APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8612

L/

2003-06429 Barbara H. Adelhardt, etc., et al., respondents, v Amr Aly, et al., appellants. (Index No. 011768/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Nassau County, dated August 29, 2003.

Upon the stipulation of the parties, dated February 3, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8626

L/

2003-11288, 2003-11289 Advertising Works, Inc., appellant, v Diane C. Baumert-Moyik, et al., respondents. (Index No. 14827/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from two orders of the Supreme Court, Suffolk County, dated October 27, 2003, and November 20, 2003, respectively.

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ORDERED that the application is granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8618

L/

2003-09506 Mark Bartosik, respondent, v Michael Larkin Enterprises, Inc., defendant, Michael Larkin, et al., appellants. (Index No. 15769/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 10, 2003.

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ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8592

S/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2002-05869, 2003-01585, 2003-06234 Alvin Berry, appellant, v Aquila Realty Co., Inc., et al., respondents. (Index No. 12288/00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated January 30, 2004, in the above-entitled case is amended by deleting from the caption thereof Index No. "25752/00", and substituting therefor Index No. "12288/00".

PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8610

L/

2003-05977 Kevin Bloom, appellant, v Joseph Scalfani, Jr., et al., respondents. (Index No. 8083/02)

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 May 19, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8634

L/

2003-08161 Anna Boodoo, et al., appellants, v Mungo One, Inc., et al., respondents. (Index No. 28006/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 5, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8590

J/sl

2003-08272 Brittany Braswell, etc., et al., appellants, v Lisa M. Schaffler, et al., respondents. (Index No. 2343/01)

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, Westchester County, entered May 6, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 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

M8623

L/

2003-06888 Nathan Brown, respondent, v Associated Restaurant Holdings, Inc., et al., defendants, 80-02 Residential Development Corp., et al., appellants. (Index No. 24343/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 19, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8580

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-11152 Danita V. Cade, appellant, v New York Community Bank, etc., et al., respondents. (Index No. 22260/02)

DECISION & ORDER ON MOTION

Motion by the respondents Winston Apartment Corporation and Goldstein & Greenlaw, LLP, on an appeal from an order of the Supreme Court, Queens County, dated November 20, 2003, to vacate a decision and order on motion of this court dated February 2, 2004, which stayed enforcement of the order and stayed a foreclosure sale of the appellant's shares of stock in the subject cooperative apartment, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied on condition that on or before March 12, 2004, the appellant pays the respondents the sum of $6,036.63 in maintenance arrears and continues to make future maintenance payments in accordance with the order of the Supreme Court, Queens County, dated August 8, 2003; and it is further,

ORDERED that in the event the appellant fails to make all such outstanding payments on or before March 12, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

RITTER, J.P., SANTUCCI, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8555

M/mv

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

STEPHEN G. CRANE, JJ.

2003-07723 Gregory R. Canonico, respondent, v Beechmont Bus Service, Inc., et al., appellants. (Docket No. 7078/00)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Westchester County, dated July 30, 2003.

On the court's own motion, it is

ORDERED that the above-entitled appeal under Appellate Division Docket No. 2003-07723 is dismissed, without costs or disbursements, as it is a duplicate of the appeal taken under Appellate Division Docket No. 2003-07719, which was perfected on February 26, 2004.

RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8637

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-02682 Joanna D'Angelo, respondent, v Joseph C. Jarkovsky, et al., appellants. (Index No. 32555/01)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 24, 2003.

Upon the stipulation of the attorneys for the respective parties, dated February 23, 2004, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8632

L/

2003-10610 Jean DeJean, respondent, v Michael Savino, appellant. (Index No. 32783/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated August 25, 2003.

Upon the stipulation of the parties, dated January 5, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8570

L/

2004-00059 Michelle Derrell, respondent, v All Type Siding & Roofing, Inc., et al., appellants. (Index No.28237/02)

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 October 30, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8579

C/sl

GLORIA GOLDSTEIN, J.P.

HOWARD MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2002-10799, 2003-00444 Francisco Fernandes, et al., respondents, v John Lawrence, et al., appellants, et al., defendants. (Index No. 29541/00)

DECISION & ORDER ON MOTION

Motion by the respondents to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated October 21, 2002, and November 19, 2002, respectively.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending the hearing and determination of the appeals.

GOLDSTEIN, J.P., H. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8625

L/

2003-09519 Anna Florio, plaintiff-respondent, v Saul Lerner Management Corporation, et al., appellants, 110 Maintenance Corporation, defendant-respondent. (Index No. 11796/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 27, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8636

L/

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

WILLIAM F. MASTRO, JJ.

2003-05257 Bruce Foss, respondent, v John Corbisiero, et al., appellants. (Index No. 5441/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 13, 2003.

Upon the stipulation of the attorneys for the respective parties, dated February 24, 2004, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

SANTUCCI, J.P., FLORIO, SCHMIDT and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8616

L/

2003-10964 Mary Gainey, respondent, v New York City Transit Authority, appellant. (Index No. 20063/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, entered November 7, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8641

Y/sl

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-03401 Home Surplus of Brooklyn, Inc., respondent, v Home Surplus, Inc., et al., defendants; Boris Schvartsman, et al., nonparty-appellants. (Index No. 18516/00)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellants Oleg Agrachov and Thomas Agrachov for leave to reargue an appeal from an amended order of the Supreme Court, Kings County, dated February 27, 2003, which was determined by decision and order of this court dated January 12, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and to stay enforcement of the decision and order of this court pending determination of the motion and any appeal to the Court of Appeals.

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.

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8635

L/

2003-09145 Innovative Construction Concepts, Inc., respondent, v 842 Manhattan Avenue Corporation, appellant. (Index No. 15482/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 10, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8606

L/

2003-07816 Leroy James, et al., respondents, v Ice Marketing Corporation, et al., appellants. (Index No. 44972/01)

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 July 10, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8615

O/sl

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2001-09939, 2003-04737, 2003-07133 Joyce Kwiecinski, appellant, v Sea Breeze II Condominium Association, et al., respondents. (Index No. 1595/98)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Supreme Court, Nassau County, dated October 16, 2001, April 25, 2003, and September 11, 2003, respectively, to recall and vacate a decision and order of this court dated September 16, 2002, which dismissed the appeal from the order dated October 16, 2001, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]), to reinstate that appeal, to enlarge the time to perfect the appeals, to consolidate the appeals, and to stay the trial in the action.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the orders dated April 25, 2003, and September 11, 2003, respectively, is granted; and it is further,

ORDERED that the appellant's time to perfect the appeals from the orders dated April 25, 2003, and September 11, 2003, is enlarged until April 22, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated April 25, 2003, and September 11, 2003, is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8572

C/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2003-04702 John Langan, etc., et al., respondents, v St. Vincent's Hospital of New York, appellant. (Index No. 11618/02)

DECISION & ORDER ON MOTION

Motion by the Attorney-General of the State of New York for leave to file an amicus curiae brief on an appeal from an order of the Supreme Court, Nassau County, entered April 17, 2003. Separate motion by the Association of the Bar of the City of New York, the New York County Bar Association, the Women's Bar Association of the State of New York, and the American Academy of Matrimonial Lawyers-New York Chapter, for the same relief.

Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is

ORDERED that the motions are granted; and it is further,

ORDERED that the respective amicus curiae briefs of the Attorney-General of the State of New York, and the Association of the Bar of the City of New York, the New York County Bar Association, the Women's Bar Association of the State of New York, and the American Academy of Matrimonial Lawyers-New York Chapter, must be served on the parties, and nine copies filed in this court on or before March 15, 2004; and it is further,

ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,

 ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 20 days after service upon them of the amicus curiae brief.

SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8604

L/

2003-09188 Lenore Lewis, respondent, v Richmond Elevator Company, Inc., appellant. (Index No. 14003/00)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Richmond County, dated September 4, 2003.

Upon the stipulation of the parties, dated February 5, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8630

L/

2003-08839 Rona Lupo, et al., appellants, v Jacob Anteby, et al., respondents. (Index No. 18732/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, entered September 5, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8629

L/

2003-09042 Mi Ja Lee, appellant, v Paul K. Glicksman, et al., respondents. (Index No. 23011/01)

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 August 21, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8578

S/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

SONDRA MILLER

DANIEL F. LUCIANO, JJ.

2001-07484, 2001-07486, 2001-07487, 2001-07488, 2001-07489, 2002-01777 Daniel Miele, etc., appellant, v American Tobacco Company, et al., respondents, et al., defendants. (Index No. 019125/97)

DECISION & ORDER ON MOTION

Motion by the respondents Lorillard Tobacco Company, R.J. Reynolds Tobacco Company, and Brown & Williamson Tobacco Company, individually, and as successor by merger to the American Tobacco Company, for leave to reargue appeals from six orders of the Supreme Court, Nassau County, all dated June 29, 2001, which were determined by decision and order of this court dated December 29, 2003, and separate motion by the same respondents for leave to appeal to the Court of Appeals from the decision and order of this court dated December 29, 2003. Motion by the respondent Philip Morris USA, Inc., to recall and vacate the decision and order of this court dated December 29, 2003, on the ground that the plaintiff, Daniel Miele, died during the pendency of the appeal.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the motions are held in abeyance pending substitution of a representation for the now deceased plaintiff pursuant to CPLR 1015(a). The representative for the deceased plaintiff is directed to move to be substituted for the deceased plaintiff with all reasonable speed (see CPLR 1021).

PRUDENTI, P.J., ALTMAN, S. MILLER and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8605

L/

2003-07707 Brian Minsky, et al., respondents, v Lynn A. Rumsey, et al., appellants, et al., defendant. (Index No. 1557/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 29, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8546

C/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

STEPHEN G. CRANE, JJ.

2003-11346 Kathryn Montalbano, et al., respondents, v Craig Shalmi, etc., et al., defendants, Good Samaritan Hospital Medical Center, appellant. (Index No. 17857/01)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the enforcement of stated portions of an order of the Supreme Court, Suffolk County, dated November 21, 2003, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeal is dismissed, as no appeal lies from an order denying a motion to vacate an unsigned transcript of an oral decision (see Hincapies v New York City Tr. Auth., 1 AD3d 561); and it is further,

ORDERED that the motion is denied as academic.

RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8620

L/

2003-08574 Stacy L. Montesano, respondent, v Anthony V. Montesano, appellant. (Index No. 29203/94 )

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated July 10, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8602

L/

2003-07691 Brian O'Connor, respondent, v Dashron Realty Corp.,et al., appellants. (Index No. 19800/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant A.M. Electric Corp. of New York, to withdraw its appeal from an order of the Supreme Court, Queens County, dated July 15, 2003.

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 application is granted and the appeal by the appellant A.M. Electric Corp. of New York, is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8627

L/

2003-08294 Audwin Pavrette, respondent, v James Paul, defendant, Emeka Onubogu, et al., appellants. (Index No. 30664/99)

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 August 6, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8622

L/

2003-08447 Lawrence Pucciarelli, et al., respondents, v Vincent Modica, et al., appellants. (Index No. 48604/99 )

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated August 28, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8607

O/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-00704 Reliance Insurance Company of New York, et al., appellants, v American Bankers Insurance Company of Florida, et al., respondents, et al., defendants. (Index No. 11979/96)

DECISION & ORDER ON MOTION

Motion by Adam G. Silverstein and Carl Anthony Maio, attorneys in good standing in the State of Pennsylvania, to be admitted pro hac vice to represent the respondent American Bankers Insurance Company of Florida on an appeal from an order of the Supreme Court, Richmond County, dated December 5, 2002.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted.

SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8567

C/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2004-00471 Diana Rossani, et al., respondents, v Mohammed Rana, appellant. (Index No. 31240/01)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Kings County, dated November 17, 2003, and to stay the retrial in the above-entitled action pending the hearing and determination of the appeal.

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 for leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to stay the retrial in the above-entitled action is granted, and the retrial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 2, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 2, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8300

S/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-02930 Maria Salimeni, appellant, v Joseph Arpino, et al., respondents, et al., defendants. (Index No. 30143/02)

DECISION & ORDER ON MOTION

The plaintiff having appealed to this court from an order of the Supreme Court, Kings County, dated February 27, 2003, and having perfected the appeal on June 13, 2003, the respondents having filed a brief on July 28, 2003, and the appellant having filed a reply brief on August 12, 2003, the matter was placed on this court's calendar for January 13, 2004. By letter dated January 6, 2004, counsel for the appellant notified this court that a stipulation withdrawing the appeal was being submitted. The attached stipulation was dated October 9, 2003. By order to show cause dated January 22, 2004, the parties or their counsel were directed to show cause why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate.

Now on the court's own motion, and upon the papers filed in opposition thereto, it is

ORDERED that within 20 days after the service upon it of a copy of this decision and order on motion, the law firm of Borchert, Genovesi, LaSpina & Landicino, P.C., counsel for the appellant, is directed to pay a sanction in the sum of $750 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]); and it is further,

ORDERED that the Clerk of the Supreme Court, Kings County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail.

Section 670.2(g) of the rules of this court provides, in relevant part, that "if any issues [on an appeal] are wholly or partially rendered moot * * * the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).

Under the circumstances, the failure to promptly advise this court that as a result of an order of the Supreme Court, Kings County, dated October 1, 2003, the issues on the appeal had been rendered moot, warrants the imposition of a sanction in the amount indicated.

RITTER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8526

E/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

STEPHEN G. CRANE, JJ.

2004-01332 Dale Rebecca Schiffer, respondent, v Todd Jay Schiffer, appellant, et al., defendants. (Index No. 2795/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, dated January 28, 2004, to stay enforcement of so much of the judgment as awarded the respondent an attorney's fee in the sum of $145,000, child support, and maintenance pending hearing and determination of the appeal, and to dispense with the printing of certain exhibits.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that (1) the branch of the motion which is to stay enforcement of so much of the judgment as awarded the respondent child support and maintenance is granted and enforcement of those provisions are stayed pending hearing and determination of the appeal on condition that pending hearing and determination of the appeal the appellant pay to the respondent the sum of $5,000 per month in unallocated child support and maintenance, (2) the branch of the motion which is to stay enforcement of so much of the judgment as awarded the respondent an attorney's fee is granted to the extent that the appellant's obligation to pay $95,000 of the $145,000 attorney's fee is stayed pending the hearing and determination of the appeal and that branch of the motion is otherwise denied; and it is further,

ORDERED that the appellant shall pay the remaining balance of the attorney's fee in the sum of $50,000 on or before May 3, 2004; and it is further,

 ORDERED that the above referenced stays are conditioned on the appellant perfecting the appeal on or before April 19, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 19, 2004, or if the appellant fails to pay to the respondent the sum of $5000 per month in unallocated child support and maintenance, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondent shall serve and file its brief on or before May 10, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the appellant shall serve and file its reply brief on or before May 17, 2004, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8603

L/

2003-06402 Sung Min Kim, et al., respondents, v Spring 59 Associates, LLC, et al., defendants, C.M.P. Refrigeration & Equipment, Inc., et al., appellants. (Index No. 20463/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 6, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8633

L/

2003-10800 Lucero Tamayo, plaintiff-respondent, v Donald W. Leo, defendant third-party plaintiff-appellant; Juan Ramos, third- party defendant-respondent. (Index No. 22404/00)

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 October 9, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8591

J/sl

2003-08162 Fania Timlichman, appellant, v Pierre DeJean, et al., respondents. (Index No. 27362/00)

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, Queens County, dated August 26, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 7, 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

M8628

L/

2003-09433 Ventresca Realty Corporation, appellant, v Houlihan Parnes Corporation n/k/a, 455 Central Corporation, respondent. (Index No. 8051/01)

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 September 8, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8639

S/sl

2003-06811 Joseph Verboys, et al., respondents, v Lydia Cotz, et al., appellants. (Index No. 5060/01)

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, Rockland County, entered July 22, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 29, 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

M8586

C/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

THOMAS A. ADAMS

WILLIAM F. MASTRO, JJ.

2003-02136 Jory Vinikour, appellant, v Jamaica Hospital, respondent, et al., defendants. (Index No. 856/85)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated January 13, 2003, which was determined by decision and order of this court dated December 8, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

ALTMAN, J.P., SMITH, ADAMS and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8631

L/

2003-07916 William Walsh, Jr., respondent, v Long Island Lighting Company, appellant, et al., defendants. (Index No. 20060/92)

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 May 22, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8594

S/sl

2003-05936 Melvyn I. Weiss, et al., appellants, v Polymer Plastics Corporation, et al., respondents. (Index No. 19550/99)

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, Nassau County, dated May 16, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 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

M8609

L/

2003-07435 Esther York, appellant, v Joseph York, respondent. (Index No. 11853/98)

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 August 12, 2003.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8583

C/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-01583 In the Matter of Lisa A. (Anonymous). St. Vincent's Services, respondent; Lesley M.A. (Anonymous), appellant. (Docket No. B-3643/01)

DECISION & ORDER ON MOTION

Motion by Lesley M.A., in effect, inter alia, to recall and vacate a decision and order on motion of this court dated January 27, 2004, which dismissed an appeal from an order of the Family Court, Queens County, dated February 14, 2003, in the above-entitled proceeding, for failure to comply with a scheduling order dated August 8, 2003, issued pursuant to 22 NYCRR 670.4(a), to reinstate the appeal, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8391

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-05640 In the Matter of Stacey Stern Albert, admitted as Stacey Jill Stern, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Stacey Stern Albert has voluntarily submitted an affidavit dated June 20, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Stern was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 19, 1996, under the name Stacey Jill Stern. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Albert presently resides in Washington, D.C., has never practiced law in New York and does not intend to do so in the future. Therefore, under these circumstances, she does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Stacey Stern Albert, admitted as Stacey Jill Stern, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Stacey Stern Albert, admitted as Stacey Jill Stern, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Stacey Stern Albert, admitted as Stacey Jill Stern, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8400

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-04818 In the Matter of James A. Altman, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

James A. Altman voluntarily submitted an affidavit dated May 30, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Altman was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 14, 1980. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Altman currently resides in Florida, does not practice law in New York and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is,

ORDERED that the voluntary resignation of James A. Altman, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of James A. Altman is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, James A. Altman , is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8537

M/mv

2003-10462 In the Matter of Theresa Barton, appellant, v John Barton, respondent. (Docket No. F-05096/03)

SCHEDULING ORDER

Appeal by Theresa Barton from an order of the Family Court, Kings County, dated November 21, 2003. By decision and order of this court dated February 23, 2004, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8396

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-05828 In the Matter of Micah Lynn Berul, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Micah Lynn Berul has voluntarily submitted an affidavit dated June 30, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Berul was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 20, 2001. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Berul presently resides in California, does not practice law in New York and, under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Micah Lynn Berul, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Micah Lynn Berul is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Micah Lynn Berul, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8309

M/mv

2003-00140, 2003-00142 In the Matter of Joseph-Michael C. (Anonymous). Suffolk County petitioner-respondent; Dawn C. (Anonymous), appellant, et al., respondents. (Proceeding No. 1) In the Matter of Penelope-Lynn C. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Dawn C. (Anonymous), appellant, et al., respondents. (Proceeding No. 2) (Docket Nos. B-5465-02, B-5466-02, B-5467-02, B-5468-02)

SCHEDULING ORDER Department of Social Services,

Appeals by Dawn C. from two orders of the Family Court, Suffolk County, dated December 2, 2002, and December 18, 2002, respectively. By decision and order on motion of this court dated January 15, 2004, the following named attorney was assigned to prosecute the appeals:

Michael S. Bromberg, Esq.

44 Hampton Street

Box 2112

Sag Harbor, New York 11963

(631) 725-0641

On January 30, 2004, the transcripts were sent to assigned counsel. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

 ORDERED that on or before March 29, 2004, the appeals in the above-entitled proceedings shall either be withdrawn or shall be perfected by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]).

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

M8395

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-05922 In the Matter of Mark Steven Coby, and attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Mark Steven Coby has voluntarily submitted an affidavit dated June 25, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Coby was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 22, 1975. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Coby presently resides in California, has not practiced law in New York for the past 25 years and, under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Mark Steven Coby, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Mark Steven Coby is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Mark Steven Coby, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8376

M/nal

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. The appellant's brief was filed in the office of the Clerk of this court on February 20, 2004. 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

M8638

L/

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-04857 In the Matter of Carolyn DiGiorgi, respondent, v Steven DiGiorgi, appellant. (Docket No. O-2338-01)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Family Court, Suffolk County, dated May 12, 2003.

Upon the stipulation of the attorneys for the respective parties, dated February 20, 2004, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8408

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

REINALDO E. RIVERA, JJ.

2003-10893 In the Matter of Daniel B. Dobkin, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Daniel B. Dobkin, respondent.

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District for an order: (1) suspending the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i),(ii) and (iii), based upon his professional misconduct immediately threatening the public interest; (2) authorizing it to institute and prosecute a disciplinary proceeding against him based upon the allegations set forth in the petition dated December 9, 2003, which is annexed to its Order to Show Cause; and (3) referring the issues raised to a Special Referee to hear and report. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 14, 1993, under the name Daniel Benjamin Dobkin.

Upon the papers submitted in support of the motion and the papers submitted in response thereto, it is

ORDERED that the motion is granted; and it is further

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i), (ii) and (iii), the respondent, Daniel B. Dobkin, is immediately suspended from the practice of law in the State of New York, pending further order of this court; and it is further,

ORDERED that Daniel B. Dobkin shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Daniel B. Dobkin, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in ay way as an attorney and counselor-at-law; and it is further

ORDERED that the Grievance Committee for the Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against Daniel B. Dobkin, based upon the petition dated December 9, 2003; and it is further,

ORDERED that Robert P. Guido, Chief Counsel to the Grievance Committee for the Tenth Judicial District, North Shore Atrium II, 6900 Jericho Turnpike, Suite 102LL, Syosset, N.Y. 11791, is hereby appointed as attorney for the petitioner in that proceeding; and it is further,

ORDERED that within 10 days after service upon him of a copy of this decision and order on motion, the respondent shall serve an answer upon the petitioner and the Special Referee and shall file a copy of the same in the office of the Clerk of this court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to John F. Mulholland, Esq., 10 Birchwood Lane, Hicksville, N.Y. 11801, as Special Referee to hear and report, together with his findings on the issues.

We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based upon his failure to cooperate with the Grievance Committee's investigation, his admissions under oath, and other uncontroverted evidence.

In March 2002, the Grievance Committee was advised by the Lawyers' Fund for Client Protection that an escrow check written on the respondent's Citibank IOLA account was returned due to insufficient funds. The Grievance Committee forwarded a sua sponte complaint to the respondent based upon the returned IOLA check and requested his reply within 20 days, along with six months of bank and bookkeeping records. The respondent failed to reply.

By certified letter dated May 1, 2002, the Grievance Committee made a second request, advising the respondent of his obligation to cooperate, and requesting his response within ten days. The respondent failed to reply.

On May 29, 2002, the Grievance Committee personally delivered to the respondent a third letter notifying him that it was authorized to move to suspend an attorney who fails to cooperate with a disciplinary investigation. The Grievance Committee asked the respondent to provide an answer, along with an explanation for his failure to cooperate, within five days. The respondent still failed to reply.

On July 1, 2002, the respondent was served with a court-ordered Judicial Subpoena and Subpoena Duces Tecum demanding his appearance on July 25, 2002, and requesting the production of relevant bank and bookkeeping records for the period August 2001 until June 2002. The respondent received an adjournment until July 30, 2002.

The respondent appeared at the Grievance Committee's offices on July 30, 2002 and produced copies of his bank statements from July 2001 through March 2002, as well as some checks. He failed to produce copies of the April, May, and June 2002 bank statements, the front and back of all cancelled checks and deposit slips, and the requested itemization describing the purpose and nature of each transaction in his IOLA account between August 1, 2001, and June 2002, as commanded by the subpoena. The respondent was also asked to produce his June 2001 bank statement.

At his continued examination on September 12, 2002, respondent produced the April, May, and June 2002 bank statements but failed to produce the June 2001 statement and the other materials requested. The Grievance Committee renewed its request for the outstanding records and requested billing records and respondent's complete files with respect to four named clients. The matter was adjourned to allow the respondent to retain counsel.

On October 11, 2002, the Grievance Committee had personally delivered to the respondent a letter notifying him of the scheduling for his continued examination on November 12, 2002, and renewing its request for the documentation.

The respondent was served with a subpoena duces tecum requesting the production, on November 6, 2002, of his bank and bookkeeping records from April 1, 2001, through June 30, 2001, and from July 1, 2002, through October 31, 2002, as well as his billing records and the four named client files. The respondent failed to produce the supoenaed documents on November 6th. Nor did he appear for the continued examination on November 12, 2002.

The respondent was represented by counsel from November 30, 2002, through March 25, 2003. On April 22, 2003, the Grievance Committee hand delivered a letter to respondent notifying him that the continued examination was scheduled for May 9, 2003. The respondent failed to appear on that date.

The respondent represented Daniel J. O'Shea and the Helen A. O'Shea Trust, as sellers, in the conveyance of a parcel of real estate on Staten Island to Anthony Racanelli and Valerie Racanelli, as purchasers. Pursuant to the purchase agreement, respondent was the designated escrowee and was entrusted with the $50,000 down payment pending closing of title or cancellation of the contract. On June 25, 2001, the respondent deposited the down payment into his Citibank IOLA account. The respondent failed to preserve that sum between the deposit and the closing on October 16, 2002, as evidenced by the monthly bank statements which reveal a balance below $50,000 on ten dates between June 25, 2001, and May 28, 2002. Between May 31 and October 16, 2002, the balance remained unchanged at $21,338.61. The respondent admitted that prior to the closing, he released funds to his client without the knowledge or consent of the purchasers. Bank records reveal that the respondent drafted nine checks, payable to his client, himself, or the trial attorney handling a matter for his client.

The respondent also failed to preserve the contract deposit in a second real estate matter. The respondent represented the Martin Hurvitz Trust, as seller, in the conveyance of a parcel of Real Property in Roslyn to City Spires Equities Corp., as purchaser. Pursuant to the contract of sale, the respondent was the designated escrowee and was entrusted with the $57,000 down payment pending closing of title or cancellation of the contract. Respondent deposited the down payment into his IOLA account on or about March 1, 2002. The closing occurred on May 22, 2002. Bank statements confirm that the respondent failed to preserve the down payment until closing in that there remained a balance of only $52,118.61 in that account from March 4, 2002 through May 1, 2002.

Notwithstanding the respondent's representations that he has voluntarily ceased the practice of law and, with one exception, is not in possession of client funds, and his promise to undertake remedial steps, we find that he is guilty of professional misconduct immediately threatening the public interest and that his interim suspension is warranted. Accordingly, the Grievance Committee's motion is granted, the respondent is suspended pursuant to 22 NYCRR 691.4(l)(1)(i), (ii), and (iii), and the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against the respondent based on the charges set forth in its petition dated December 9, 2003.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8393

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-05332 In the Matter of William J. Doyle, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

William J. Doyle voluntarily submitted an affidavit dated June 11, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Doyle was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 4, 1962. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Doyle currently resides in Connecticut and does not practice law in New York. Under the circumstances, he does not wish to pay the biennial registration fee and is resigning from the New York State Bar in protest of the fees imposed on attorneys who no longer practice in New York.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of William J. Doyle, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of William J. Doyle is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, William J. Doyle, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8566

C/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2003-04557 In the Matter of Fida Fouad Elayyan, appellant, v Minzer Elayyan, respondent. (Docket No. O-23858-02)

DECISION & ORDER ON MOTION

Appeal by Fida Fouad Elayyan from an order of the Family Court, Kings County, dated May 1, 2003. By order to show cause dated January 30, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated December 24, 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 appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated December 24, 2003 (see 22 NYCRR 670.4[a][5]).

SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8358

M/mv

2004-01291, 2004-01292 In the Matter of Carlton F. (Anonymous), appellant. (Docket Nos. D-25806/03, D-22763/03)

SCHEDULING ORDER

Appeals by the juvenile from two orders of the Family Court, Kings County, dated January 26, 2004, and January 27, 2004. 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 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 in the 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 it has been ordered, 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

M8361

M/mv

2004-01462 In the Matter of Kareem F. (Anonymous), appellant. (Docket No. D-2945/03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Westchester County, dated February 2, 2004. 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 in 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, 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

M8370

M/nal

2002-09887 In the Matter of Sofia G. (Anonymous). Administration for Children's Services, respondent; Sofia G. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-2370-02) In the Matter of Estaban G. (Anonymous). Administration for Children's Services, respondent; Sofia G. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-2371-02) In the Matter of Christian G. (Anonymous). Administration for Children's Services, respondent; Sofia G. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-2372-02)

SCHEDULING ORDER

Appeal by the mother, Sofia G., from an order of the Family Court, Richmond County, dated September 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 13, 2004. 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

M8312

M/mv

2004-01463 In the Matter of Dominic A. Gallo, Jr., respondent, v Donna L. Gallo, appellant. (Docket No. F-04882/03)

SCHEDULING ORDER

Appeal by Donna L. Gallo from an order of the Family Court, Dutchess County, dated January 17, 2004. 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) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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

M8409

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

WILLIAM F. MASTRO, JJ.

2003-10710 In the Matter of Gerald M. Goll, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Gerald M. Goll, respondent.

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District for an order (1) suspending the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i), upon a finding that he is an immediate threat to the public interest based on his failure to cooperate with the Grievance Committee, (2) directing the respondent to appear at its offices within 10 days from the date of service of this decision and order on motion to give testimony regarding the most recent complaint against him and to bring with him any and all books and records pertaining to that complaint, and (3) authorizing the institution and prosecution of a disciplinary proceeding against the respondent. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 4, 1983.

Upon the papers submitted in support of the motion and no papers having been submitted in opposition or response thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i), the respondent, Gerald M. Goll, is immediately suspended from the practice of law in the State of New York, pending further order of this court; and it is further,

ORDERED that Gerald M. Goll, shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Gerald M. Goll, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that within 10 days after service upon him of a copy of this decision and order on motion, the respondent shall appear at the Grievance Committee's offices to give testimony regarding the most recent pending complaint against him and shall bring with him at that time any and all books and records pertaining to that complaint; and it is further,

ORDERED that the Grievance Committee for the Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court against Gerald M. Goll based upon the Grievance Committee's affirmation dated December 4, 2003; and it is further,

ORDERED that Robert P. Guido, Chief Counsel for the Grievance Committee for the Tenth Judicial District, North Shore Atrium, #II, 6900 Jericho Turnpike, Suite LL 102, Syosset, N.Y. 11791 is hereby appointed as attorney for the petitioner in that proceeding; and it is further,

ORDERED that within 30 days after its receipt of this decision and order on motion the petitioner shall serve a petition upon the respondent and the Special Referee, and shall file a copy of the same in the office of the Clerk of this court; and it is further,

ORDERED that within 10 days after service upon him of the petition, the respondent shall serve an answer thereto upon the petitioner and the Special Referee, and shall file a copy of the same in the office of the Clerk of this court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Edwin J. Loewy, a retired Family Court Judge, Nassau County, 43 Stevens Avenue, Hempstead, N.Y. 11550, as Special Referee to hear and report, together with his findings on the issues.

We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based on his failure to cooperate with the Grievance Committee's investigation.

The respondent is currently the subject of six pending complaints, the most recent of which underlies this motion.

The Grievance Committee opened a sua sponte complaint against the respondent based on an order of the Supreme Court, Nassau County (Falanga, J.), dated July 31, 2003, in Barcia v Barcia, a matrimonial action in which the respondent represented the defendant. By letter dated August 12, 2003, a copy of the sua sponte complaint was sent to the respondent, and he was asked to submit a written response thereto within 15 days. When no response was received, a second letter, dated September 11, 2003, was sent to the respondent by certified mail requesting a written response to the sua sponte complaint within 10 days. The second letter was returned to the Grievance Committee on September 29, 2003, because it was not claimed.

By letter dated October 6, 2003, that was hand-delivered, the respondent was given another copy of the sua sponte complaint, with a copy of the Grievance Committee's August 12, 2003, letter, and again was asked to submit a written response thereto within 10 days. The respondent acknowledged receipt of the letter and indicated that he intended to submit a response. However, no response was received.

On November 7, 2003, the respondent was personally served with subpoenas requiring his appearance at the Grievance Committee's offices on November 13, 2003, at 2:00 p.m. to give testimony regarding the sua sponte complaint and to produce his files in the underlying divorce action. The respondent failed to appear, failed to produce the requested files, and has not contacted the Grievance Committee.

In view of the foregoing, the respondent is found to constitute an immediate threat to the public interest, and the motion to suspend him is granted, without opposition. Moreover, the respondent is directed to appear at the Grievance Committee's offices within 10 days, with all books and records pertaining to the sua sponte complaint, to give testimony, and the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against him.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8369

M/nal

2002-09760 In the Matter of Emmanuel Gonzalez, respondent, v Sofia Gonzalez, appellant. (Docket No. V-02331-3/02)

SCHEDULING ORDER

Appeal by Sofia Gonzalez from an order of the Family Court, Richmond County, dated September 25, 2002. The appellant's brief was filed in the office of the Clerk of this court on February 13, 2004. 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

M8197

M/mv

2003-09265, 2003-09266 In the Matter of Jacqueline Gordon, respondent, v Andrew Gordon, appellant. (Docket No. O-04173/03)

SCHEDULING ORDER

Appeals by Andrew Gordon from two orders of the Family Court, Richmond County, both dated September 18, 2003. 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 proceeding shall be perfected within 45 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 45 days of the date of this scheduling order; and it is further,

ORDERED that within 20 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 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) above, has been taken within 20 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8305

M/mv

2004-00276 In the Matter of Ajuwon H. (Anonymous). McMahon Services, respondent; Annmarie H. (Anonymous), appellant. (Docket No. B-24985-00)

SCHEDULING ORDER

Appeal by Annmarie H. from an order of the Family Court, Kings County, dated December 18, 2003. 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) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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

M8513

M/mv

2003-08044 In the Matter of Diane H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 1) In the Matter of Missy H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 2) In the Matter of Alexya H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 3) In the Matter of Jose H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 4) In the Matter of Matthew H. (Anonymous), Jr. Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 5) (Docket Nos. B-1344/03, B-1345/03, B-1346/03 B-1347/03, B-1348/03) In the Matter of John P. (Anonymous), et al., petitioners, v Administration for Children's Services, et al., respondents. (Proceeding No. 6) Docket Nos. V-1049/03, V-1050/03 V-2130/03, V-2131/03, V-2132/03

SCHEDULING ORDER

 Appeal by Matthew H., Sr., from an order of the Family Court, Richmond County, dated August 22, 2003. By decision and order on motion of this court dated February 24, 2004, 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:

Steven P. Forbes, Esq.

90-50 Parsons Blvd. #401

Jamaica, New York 11432

(718) 791-8444

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 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 proceedings 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 February 24, 2004, 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

M5554

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2002-09833 In the Matter of Debra L. Herman, respondent, v Robert J. Herman, appellant. (Docket Nos. F-1624-98, F-1624-98/00E)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the respondent for leave to defend an appeal from an order of the Family Court, Nassau County, dated September 11, 2002, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defend the appeal:

Amy Colvin, Esq.

P.O. Box 2091

Halesite, New York 11743

(516) 424-8495

and it is further,

ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.

RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8542

C/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

STEPHEN G. CRANE, JJ.

2004-01210 In the Matter of Chris Jackson, petitioner, v Cornelia Robergeau, respondent. (Index No. 75828/01)

DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division

Motion by Cornelia Robergeau, inter alia, for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, 2nd and 11th Judicial Districts, dated December 9, 2003, which affirmed a judgment of the Civil Court, Kings County, entered April 25, 2002, and to stay her eviction from the subject premises pending the hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,

ORDERED that the branches of the motion which are, inter alia, to stay the appellant's eviction from the subject premises are denied as academic.

RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8383

M/nal

2003-03854 In the Matter of Kathi Jessup, respondent, v Donald LaBonte, appellant. (Index No. F-771-02)

SCHEDULING ORDER

Appeal by Donald LaBonte from an order of the Family Court, Westchester County, dated March 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 20, 2004. 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8384

M/mv

2003-09820 In the Matter of Tatyana Kondratyeva, respondent, v Joseph L. Yapi, appellant. (Docket No. F-04378/02)

SCHEDULING ORDER

Appeal by Joseph L. Yapi from an order of the Family Court, Kings County, dated September 25, 2003. The transcripts in the above-entitled appeal were available as of February 18, 2004. 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, the appellant shall perfect the appeal or submit an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that 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 he 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

M8382

M/nal

2003-02724 In the Matter of Don Lane, appellant, v Margaret Lane, respondent. (Docket No. F-01804-98)

SCHEDULING ORDER

Appeal by Don Lane from an order of the Family Court, Westchester County, dated February 20, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 20, 2004. 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8574

C/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2004-01279 In the Matter of Long Island Contractors' Association, Inc., et al., respondents, v Town of Riverhead, etc., et al., appellants. (Index No. 17558/03)

DECISION & ORDER ON MOTION

Motion by the Town of Riverhead and the Town Board of the Town of Riverhead for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated January 8, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted.

SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8614

C/sl

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2004-01120 In the Matter of Boris Malkinzon, petitioner, v Dial Car, Inc., et al., respondents. (Index No. 22602/03)

DECISION & ORDER ON MOTION

Motion by Dial Car, Inc., for leave to appeal to this court from an order of the Supreme Court, Kings County, dated December 4, 2003, and to stay enforcement of the order pending the hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8403

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

SONDRA MILLER, JJ.

2003-09498 In the Matter of Hubert L. Marshall, an attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial District, petitioner; Hubert L. Marshall, respondent.

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second and Eleventh Judicial Districts for an order (1) suspending the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i), upon a finding that he is an immediate threat to the public interest based on his failure to cooperate with the Grievance Committee's investigation of three pending complaints of professional misconduct against him and (2) authorizing the institution and prosecution of a disciplinary proceeding against him. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 24, 1986.

Upon the papers submitted in support of the motion and no papers having been submitted in opposition or in response thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i), the respondent is immediately suspended from the practice of law in the State of New York pending further order of this court; and it is further,

ORDERED that the respondent shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, judge, justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that the Grievance Committee for the Second and Eleventh Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against the respondent based on the Grievance Committee's petition dated October 28, 2003; and it is further,

ORDERED that Diana Maxfield Kearse, Chief Counsel to the Grievance Committee for the Second and Eleventh Judicial Districts, Renaissance Plaza, 335 Adams Street, Suite 2400, Brooklyn, N.Y. 11201-3745, is hereby appointed as attorney for the petitioner in that proceeding; and it is further,

ORDERED that within 10 days after service upon him of a copy of this decision and order on motion, the respondent shall serve an answer upon the petitioner and the Special Referee and shall file a copy of the same in the office of the Clerk of this court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Hon. John J. Clabby, a retired Justice of the Supreme Court, Queens County, 159-18 Northern Boulevard, Flushing, N.Y. 11358, as Special Referee, to hear and report expeditiously.

We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based on his failure to cooperate with the Grievance Committee's investigation of the following three complaints:

The Khiterer Complaint

On April 8, 2003, the Grievance Committee received a complaint from Inna Khiterer alleging that the respondent failed to refund to her a $2,500 real estate down payment and that he failed to return telephone calls from her attorney.

By letter dated April 10, 2003, that was sent to his law office, the respondent was directed to submit a written answer to Ms. Khiterer's complaint within 10 days of his receipt thereof. No response was received.

By letter dated April 30, 2003, that was sent to his law office by regular and certified mail, the respondent was again directed to submit a written answer to Ms. Khiterer's complaint within 10 days. The letter sent by regular mail was not returned, and the return receipt for the one sent by certified mail was returned to the Grievance Committee on May 2, 2003. No response was received.

By letter dated June 3, 2003, that was sent to his home by regular and certified mail, the respondent was directed for the third time to submit a written answer to Ms. Khiterer's complaint within 10 days. The letter sent by regular mail was not returned, and the one sent by certified mail was returned to the Grievance Committee on July 31, 2003, stamped "return to sender" and "unclaimed." No response was received.

The Sua Sponte Complaint

The Grievance Committee commenced a sua sponte investigation into the respondent's failure to re-register as an attorney with the Office of Court Administration.

By letter dated April 10, 2003, that was sent to his law office, the respondent was advised of the sua sponte investigation, directed to re-register and submit proof thereof, and directed to submit a written answer explaining his failure to re-register within 30 days of his receipt of the letter. The respondent failed to re-register and failed to submit a written answer to the sua sponte complaint.

By letter dated May 16, 2003, that was sent to his law office by regular and certified mail, the respondent was again directed to submit a written answer to the sua sponte complaint within 10 days. The letter sent by regular mail was returned to the Grievance Committee on July 3, 2003, stamped "not deliverable as addressed." The letter sent by certified mail was returned on May 20, 2003, stamped "returned to sender" and "moved, left no address."

By letter dated June 3, 2003, that was sent to the respondent's home by regular and certified mail, the respondent was directed for the third time to submit a written answer to the sua sponte complaint within 10 days. The letter sent by regular mail was not returned to the Grievance Committee. The letter sent by certified mail was returned on July 31, 2003, stamped "return to sender" and "unclaimed."

The respondent failed to re-register with the Office of Court Administration and failed to submit a written answer to the sua sponte complaint.

The Joseph Complaint

On June 9, 2003, the Grievance Committee received a complaint from Leonard Joseph alleging that the respondent neglected a legal matter entrusted to him.

By letter dated June 12, 2003, that was sent to his home, the respondent was directed to submit a written answer to Mr. Joseph's complaint within 10 days of his receipt thereof. No response was received.

By letter dated June 26, 2003, that was sent to the respondent's home and office by regular and certified mail, the respondent was directed to submit a written answer to all three pending complaints on or before July 14, 2003. The two letters sent by certified mail were returned to the Grievance Committee stamped "return to sender" and "unclaimed." The letter sent by regular mail to the respondent's law office was returned on July 3, 2003, stamped "not deliverable as addressed," and the letter sent by regular mail to the respondent's home was not returned. The respondent failed to submit written answers to the three complaints, failed to request additional time to do so, and failed to contact the Grievance Committee in any manner.

Additional attempts by the Grievance Committee to contact the respondent by telephone were unsuccessful. The respondent was personally served with the Grievance Committee's order to show cause on November 17, 2003. He has not submitted any papers in opposition or in response thereto.

Under the circumstances, the Grievance Committee's motion is granted, without opposition; the respondent is suspended pursuant to 22 NYCRR 691.4(l)(1)(i), and the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against the respondent based on the petition dated October 28, 2003.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and S. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8584

C/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2002-10589 In the Matter of Matra Building Corp., respondent, v Alan Kucker, et al., appellants. (Index No. 12257/02)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered October 3, 2002, which was determined by decision and order of this court dated December 22, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Cross motion by the respondent, inter alia, to direct the Westchester County Clerk to pay to it the undertaking posted by the appellants.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs; and it is further,

ORDERED that the cross motion is denied, without prejudice to seeking relief in the Supreme Court, Westchester County.

ALTMAN, J.P., S. MILLER, GOLDSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8561

A/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-11466 In the Matter of Herbert McMillian, petitioner, v Mae Rizzo, et al., respondents. (Docket No. V-10492/02)

DECISION & ORDER ON MOTION

Motion by the petitioner pro se, inter alia, for leave to appeal to this court from an order of the Family Court, Queens County, dated December 11, 2003.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8362

M/mv

2004-01294, 2004-01296 In the Matter of Alexa Miranda, respondent, v Moses Vasquez, appellant. (Docket No. F-07945/02)

SCHEDULING ORDER

Appeals by Moses Vasquez from two orders of the Family Court, Kings County, dated October 1, 2003, and January 2, 2004, respectively. 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 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 in the 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 it has been ordered, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8359

M/mv

2004-01299 In the Matter of Victor Nelson, appellant, v Diane Seale, respondent. (Docket No. P-01132/01)

SCHEDULING ORDER

Appeal by Victor Nelson from an order of the Family Court, Kings County, dated November 26, 2003. 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) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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

M8390

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

NANCY E. SMITH, JJ.

2002-08603 In the Matter of Mark J. Nerenberg, a suspended attorney. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Mark J. Nerenberg, respondent.

DECISION & ORDER ON MOTION

Motion by the respondent for an order: (1) vacating this court's opinion and order dated December 1, 2003, which suspended him from the practice of law for a period of three years, effective January 2, 2004; (2) staying the order of suspension; (3) granting his application to re-open the hearing and permitting him to present further evidence to the Special Referee; (4) granting reargument and, upon reargument, modifying the sanction; or in the alternative, (5) extending the time for the commencement of his suspension in order to permit him to conclude matters which are currently pending, including trials which are imminent; and (6) granting leave to appeal to the Court of Appeals. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 7, 1977.

Upon the papers submitted in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted solely to the extent of granting leave to reargue and, upon reargument, the original decision is adhered to; and it is further

ORDERED that the motion is otherwise denied in all respects.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8399

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-04816 In the Matter of William Daniel Norman, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

William Daniel Norman voluntarily submitted an affidavit dated May 29, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Norman was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 5, 1976. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Norman has a full time law practice in Massachusetts, does not practice law in New York and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of William Daniel Norman, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of William Daniel Norman is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, William Daniel Norman , is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8514

M/mv

2003-08101 In the Matter of Sean S. O'Brien, appellant, v Norma Mera Camera, respondent. (Docket No. V-01006/03)

SCHEDULING ORDER

Appeal by Sean S. O'Brien from an order of the Family Court, Orange County, dated August 6, 2003. By decision and order on motion of this court dated February 24, 2004, 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 February 24, 2004, 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

M8571

L/

2003-07836 In the Matter of Larry O. (Anonymous), Jr. Suffolk County Department of Social Services, respondent; Tunisia I. (Anonymous), et al., appellants. (Docket Nos. N-1236-03, N-1240-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Tunisia I. to withdraw an appeal from an order of the Family Court, Suffolk County, dated July 24, 2003.

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 application by the appellant Tunisia I., is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8319

M/mv

2004-01211 In the Matter of Robert P. (Anonymous), appellant. (Docket No. E-18252/03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Suffolk County, dated January 20, 2004. 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 in 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, 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

M8186

M/mv

2003-06751, 2003-06754, 2003-06755 In the Matter of Elizabeth Susanna R. (Anonymous), a/k/a Elizabeth R. (Anonymous). Saint Dominic's Home/Commissioner of Social Services, respondent; Victor R. (Anonymous), a/k/a Victor Hugo R. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-25036-02) In the Matter of Victor Manuel R. (Anonymous), a/k/a Victor R. (Anonymous). Saint Dominic's Home/Commissioner of Social Services, respondent; Victor R. (Anonymous), a/k/a Victor Hugo R. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-25037-02) In the Matter of Ruben Leonel R. (Anonymous), a/k/a Ruben R. (Anonymous). Saint Dominic's Home/Commissioner of Social Services, respondent; Victor R. (Anonymous), a/k/a Victor Hugo R. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-25038-02)

SCHEDULING ORDER

Appeals by Victor R., a/k/a Victor Hugo R. from three orders of the Family Court, Kings County, all dated June 23, 2003. By decision and order on motion of this court dated February 19, 2004, 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:

Zvi Ostrin, Esq.

154 West 18th Street - 5D

New York, New York 10011

(212) 255-5809

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 proceedings 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 February 19, 2004, 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

M8378

M/nal

2003-08963 In the Matter of Toni M. Raeder, respondent, v Lance S. Silverman, appellant. (Docket No. F-1323-96)

SCHEDULING ORDER

Appeal by Lance S. Silverman from an order of the Family Court, Suffolk County, dated September 12, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 20, 2004. 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

M8394

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-05501 In the Matter of Thomas B. Reeve, Jr., admitted as Thomas Burnell Reeve, Jr., an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Thomas B. Reeve, Jr., admitted as Thomas Burnell Reeve, Jr., voluntarily submitted an affidavit dated June 6, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Reeve was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on August 20, 1975. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Reeve presently resides in California and does not practice law in New York. Due to the fact there is no inactive status in New York and he does not wish to pay the biennial registration fee, Mr. Reeve is resigning from the New York State Bar.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Thomas B. Reeve, Jr., admitted as Thomas Burnell Reeve, Jr., an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Thomas B. Reeve, Jr., admitted as Thomas Burnell Reeve, Jr., is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Thomas B. Reeve, Jr., admitted as Thomas Burnell Reeve, Jr., is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8516

M/nal

2001-07589 In the Matter of Jean-Joseph Roman, appellant, v Tamar Roman, respondent. (Docket No. F-87/01)

SCHEDULING ORDER

Appeal by Jean-Joseph Roman from an order of the Family Court, Westchester County, entered July 12, 2001. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent and/or the law guardian to serve and file their briefs on the appeal is enlarged until April 9, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8402

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

STEPHEN G. CRANE, JJ.

1990-06850 In the Matter of Richard Dennis Simon, a disbarred attorney.

DECISION & ORDER ON APPLICATION FOR REINSTATEMENT

Application by the respondent Richard Dennis Simon, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated August 31, 1992, the respondent was disbarred after a disciplinary proceeding predicated on two charges of professional misconduct which were sustained by the Special Referee and confirmed by this court. By decision and order of this court dated November 21, 2002, the respondent's application for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness for investigation and report with respect to the respondent's current fitness to be an attorney, including but not limited to the respondent's tax returns for the years 1992 through 1995, which were not made a part of his application.

Upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it is

ORDERED that the application is granted; and it is further

ORDERED that, effective immediately, the respondent is reinstated as an attorney and counselor-at-law and the Clerk of the Court is directed to restore the name of Richard Dennis Simon to the roll of attorneys and counselors-at-law.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8397

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-05913 In the Matter of Wendy G. Singley, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Wendy G. Singley has voluntarily submitted an affidavit dated June 28, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Singley was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 15, 1978. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Singley presently resides in California, has not practiced law in New York since 1978 and does not intend to return to New York to practice law in the future. Therefore, under these circumstances, she does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Wendy G. Singley, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Wendy G. Singley is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Wendy G. Singley, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8364

M/nal

2003-04065, 2003-04066 In the Matter of Louis Skeen, appellant, v Marie Skeen-Louggar, respondent. (Docket Nos. V-18707-02, V-18708-02, V-18709-02)

SCHEDULING ORDER

Appeals by Louis Skeen from two orders of the Family Court, Kings County, both dated April 8, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 17, 2004. 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8398

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-05872 In the Matter of Jack Ira Smolokoff, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Jack Ira Smolokoff has voluntarily submitted an affidavit dated June 26, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Smolokoff was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 12, 1984. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Smolokoff presently resides in Massachusetts, has never practiced law in New York and has no intention of doing so in the future. Therefore, under these circumstances, he does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Jack Ira Smolokoff, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Jack Ira Smolokoff is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Jack Ira Smolokoff, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8538

M/mv

2003-09599 In the Matter of Suffolk County Department of Social Services, etc., respondent, v Barbara Sass, appellant; Michael Sass, nonparty-appellant. (Docket No. F-3249/91)

SCHEDULING ORDER

Appeal by Barbara Sass from an order of the Family Court, Suffolk County, dated September 24, 2003. By decision and order of this court dated February 23, 2004, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8547

M/mv

2003-09599 In the Matter of Suffolk County Department of Social Services, etc., respondent, v Barbara Sass, appellant; Michael Sass, nonparty-appellant. (Docket No. F-3249/91)

SCHEDULING ORDER

Appeal by Michael Sass from an order of the Family Court, Suffolk County, dated September 24, 2003. By decision and order of this court dated February 23, 2004, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8317

M/mv

2004-01180 In the Matter of Carmel Sullivan, respondent, v Peter Gasparini, Sr., appellant. (Docket No. F-585/01/02B)

SCHEDULING ORDER

Appeal by Peter Gasparini, Sr., from an order of the Family Court, Orange County, dated December 18, 2003. 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) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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

M8200

M/mv

2003-09155 In the Matter of Khierk T. (Anonymous). Child Development Support Corporation, respondent; Nabila T. (Anonymous), et al., appellants. (Docket No. B-3548/02)

SCHEDULING ORDER

Appeal by Macee P. from an order of the Family Court, Queens County, dated August 29, 2003. By decision and order on motion of this court dated February 11, 2004, 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:

Zvi Ostrin, Esq.

154 West 18th Street - 5D

New York, New York 10011

(212) 255-5809

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 February 11, 2004, 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

M8587

C/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

STEPHEN G. CRANE, JJ.

2003-10846 In the Matter of Town of Huntington, petitioner, v New York State Board of Real Property Services, et al., respondents.

DECISION & ORDER ON MOTION

Motion by the respondent Cold Spring Harbor School District to dismiss, insofar as asserted against it, the petition in the above-entitled proceeding on the grounds, inter alia, that the petition fails to state a cause of action against it.

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 the movant raising the issues in its answer; and it is further,

ORDERED that on the court's own motion, the movant's time to serve and file an answer is enlarged until March 25, 2004.

RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8613

L

2003-10846 In the Matter of Town of Huntington, petitioner, v New York State Board of Real Property Services, et al., respondents.

ORDER ON APPLICATION Withdraw Proceeding on Stipulation

Proceeding pursuant to Real Property Tax Law § 1218.

Upon the stipulation of the parties, dated February 17, 2004, it is

ORDERED that the proceeding is marked withdrawn only as against the respondent Town of Oyster Bay.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8202

M/mv

2004-01016, 2004-01018 In the Matter of Michael W. (Anonymous). Administration for Children's Services, respondent; Stella W. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-10480/01) In the Matter of Stella W. (Anonymous). Administration for Children's Services, respondent; Stella W. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-10481/01)

SCHEDULING ORDER

Appeals by the mother, Stella W., from two orders of the Family Court, Queens County, both dated December 12, 2003. 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 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 proceedings 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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

M8401

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-05317 In the Matter of Keith M. Warburton, admitted under the name Keith Michael Warburton, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Keith M. Warburton has voluntarily submitted an affidavit dated June 5, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Warburton was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 9, 1986, under the name Keith Michael Warburton. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Warburton presently resides and practices law in New Jersey where his employment precludes him from any outside practice of law. He has never practiced law in New York and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Keith M. Warburton, admitted under the name Keith Michael Warburton, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Keith M. Warburton, admitted under the name Keith Michael Warburton, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Keith M. Warburton, admitted under the name Keith Michael Warburton, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8552

M/nal

2003-05173 In the Matter of David Wissink, respondent, v Jane Wissink, appellant. (Docket No. V-691/03)

SCHEDULING ORDER

Appeal by Jane Wissink from an order of the Family Court, Orange County, dated May 9, 2003. Pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]) it is

ORDERED that the decision and order in the above-entitled proceeding dated February 27, 2004, 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 a brief on the appeal is enlarged until April 5, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8404

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

GLORIA GOLDSTEIN, JJ.

2003-10892 In the Matter of Norma Rein Zandman, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Norma Rein Zandman, respondent.

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District, pursuant to 22 NYCRR 691.13(a), to immediately suspend the respondent from the practice of law based on an order of the State of Connecticut, Superior Court, Judicial District of Stamford-Norwalk, dated February 21, 2002, finding that she is incapacitated from practicing law because of mental infirmity or illness. The respondent was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the First Judicial Department, on February 4, 1991.

Upon the papers submitted in support of the motion and no papers having been submitted in opposition or response thereto, it is

ORDERED that pursuant to 22 NYCRR 691.13(a), the respondent, Norma Rein Zandman, is immediately suspended from the practice of law in the State of New York, until the further order of this court; and it is further,

ORDERED that the respondent shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

ORDERED that pursuant Judiciary Law § 90, during the period of suspension and until the further order of this court, the respondent, Norma Rein Zandman, is commanded to desist and refrain (l) from practicing law in any form, either as principal or as agent, clerk, or employee of another, (2) from appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) from giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) from holding herself out in any way as an attorney and counselor-at-law.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8315

M/mv

2004-01206 In the Matter of Jane Zullo, respondent, v George Hom, appellant. (Docket No. F-3296/96)

SCHEDULING ORDER

Appeal by George Hom from an order of the Family Court, Nassau County, dated January 16, 2004. 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) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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

M8611

PL/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN, JJ.

2004-00963, 2004-00964 The People, etc., respondent, v Alyda Montoya, appellant. (Ind. Nos. 10518-90, 10634-91)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to recall and vacate a decision and order on motion of this court dated March 7, 1994, which denied the motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the Supreme Court, Queens County, both rendered December 18, 1991, for leave to prosecute the appeals as a poor person, and for the assignment of counsel, and dismissed the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted and this court's decision and order on motion dated March 7, 1994, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the Supreme Court, Queens County, both rendered December 18, 1991, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion for an extension of time to take appeals from two judgments of the Supreme Court, Queens County, both rendered December 18, 1991, is granted; and it is further,

 ORDERED that the defendant's motion papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the branch of the motion for leave to prosecute the appeals as a poor person and the assignment of counsel is denied with leave to renew upon the filing of proper papers establishing that the appellant is entitled to poor person relief; and it is further,

ORDERED upon the court's own motion, the appellant is directed to either perfect the appeals within 60 days of the date of this order, notify the court that she has retained counsel to prosecute the appeal or intends to proceed pro se, or renew her motion for poor person relief and the assignment of counsel.

PRUDENTI, P.J., RITTER, SANTUCCI and ALTMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8329

K/sl

NANCY E. SMITH, J.

2003-03974 The People, etc., plaintiff, v Frank Sacco, defendant. (Ind. No. 89-00545)

DECISION & ORDER ON MOTION

Motion by the defendant for reargument of an application 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, Orange County, dated March 25, 2003, which was determined by me on September 22, 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.

NANCY E. SMITH

Associate Justice