-5786-02, B-5787-02, B-5788-02, B-5789-02)
| SCHEDULING ORDER |
Appeal and cross appeal from an order of the Family Court, Suffolk County, dated December 9, 2002. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated November 12, 2003, in the above-entitled proceedings is amended to provide that the time of the respondent Marielena M. to serve and file a brief in the above-entitled appeal is enlarged until February 5, 2004 ; and it is further,
ORDERED that the brief of the respondent Marielena M. in the above-entitled appeal under Appellate Division Docket No. 2003-00316 shall include the appellant's points of argument on the appeal in the same proceeding pending in this court under Appellate Division Docket No. 2003-00012.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5860
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2003-08566 In the Matter of Antoinette Pantoliano, respondent, v Wilfredo Rodriguez, appellant. (Docket No. F-0258/01)
| SCHEDULING ORDER |
Appeal by Wilfredo Rodriguez from an order of the Family Court, Richmond County, dated September 12, 2003. By decision and order of this court dated December 10, 2003, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6006
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2002-09955
In the Matter of Raymond Pesinkowski, petitioner-respondent, v Brookhaven Zoning Board of Appeals, appellant, Frank C. Trotta, et al., respondents. (Index No. 10532/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated July 22, 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
M5858
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2003-09348 In the Matter of Andrew R. (Anonymous). Department of Social Services, respondent; Ilmars R. (Anonymous), appellant. (Docket No. B-1996/03)
| SCHEDULING ORDER |
Appeal by Ilmars R. from an order of the Family Court, Orange County, dated August 27, 2003. By decision and order on motion of this court dated December 12, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Kenneth Bunting, Esq.
125 Dobbs Ferry Road
White Plains, New York 10607
(914) 682-8837
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated December 12, 2003, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5859
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2003-07790 In the Matter of Patricia Riccardi, respondent, v Francis Grixti, appellant. (Docket No. F-58-01)
| ORDER TO SHOW CAUSE |
Appeal by Francis Grixti from an order of the Family Court, Westchester County, dated August 4, 2003. By scheduling order dated September 22, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 22, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before January 5, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4007
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2003-02718 In the Matter of Abigail Roman, respondent, v Anthony Carnegie, appellant. (Docket No. F-100-01)
| SCHEDULING ORDER |
Appeal by Anthony Carnegie from an order of the Family Court, Suffolk County, dated March 3, 2003. The transcripts in the above-entitled proceeding were made available to the appellant in August 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that within 60 days of the date of this order, counsel for the appellant shall perfect the appeal or submit an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that the appellant is directed to provide copies of the transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when the appellant's brief is served upon those parties; and it is further,
ORDERED that if the appeal has not been perfected or withdrawn within 60 days of the date of this order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5853
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2003-03347 In the Matter of Patricia Rudy, et al., appellants, v Jennifer Mazzetti, respondent. (Docket Nos. G-861-02, G-862-02)
| SCHEDULING ORDER |
Appeal by Patricia Rudy and David Rudy from an order of the Family Court, Dutchess County, dated March 4, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated June 25, 2003, in the above-entitled proceeding is amended to provide that the law guardian's time to serve and file a brief in the above-entitled appeal is enlarged until January 2, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5957
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2003-08315 In the Matter of 21 Lizensky Corporation, respondent, v Yeshaiya Benjamin Spillman, appellant. (Index No. 5340/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Orange County, dated August 22, 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
M5851
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2003-07658 In the Matter of Helena W. (Anonymous). Administration for Children's Services, respondent; Avis W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Prince W. (Anonymous). Administration for Children's Services, respondent; Avis W. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Regene W. (Anonymous). Administration for Children's Services, respondent; Avis W. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-16825-00, B-16826-7-00)
| SCHEDULING ORDER |
Appeal by Avis W. from an order of the Family Court, Kings County, dated August 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 11, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5840
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A. GAIL PRUDENTI, P.J.
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2003-08253 The People, etc., plaintiff, v Juan Almestica, defendant. (Ind. No. 99-00271)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, dated July 11, 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.
A. GAIL PRUDENTI
Presiding Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5842
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A. GAIL PRUDENTI, P.J.
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2003-07830 The People, etc., plaintiff, v Nathaniel Franklin, defendant. (Ind. No. 4112/99)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 14, 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.
A. GAIL PRUDENTI
Presiding Justice