APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6008
A/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2003-02156, 2003-05884 Eytan Agman, etc., et al., appellants-respondents, v American Trails West, respondent-appellant, University of Denver, respondent. (Index No. 376/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated February 10, 2003, and an appeal from an order of the same court dated June 11, 2003, to enlarge the record on appeal to include certain depositions.
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., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6087
CF/
|
2003-06966 Stephen B. Auerbach, respondent, v Samuel J. Klein, appellant. (Index No. 15391/02)
| 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 June 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M6129
CF/
|
2003-05955 Johnnie Boone, et al., appellants-respondents, v North Shore University Hospital at Forest Hills, et al., respondents; Dong Kim, respondent- appellant. (Index No. 18562/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Queens County, dated May 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ORDERED that the application is granted and the cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6093
CF/
|
2003-07786, 2003-07788 Whitney W. Budd, et al., appellants, v Morzilla Enterprises, Inc., et al., respondents. (Index No. 4661/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw appeals from two orders of the Supreme Court, Dutchess County, dated May 7, 2003 and July 14, 2003, respectively.
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 appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6121
CF/
|
2003-06259 Butta Enterprises, Inc., appellant, v Village of Ardsley Zoning Board of Appeals, respondent. (Index No. 21905/02)
| 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, Westchester County, dated June 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
M6088
C/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-03681 James Carter, appellant, v State of New York, respondent. (Claim No. 104374)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order and judgment (one paper) of the Court of Claims, dated April 21, 2003, to authorize this court to place a lien on his inmate account to secure payment of the filing fee, and to enlarge the time to perfect the appeal.
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 enlarge the time to perfect the appeal is granted; the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until March 3, 2004; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6114
Y/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-10244 Allen Yao-Hung Chang, et al., respondents, v SDI International, Inc., et al., appellants. (Index No. 12816/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated September 22, 2003, inter alia, to direct the Supreme Court, Queens County, to strike or hold in abeyance a motion of the respondents pending before that court on the ground that a decision and order on motion of this court dated October 24, 2003, issued under Appellate Division Docket Nos. 2003-02072, and 2003-05937, precludes determination of the motion pending before the Supreme Court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to seeking relief in the Supreme Court, Queens County.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6094
CF/
|
2003-07020 Robert L. Chapman, respondent, v Francis Mayo, et al., defendants, Steven Moskowitz, appellant. (Index No. 1694/00)
| 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 July 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
M6095
CF/
|
2003-07632 Robert L. Chapman, respondent, v Francis Mayo, et al., defendants, Steven Moskowitz, appellant. (Index No. 1694/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Putnam County, dated August 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
M6063
Y/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-08202
Cliff Connors, appellant, et al., plaintiff, v Michael K. J. Phillip, et al., respondents. (Index No. 25914/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from a report of a referee of the Supreme Court, Kings County, dated July 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 granted and the appeal is dismissed, without costs or disbursements, as no appeal lies from a report of a referee (see Matter of Adomoski, 7 AD2d 846).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6057
J/sl
|
2003-03556 Helen Contarino, et al, appellants, v North Shore University Hospital at Glen Cove, et al., respondents. (Index No. 14387/95)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on an appeal from an order of the Supreme Court, Nassau County, dated February 21, 2003.
ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until January 26, 2004, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6003
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-07937
Rosario Croce, etc., et al., plaintiffs-respondents, v Budget Rent-A-Car Corporation, et al., defendants-respondents, Manuel M. Chauca, appellant.
(Index No. 1192/01)
| 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, Queens County, dated August 15, 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.
ALTMAN, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6127
CF/
|
2003-08151 Damianos Realty Group, LLC, respondent, v Port Jefferson Orthopaedics, P.C., appellant. (Index No. 20602/98)
| 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 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
M6074
C/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-02962 Nicole Ficarra, etc., et al., plaintiffs-respondents, v Stuart Parker, defendants-respondents, County of Suffolk, et al., appellants. (Index No. 16233/94)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-respondents, in effect, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated March 4, 2003, on the ground that the record on appeal is incomplete, or to direct the appellants to serve and file a supplemental record on appeal containing the plaintiffs-respondents' memorandum of law, the deposition testimony of Stephen Nadramia, dated December 3, 1998, and certain preliminary conference orders, and to enlarge the time to serve and file a brief.
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 direct the appellants to serve and file a supplemental record is granted to the extent that on or before January 19, 2004, the appellants shall serve and file a supplemental record containing (1) the transcript of the deposition testimony of Stephen Nadramia, dated December 3, 1998, attached to the movants' motion papers as Exhibit C, and (2) the preliminary conference orders attached to the movants' motion papers as Exhibit D, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the movants' time to serve and file a brief is granted; the time of the movants to serve and file a brief is enlarged until February 18, 2004; and it is further,
ORDERED that the motion is otherwise denied.
KRAUSMAN, J.P., GOLDSTEIN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6062
C/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-02592, 2003-04717
First Franklin Square Associates, LLC, plaintiff- respondent, v Franklin Square Property Account, et al., defendants-respondents, Franklin Square 2001, LLC, et al., appellants. (Index No. 2611/02) 2003-05662 Town of Hempstead, respondent-appellant, et al., plaintiff, v Franklin Realty 710, LLC, et al., appellants-respondents. (Index No. 4475/03) 2003-06709 Payless Shoesource, Inc., appellant, v Franklin Realty 710, LLC, et al., respondents. (Index No. 5036/03)
| DECISION & ORDER ON MOTION |
Motion by Duane Reade, in effect, for leave to reargue that branch of a prior motion by the appellants which was to consolidate an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated February 6, 2003 (Appellate Division Docket No. 2003-02592) and an appeal and cross appeal from an amended order and judgment of the same court dated April 4, 2003 (Appellate Division Docket No. 2003-04717), with appeals and a cross appeal from an order of the same court entered May 20, 2003 (Appellate Division Docket No. 2003-05662) and an appeal from an order of the same court entered June 4, 2003 (Appellate Division Docket No. 2003-06709), which was determined by decision and order on motion of this court dated November 12, 2003, and to enlarge the time to perfect the appeals.
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 for leave to reargue is granted, and upon reargument, that branch of the motion which is to consolidate the appeals and cross appeals is granted; and it is further,
ORDERED that the parties shall serve and file 11 copies of the joint record or joint appendix on appeal and their respective briefs; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, and the appeals shall be perfected on or before January 26, 2004; the joint record or joint appendix on the appeals and the appellants'/appellants-respondents' respective briefs must be served and filed on or before that date; and it is further,
ORDERED that the briefs of the respondents-appellants and the respondents, and any reply briefs, shall be served and filed in accordance with the rules of this court (see 22 NYCRR 670.8[c]).
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6111
A/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-05692, 2003-05693 Patricia Flores, respondent, v Harry Flores, Jr., appellant. (Index No. 23232/02)
| DECISION & ORDER ON MOTION |
Appeals by Harry Flores, Jr., from two orders of the Supreme Court, Suffolk County, dated May 8, 2003, and May 16, 2003, respectively. 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated September 25, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 25, 2003 (see 22 NYCRR 670.4[a][5]).
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6109
M/sl
|
2003-04783 Maria Frangogiannis, plaintiff-respondent, v City of New York, et al., defendants, HHM Associates, Inc., appellant, Livlong Properties, et al., defendants-respondents. (Index No. 49538/99)
| 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 11, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 20, 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
M6055
J/sl
|
2003-05874 Guiseppe Iannucci, appellant, v Marcy Rose, et al., respondents. (Index No. 9930/01)
| 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 April 16, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 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
M6135
CF/
|
2003-08741, 2003-08742 Rocco Lagana, appellant, v Joy Frances Lagana, respondent. (Index No. 19366/95)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from an order and a judgment of the Supreme Court, Westchester County, both dated July 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 appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6124
CF/
|
2003-07047 Marino & Bernstein, respondent, v Paula Ottusch, appellant. (Index No. 25479/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a decision of the Supreme Court, Suffolk County, dated June 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
M6092
CF/
|
2003-07751 Michael Mezzatesta, appellant, v Michael J. Fracchia, etc., et al., respondents. (Index No. 18670/01)
| 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 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
M6115
C/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
WILLIAM D. FRIEDMANN
DANIEL F. LUCIANO, JJ.
|
2001-08156, 2001-08157, 2001-08158
Virginia Morton, et al., appellants, v Brookhaven Memorial Hospital, a/k/a Brookhaven Memorial Hospital Medical Center, et al., respondents. (Index No. 16619/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue stated portions of appeals from three orders of the Supreme Court, Suffolk County, dated January 23, 2001, March 7, 2001, and July 31, 2001, respectively, which were 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, with $100 costs.
FLORIO, J.P., S. MILLER, FRIEDMANN and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6126
CF/
|
2003-07184 Paula Nardi, respondent, v Marie G. Volpetti, et al., defendants, Javed Sadiq, et al., appellants. (Index No. 15481/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings 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
M6013
A/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2003-09003 Divine Fayez Olabi, et al., appellants, v James Mayfield, Jr., et al., respondents. (Index No. 18090/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated October 3, 2003, in effect, to amend a decision and order on motion of this court dated November 6, 2003, which, inter alia, conditioned a stay of all proceedings to evict them from the subject property pending hearing and determination of the appeal upon the perfection of the appeal on or before December 5, 2003, and to continue the stay. Cross motion by the respondents, inter alia, to vacate the stay on the ground that the appellants failed to perfect the appeal on or before December 5, 2003, in accordance with the decision and order on motion of this court dated November 6, 2003.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted and the stay granted by the decision and order on motion of this court dated November 6, 2003, is vacated.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6133
CF/
|
2003-06083 Javier Rodriguez, et al., appellants, v Jose L. Rodriguez, et al., respondents. (Index No. 12672/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 19, 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
M6119
CF/
|
2003-05842 Linda Rublowitz, et al., respondents, v City of New York, defendant, New York City Transit Authority, appellant. (Index No. 4511/00)
| 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 11, 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
M6070
A/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-07956 DECISION & ORDER ON MOTION Jonathan Schofield, etc., et al., respondents, v Westchester Estates, Inc., appellant. (Index No. 7058/00)
|
Motion by the respondents on an appeal from an order of the Supreme Court, Westchester County, entered July 13, 2003, to enlarge the record on appeal to include a certain deposition, and to enlarge their time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the record on appeal is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, and the respondents' brief must be served and filed on or before January 28, 2004.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6069
E/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-06656 Laverne Scurlock, et al., plaintiffs-respondents, v Eric Boston, et al., appellants; Albert Hicks, plaintiff-respondent on the counterclaim. (Index No. 989/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated June 2, 2003, pursuant to CPLR 5520(a), in effect, to enlarge the time to file an amended notice of appeal which has been served on all parties.
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 appellants' time to serve the notice of appeal dated July 18, 2003, which was timely filed, on the plaintiff-respondent on the counterclaim is enlarged until January 14, 2004; and it is further,
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
M6089
CF/
|
2003-03072 Squadron Partners, LLC, appellant, v Citibank, N.A., respondent. (Index No. 18733/02)
| 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 March 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
M6107
CF/
|
2003-04828 Squadron Partners, LLC, appellant, v Citibank, N.A., respondent. (Index No. 18733/02)
| 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 April 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
M6132
CF/
|
2003-09444 Janeen Sudaka-Karlsson, appellant, v Kent Karlsson, et al., respondents. (Index No. 19983/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, entered September 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
M6091
CF/
|
2003-06687 Lewis Tacktill, respondent, v Nicholia Greene, appellant. (Index No. 6510/99)
| 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 January 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
M6130
J/sl
|
2003-02994
Kathy Tun, respondent, v Rocky Aw, appellant.
(Index No. 5328/96)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Richmond County, dated March 27, 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
M5295
Y/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-04013 Carl Vigliarolo, et al., plaintiffs-appellants, v Sea Crest Construction Corporation, LLC, et al., defendants third-party plaintiffs-appellants; Pile Foundation Construction Co., Inc., third-party defendant-respondent. (Index No. 24711/99)
| DECISION & ORDER ON MOTION |
Separate motions by the defendants third-party plaintiffs-appellants and the plaintiffs-appellants to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, dated March 24, 2003, and to enlarge the record on appeal, to include the third-party defendant-respondent's order to show cause dated September 17, 2002, and all supporting papers, and the plaintiffs partial opposition thereto, attached as exhibits C and D to the instant motion papers.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the appeal by the plaintiffs-appellants is dismissed, without costs or disbursements, as they are not aggrieved by the order appealed from (see CPLR 5511); and it is further,
ORDERED that the plaintiffs-appellants motion is denied as academic; and it is further,
ORDERED that the motion by the defendants third-party plaintiffs-appellants is granted; and it is further,
ORDERED that the time of the defendants third-party plaintiffs-appellants to perfect the appeal is enlarged until February 13, 2004, and the record or appendix on the appeal, which may include the material attached as exhibits C and D to the instant motion papers, and their brief must be served and filed on or before that date.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6122
CF/
|
2003-08274 Irma Vollrath, appellant, v Hamlet of Chappaqua, et al., respondents. (Index No. 11460/01)
| 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 August 12, 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
M6134
CF/
|
2003-03289 Leroy Wallace, appellant, v Andrea N. Watson, respondent. (Index No. 111/01)
| 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 February 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
M6131
CF/
|
2003-06806 Wells Fargo Financial Leasing/AMG, respondent, v Elzee Business Systems, Inc., et al., defendants, Shaya Berger, appellant. (Index No. 3939/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated June 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
M6128
CF/
|
2003-03737 Westminster U.S.A., Ltd., appellant, v BKM Total Office, et al., respondents. (Index No. 19198/00)
| 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 March 26, 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
M6082
S/sl
|
2003-03377 Mirelle Zion, et al., appellants, v Carlotta Peters, respondent. (Index No. 17738/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 20, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 23, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6080
O/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-00108 In the Matter of Ch'Tara D. (Anonymous), appellant. (Docket No. D-07704/02)
| DECISION & ORDER ON MOTION |
Appeal by the juvenile from an order of the Family Court, Queens County, dated December 12, 2002. By order to show cause dated November 18, 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 as abandoned.
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed as abandoned, without costs or disbursements.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6068
C/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-07617 In the Matter of Ricky D. (Anonymous). Administration for Children's Services, respondent; Marguerite D. (Anonymous), appellant. (Docket No. N-02000/95)
| DECISION & ORDER ON MOTION |
Appeal by Marguerite D. from an order of the Family Court, Kings County, dated October 3, 2002. 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 appeal for failure to comply with a scheduling order dated September 5, 2003. Separate motion by the appellant for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the order to show cause and motion, and the papers filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed as academic, without costs or disbursements, as the order appealed from has expired; and it is further,
ORDERED that the order to show cause and the motion are denied as academic.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6059
A/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-03465 DECISION & ORDER ON MOTION In the Matter of Juda Construction, Ltd., et al., respondents, v John Spencer, etc., appellant. (Index No. 3215/03)
|
Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, entered April 11, 2003, to enlarge the record on appeal to include the record of a proceeding pursuant to CPLR article 78 filed in the Supreme Court, Westchester County, under Index No. 21643/02.
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
M6125
J/sl
|
2003-09623 In the Matter of Florian Lewenstein, petitioner, v New York State Department of Motor Vehicles, respondent. (Index No. 22353/02)
| 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 in a proceeding pursuant to CPLR Article 78 that was transferred to this court by an 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 12, 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
M6060
C/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-07865, 2003-07868
In the Matter of Robert F. Nappi, appellant, v Camille Asaro Nappi, respondent. (Docket No. F-02167-02)
| DECISION & ORDER ON MOTION |
Appeals by Robert F. Nappi from two orders of the Family Court, Queens County, dated March 25, 2003, and August 5, 2003, respectively. 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated September 24, 2003, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response 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 24, 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 appeals is enlarged until February 25, 2004.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6102
S/sl
|
2003-04799 In the Matter of Rosie Ramsey, appellant, v City of New York, et al., respondents. (Index No. 36630/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated March 14, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 26, 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
M6081
S/sl
|
2003-02971 In the Matter of Neil Robinson, respondent, v Plaro Estates, Inc., et al., appellants. (Index No. 6826/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated January 9, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 29, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6108
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-06605
In the Matter of Malika S. (Anonymous). Administration for Children's Services of the City of New York, appellant; Sandra S. (Anonymous), et al., respondents. (Docket No. N-17977-99/03A) In the Matter of Kahlil S. (Anonymous). Administration for Children's Services of the City of New York, appellant; Sandra S. (Anonymous), et al., respondents. (Docket No. N-17978-99/03A)
| DECISION & ORDER ON MOTION |
Motion by the respondent father, Zacharia S., on an appeal from an order of the Family Court, Kings County, dated July 25, 2003, for leave to reargue the appellant's prior motion to stay enforcement of so much of the order as granted him one hour of weekly unsupervised visitation with the subject children pending hearing and determination of the appeal, which was determined by decision and order on motion of this court dated August 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 as academic, as the appeal was withdrawn on December 5, 2003.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6049
J/sl
|
2003-11114 In the Matter of Dennis Saccone, petitioner, v Garden City Park Water/Fire District, respondent. (Index No. 5594/03)
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78, which was transferred to this court by order of the Supreme Court, Nassau County, dated June 3, 2003.
ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until January 20, 2004, and the record or appendix on the proceeding and the petitioner's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6085
O/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-09942 In the Matter of Yevgenia Shockome, petitioner, v Timothy E. Shockome, respondent. (Docket Nos. O-5362/02, V-5620/02, V-5621/02)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to appeal to this court from an order of the Family Court, Dutchess County, dated October 21, 2003, and to restore a temporary order of protection of the same court dated August 23, 2002, and cross motion by the respondent for poor person relief and the assignment of counsel.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that on the court's own motion, the appeal purportedly taken as of right from the order dated October 21, 2003, in the above-entitled proceeding is dismissed, without costs or disbursements; and it is further,
ORDERED that motion is otherwise denied as academic; and it is further,
ORDERED that the cross motion is denied as academic.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6112
Y/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-08822 Matter of Mihail Tutuianu, petitioner, v New York State, et al., respondents. (Index No. 24455/00)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court, Queens County, dated September 25, 2003, as a poor person, for the assignment of counsel, and for a waiver of 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 branch of the motion which is for leave to proceed on the original papers is granted, the proceeding will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 branch of th motion which is for a waiver of the filling fee is denied as unnecessary (see 22 NYCRR 670.22[a]); and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6110
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2001-03043 The People, etc., respondent, v Theodore Brown, appellant.
(Ind. No. 1332/98)
| 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 County Court, Suffolk County, rendered March 19, 2001, and to be provided with certain documents.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, to the extent that the appellant's supplemental pro se brief shall be served and filed on or before February 13, 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; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6075
E/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2000-01195 The People, etc., respondent, v Kareem Broxton, appellant. (Ind. No. 1351/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered January 19, 2000, in effect, for leave to serve and file a supplemental brief.
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
M6100
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-10849 The People, etc., respondent, v Andre Cartier, appellant. (Ind. No. 53743/82)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from an order of the County Court, Nassau County, entered October 14, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, as the order 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
M6118
CF/
|
2003-05041 The People, etc., respondent, v Victor Morales, Sr., appellant. (Ind. No. 6387/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Kings County, rendered May 30, 2003.
Upon the stipulation of the parties, dated December 18, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6096
CF/
|
2003-01074 The People, etc., respondent, v Joseph Jean Pierre, appellant. (Ind. No. 379/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Queens County, rendered December 9, 2002.
Upon the stipulation of the parties, dated December 19, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6051
Y/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2000-11592 The People, etc., respondent, v Oscar Rhodes, appellant. (Ind. No. 2911/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file exhibits to an additional brief adding issues to his supplemental pro se brief on an appeal from a judgment of the Supreme Court, County, rendered December 4, 2000.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6086
S/sl
|
2002-05770 The People, etc., respondent, v Babatunde Shodunke, appellant. (Ind. No. 10479/99)
| ORDER ON APPLICATION |
Application by the appellant pro se pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered June 10, 2002.
ORDERED that the application is granted and the appellant's time to serve and file a supplemental pro se brief is enlarged until January 26, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6065
S/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-10562 The People, etc., ex rel. Alfonso Springer, petitioner, v Michael Griambruno, etc., respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.
Upon the papers filed in support of the application 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 in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).
The allegations of merit contained in the petitioner's affidavit in support of the motion fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk