Invoice or legal notice from New York Law Journal, Aug

___________________ M'AV V' iRK LAW JOURNAL Thursday, August 12, 2004

z December 4, 2002, and cross motion by o

Court Decisions ■< the respondents to dismiss the appeal. CD o Upon the papers filed in support of the motion and the cross motion and S 1^ Second the papers filed in opposition thereto, it is ORDERED that the motion is granted: and it is further, C

o o o Department why the appeal should or should not be dismissed. MATTER OF KENNETH D. (1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be tran­ ORDERED that the parties or their attorneys are directed to show cause before this court why an order should (2) if there are such minutes, an affi­ davit or affirmation that the tran­ scripts have been received, and ORDERED that the appellants’ time to perfect the appeal is enlarged until August 31, 2004, and the record or o' "0 (ANONYMOUS). ADMINISTRATION FOR scribed for the appeals; or or should not be made and entered dis­ indicating the date received; or appendix on appeal and the appellants’ o missing the appeal in the above-entitled p. o> Ca5 APPELLATE CHILDRENS SERVICES, res, DELANO D. (ANONYMOUS), ap — Appeal by (2) if there are such minutes, an affi­ davit or affirmation that the tran­ proceeding for failure to comply with the scheduling order dated June 16, (3) if the transcripts have not been received, an affidavit or affirmation brief must be served and filed on or before that date; and it is further, ORDERED that the cross motion by CD Delano D. from an order of the Family scripts have been received, and stating that the order of this court O> Oi DIVISION Court, Queens County, dated May 12, 2004. By decision and order of this indicating the date received; or 2004, by each filing an affirmation or affi­ davit on that issue in the office of the dated July 27,2004, has been served upon the clerk of the court the respondents to dismiss the appeal is denied. 0 o o (3) if the transcripts have not been Clerk of this court and serving one copy RITTER, J.P., S. MILLER, GOLDSTEIN c court dated July 28, 2004those branch­ from which the appeals are taken, received, an affidavit or affirmation of the same on each other on or before es of the appellant’s motion which were for the assignment of counsel, free tran­ staling that the order of this court August 23, 2004; and it is further, the date thereof, and the date by which the transcripts are expected; and SPOLZINO, JJ., concur. 3 Continued from preceding page dated July 28, 2004, has been ORDERED that the Clerk of this court, By Krausman, J.P.; Luciano, Adams CD scripts, and the waiver of the filing fee or and Cozier, JJ. 3 served upon the clerk of the court or his designee, is directed to serve a were denied. Pursuant to §670.4(a) of from which the appeals are taken, (4) an affidavit or an affirmation and it is further, copy of this decision and order upon PEOPLE, ETC., res, v. IVAN MICHAEL the Rules of this court (22 NYCRR the date thereof, and the date by withdrawing the appeals; and it is ORDERED that the assigned counsel 670.4[a]), it is the parties or their attorneys. SUPHAL, a/k/a MICHAEL SUPHAL ap ~ shall prosecute the appeal expeditiously which the transcripts are expected; By Ritter, J.P.; Smith, Miller and Mas- further, Motion by the appellant pro se for ORDERED that ttie appeal in the or in accordance with any scheduling above-entitled proceeding shall be per­ tro, JJ. ORDERED that if none of the above leave to reargue an appeal from a judg­ order or orders issued pursuant to fected within 60 days after the receipt (4) an affidavit or an affirmation actions described in (1), (2), (3), or (4) ment of the Supreme Court, Kings §67O.4(a) of the rules of this court (22 SEIFERT, ETC. res, v. CITY OF NEW above, has been taken within 30 days of County, rendered May 7, 2001, which by the appellant of the transcripts of the withdrawing the appeals; and it is YORK, ap-def — Motion by the appel­ NYCRR 670.4[a]); and it Is further, minutes of the proceedings in the Family further, the date of this scheduling order, the was determined by decision, and order ORDERED that assigned counsel is lant for leave to reargue an appeal from Clerk of the court shall issue an order to of this court dated May 3, 2004. Court, and the appellant shall notify this ORDERED that if none of the above a judgment of the Supreme Court, Kings directed to serve a copy of this order court by letter of the date the tran­ all parties to the appeals to show cause Upon the papers filed in support of upon the clerk of the court from which actions described in (1), (2), (3), or (4) County, entered August 21, 2001, which scripts are received, or, in cases where why the appeals should or should not the motion and the papers filed in oppo­ above, has been taken within 30 days of was determined by decision and order ths appeal is taken. there are no minutes of proceedings to be dismissed. sition thereto, it is RITTER, J.P., S. MILLER, GOLDSTEIN. the date of this scheduling order, the of this court dated May 24, 2004, or, in be transcribed, within 60 days of the By Altman, J.P.; Miller, Krausman and ORDERED that the motion is denied. and SPOLZINO, JJ., concur. Clerk of the court shall issue an order to the alternative, for leave to appeal to date of this scheduling order; and it is Cozier, JJ. KRAUSMAN, J.P., LUCIANO, ADAMS all parties to the appeals to show cause the Court of Appeals from the decision By Ritter, J.P.; Miller, Goldstein and further, and COZIER, JJ.. concur. why the appeals should or should not and order of this court. Cross motion JOSEPH, d/b/a ALPINE MEADOWS Spolzino, JJ. ORDERED that within 30 days after be dismissed. by the respondents for the same relief By Miller, J.P.; Goldstein, Adams and EXCAVATING & TRUCKING, ap, v. MATTER OF ISIAH C. the date of this scheduling order, the or to enlarge their time to comply with Cozier, JJ. MATTER OF MOHAMMAD, res, v. lANNACE res — Motion by the appel­ (ANONYMOUS). SUFFOLK COUNTY appellant shall file in the office of the the provision of the decision and order lant for leave to reargue an appeal from BAJWA. res, v. SAIDA, INC., ap — Clerk of this court one of the following; MOHAMMAD, ap — Appeal by Abdul DEPARTMENT OF SOCIAL SERVICES, Qazi Mohammad from an order of the dated May 24, 2004, which directed a an order of the Supreme Court, Putnam Motions by Saida, Inc., on appeals from res, MICHAEL L. (ANONYMOUS), ap — (1) an affidavit or affirmation stating Family Court, Kings County, dated new trial unless the plaintiffs stipulate County, dated May 21, 2002, which was a judgmen.t of the Supreme Court. Kings Motion by the appellant pro se for that there are no minutes of the February 26, 2004. Pursuant to to reduce the verdict. determined by decision and order of County, entered September 12, 2002, an leave to prosecute an appeal from an Family Court proceeding to be tran­ §670.4(a)(2) of the rules of this court Upon the papers filed in support of this court dated April 12. 2004, or, in order of the same court dated May 1, order of the Family Court, Suffolk scribed for the appeal; or (.see 22 NYCRR 670.4[a}[2]). it is the motion and cross motion and the the alternative, for leave to appeal to 2003, and an amended judgment of the County, dated June 25, 2004, as a poor (2) if there are such minutes, an affi­ ORDERED that the appellant’s time to papers filed in opposition thereto, it is the Court of Appeals from the decision same court, entered May 18, 2004, (1) person, and for the assignment of coun­ davit or affirmation that the tran­ perfect the appeal by causing the origi­ ORDERED that the motion is denied: and order of this court. for leave to reargue the appeals from sel. script has been received, and nal papers constituting the record on and it is further, Upon the papers filed in support of the judgment entered September 12, Upon the papers filed in support of indicating the date that it was the appeal to be filed in the office of the ORDERED that the cross motion is the motion and the papers filed in oppo­ 2002, and the order dated May 1, 2003, the motion and the papers filed in oppo­ received; or Clerk of this court (see 22 NYCRR granted to the extent that the respon­ sition thereto, it is which were determined by decision sition thereto, it is 670.4[al(2D and by serving and filing dents’ time to comply with the provision ORDERED that the motion is denied, and order of this court dated April 12, ORDERED that the motion Is granted: (3) if the transcript has not been the appellant’s brief on the appeal is of the decision and order dated May 24, with $100 costs. 2004, or, in the alternative, for leave to and it is further, received, an affidavit or affirmation enlarged until September 3,2004. 2004, which directed anew trial unless ALTMAN, J.P.. S. MILLER, KRAUSMAN appeal to the Court of Appeals from the ORDERED that the appeal will be stating that it has been ordered and they stipulate to reduce the verdict, is and COZIER, JJ., concur. decision and order of this court, and heard on the original papers (including paid for, the date thereof and the MATTER OF SUFFOLK COUNTY enlarged until September 7,2004,\and (2) to stay enforcement of the amended date by which the transcript is DEPARTMENT OF SOCIAL SERVICES, MATTER OF SANTIAGO, ap, v. a certified transcript of the proceedings, the cross motion is otherwise denied. judgment entered May 18, 2004, pend­ expected; or o/b/o MARZOCCO, res, v. MAR20CC0. RITTER, J.P., SMITH, H. MILLER and IBRAHIM, res — Appeal by Osdila if any) and on the briefs of the appellant, ing hearing and determination of that the respondent, and the Law Guardian, if ap — Appeals by Robert Marzocco MASTRO, JJ., concur. Santiago from an order of the Family (4) an affidavit or an affirmation appeal and the motion for leave to rear­ from two orders of the Family Court, Court, Queens County, dated April 22, any. The parties are directed to file nine withdrawing the appeal; and it is By Santucci, J.P.; Krausman, ScUmidt gue or for leave to appeal to the Court Suffolk County, dated February 9, 2004. 2004. By decision and order of this copies of their respective briefs and to further, and Rivera, JJ. of Appeals. and April 23, 2004. By decision and court dated July 27, 2004, the following serve one copy on each other (22 ORDERED that if none of the above Upon the papers filed in support of order of this court dated July 28, 2004, MANNEY, ap, v. GE MEDICAL attorney was assigned as counsel on NYCRR 670.9[d][ll[ii]; Family Ct Act actions described in (1), (2). (3). or (4), the motions and the papers filed in those branches of the appellant’s SYSTEMS, res — Motion by the appel­ the appeal: §1116): and it is further, above, has been taken within 30 days of opposition thereto, it is motion which were for the assignment lant for leave to reargue an appeal from Lewis S. Calderon, Esq. ORDERED that the stenographer(s) the date of this scheduling order, the ORDERED that the motion for leave to of counsel, free transcripts, and the an order of the Supreme Court, Nassau 90-50 Parsons Blvd. Suite 405 and/or the transcription service(s) Clerk of the court shall issue an order to reargue or for leave to appeal to the waiver of the filing fee were denied. County, dated January 30, 2003, which Jamaica, New York 11432 is/are required promptly to make and all parties to the appeal to show cause (718) 883-1560 Court of Appeals is denied, with $100 certify two transcripts of the proceed­ Pursuant to §670.4(a) of the Rules of was determined by decision and order costs; and it is further, why the appeal should or. should not be this court (22 NYCRR 670.4(a]), it is of this court dated May 24. 2004, or, in Pursuant to §670.4(a) of the Rules of ings, if any, except for those minutes dismissed. ORDERED that on the court’s own ORDERED that the appeals in the the alternative, for leave to appeal to this court (22 NYCRR 670.4[a]), it is previously transcribed and certified (22 motion, the appeal from the amended MATTER OFNIKSON D. above-entitled proceeding shall be per­ the Court of Appeals from the decision ORDERED that the appeal in the NYCRR 671.9); in the case of stenogra­ judgment entered May 18, 2004, is dis­ (ANONYMOUS), ap — Appeal by fected within 60 days after the receipt and order of this court. above-entitled proceeding shall be per­ phers, both transcripts shall be filed missed, without costs or disbursements, Nikson D. from an order of the Family by the appellant of the transcripts of the Upon the papers filed in support of fected either within 60 days after the with the clerk of the Family Court, and on the ground that the issues raised on Court, Kings County, dated March 9, minutes of the proceedings in the Family the motion and the papers filed in oppo­ receipt by the assigned counsel of the the clerk of the Family Court shall fur­ that appeal are barred by the doctrine 2004. By decision and order of this Court, and the appellant shall notify this sition thereto, it is transcripts of the minutes of the pro­ of law of the case in light of this court’s nish one of such certified transcripts to ceedings in the Family Court, and the the appellant’s counsel, without charge; court dated July 28, 2004, the following court by letter of the date the tran­ ORDERED that the motion is denied. decision and order dated April 12, 2004 attorney was assigned as counsel on scripts are received, or, in cases where SANTUCCI, J.P., KRAUSMAN, SCHMIDT assigned counsel shall notify this court (see Hall u. Cucco, 5 AD3d 631); and it is in the case of transcription services, one by letter of the date the transcripts are transcript shall be filed with the clerk of the appeal: there are no minutes of proceedings to and RIVERA, JJ., concur. further, Carol Kahn, Esq. be transcribed, within 60 days of the received, or, in cases where there are no the Family Court and one transcript MATTER OF PRICE, ap, v. BESWICK, ORDERED that the motion to stay 225 Broadway-Suite 1515 date of this scheduling order; and it is minutes of proceedings to be tran­ enforcement of the amended judgment shall be delivered to the assigned coun­ res — Appeal by Patricia Price from an scribed, within 60 days of the date of New York, New York 10007 further, is denied as academic. sel. Assigned counsel is directed to pro­ (212)227-0206 order of the Family Court, Kings this scheduling order; and it is further, vide copies of said transcripts to ali of ORDERED that within 30 days after County, dated April 27, 2004. By deci­ . H. MILLER, J.P., GOLDSTEIN, ADAMS Pursuant to §670.4(a) of the Rules of the date of this scheduling order, the ORDERED that within 30 days after the other parties to the appeal, includ­ sion and order of this court dated July and COZIER. JJ.. concur this court (22 NYCRR 670.4[aD. it is appellant shall file in the office of the the date of this scheduling order, the ing the Law Guardian, if any, when coun­ ORDERED that the appeal in the 27, 2004, those branches of the appel­ assigned counsel shall file in the office MORRISON, pif-res-ap, v. SARAGOSSI sel serves the appellant's brief upon Clerk of this court one of the following; lant’s motion which were for the assign­ above-entitled proceeding shall be per­ of the Clerk of this court one of the fol­ res, LOOK ENTERTAINMENT LTD. T/A those parties; and it is further, fected either within 60 days after the (1) an affidavit or affirmation stating ment of counsel, free transcripts, and lowing: SHOW TIME CAF, def-res-ap; PARIATO, ORDERED that pursuant to Family receipt by the assigned counsel of the that there are no minutes of the the waiver of the filing fee were denied. ap-res — (ACTION NO. 1) PARLATO, ap- Family Court proceeding to be tran­ Pursuant to §670.4(a) of the Rules of (1) an affidavit or affirmation stating Court Act §1120 the following named transcripts of the minutes of the pro­ res, V. SARAGOSSI res, LOOK attorney is assigned as counsel to prose­ scribed for the appeals; or this court (22 NYCRR 670.4(aj), it is that there are no minutes of any ceedings in the Family Court, and the Family Court proceeding to be tran­ ENTERTAINMENT LTD., d/b/a SHOW cute the appeal: assigned counsel shall notify this court (2) if there are such minutes, an affi ­ ORDERED that the appeal in the TIME CAF, res-res — (ACTION NO. 2) above-entitled proceeding shall be per­ scribed for the appeal; or Noel C. Dillon, Esq. by letter of the date the transcripts are davit or affirmation that the tran­ MEDINA, plf, V. SARAGOSSI, ET AL., def 191 New York Avenue received, or, in cases where there are no fected within 60 days after the receipt (2) if there are such minutes, an affi­ — (ACTION NO. 3) DRELLOS, plf-ap-res, scripts have been received, and by the appellant of the transcripts of the Huntington, New York 11743 minutes of proceedings to be tran­ indicating the date received: or davit or affirmation that the tran- V. SARAGOSSI I nnif miniitPQ nf f-ho r.ri\<'£.aAir,r,c- c----- !!-. (631) 673-7555 scribed, within 60 davs of the datp of