Appellate Division: Second Judicial Department

M34846

S/sl

2005-07356 Marilyn Arons, appellant, v Barbara Mackey, et al., respondents. (Index No. 1011/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, dated March 31, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 16, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34852

S/sl

2005-07421 Sharon Bechor, respondent, v New York Security & Communications, Inc., et al., appellants. (Index No. 259/04)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated July 1, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 9, 2006, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34825

CF/

2005-06730 Winifred Benisch, respondent, v Timothy Broy, et al., appellants. (Index No. 291/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 8, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34826

CF/

2005-10000 Winifred Benisch, respondent, v Timothy Broy, et al., appellants. (Index No. 291/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 8, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34828

CF/

2005-09953 Rickerah Buckley, et al., appellants, v Luis Racanelli, et al., respondents. (Index No. 3073/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated August 11, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34841

S/sl

2005-07126 Albert Campanella, appellant, v Mattone Group Jamaica Co., LLC, defendant third-party plaintiff-respondent, M & R European Construction Corporation, et al., defendants- respondents; Worth Construction Co., Inc., et al., third-party defendants-respondents. (Index No. 3161/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 29, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 10, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34829

CF/

2005-08346 Michael Cardona, respondent, v Dawn Vennekohl, appellant. (Index No. 2100/05)

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 July 14, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34839

S/sl

2005-06661, 2005-06662 Mary Anne Cestaro, appellant, v Edith DeShaw, a/k/a Edith Shaw, et al., respondents. (Index No. 25682/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, both dated May 20, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until March 7, 2006, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34860

S/sl

2005-08238 George Cruci, appellant-respondent, v General Electric Company, et al., defendants third-party-plaintiffs respondents-appellants; L. J. Coppola, Inc., third-party defendant. (Index No. 4410/03)

ORDER ON APPLICATION

Application by the third-party defendant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Orange County, dated July 20, 2005.

ORDERED that the application is denied, without prejudice to making a motion for the same relief.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34844

S/sl

2005-07073 Evan Cummings, respondent, v Paul G. Greenidge, et al., appellants. (Index No. 45768/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 9, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 13, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34807

S/sl

2004-10603 Barbara Daddino, appellant-respondent, v Frank Daddino, respondent-appellant. (Index No. 8907/02)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, dated October 5, 2004.

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

ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, on or before February 9, 2006 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34808

S/sl

2005-11513 Joseph Denoyelles, et al., appellants-respondents, v Michael Gallagher, respondent-appellant. (Index No. 6435/03)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief an appeal and cross appeal from an order of the Supreme Court, Orange County, dated December 7, 2005.

ORDERED that the application is granted, and the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, on or before February 14, 2006 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34855

S/sl

2005-04091 Eric Diaz, plaintiff-respondent, v Joann DiGiulio, defendant-respondent, First Fidelity Leasing Group, Inc., a/k/a First Union Auto Finance, defendant-appellant. (Index No. 13847/00)

ORDER ON APPLICATION

Application by the defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated March 22, 2005.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until February 6, 2006, and the movant's brief must be served and filed on or before that date; and it is further,

ORDERED that the reply brief, if any, shall be served and filed on or before February 21, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34853

S/sl

2005-03721 Eugenia Dumbadze, appellant, v New York City Health & Hospital Corporation, defendant; Parker & Waichman, nonparty-respondent. (Index No. 23679/99)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated March 15, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 13, 2006, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34840

Y/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-02184 Patricia Farrell, appellant, v Mark J. Gelwan, etc., respondent. (Index No. 30833/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, entered February 8, 2005.

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

ORDERED that the motion is granted and the respondent's time to serve and file a brief is enlarged until January 30, 2006, and the respondent's brief must be served and filed on or before that date.

FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34842

S/sl

2005-06829 Owen Flynn, et al., appellants, v Fedcap Rehabilitation Services, Inc., et al., respondents. (Index No. 38629/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 23, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 3, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34863

S/sl

2005-07259 Jane Gavin, appellant, v Martin Catron, respondent. (Index No. 9238/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated June 29, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 17, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34849

S/sl

2005-06713 Daniel Hageman, appellant, v B&G Building Services, LLC, respondent. (Index No. 8466/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated June 20, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 6, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34822

S/sl

2005-06871 Hampton Valley Farm, Inc., et al., plaintiffs, Rose Ann Shearin, appellant, v Flower & Medalie, Esqs., et al., respondents. (Index No. 22426/92)

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, Suffolk County, dated July 5, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 16, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34821

S/sl

2005-11468 J.G. Cerasuolo Construction, Inc., plaintiff- respondent, v Patrice Tyler, defendant third-party plaintiff-appellant; Marrone Architects, et al., third-party defendants-respondents. (Index No. 12933/02)

ORDER ON APPLICATION

Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated October 26, 2005.

ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until February 23, 2006, and the plaintiff-respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34817

S/sl

2005-04976 Randi A. Jaen, respondent, v Long Island Surgi-Center, appellant. (Index No. 14150/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated April 27, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 14, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34843

S/sl

2005-07133 Jicheng Liu, appellant-respondent, v Sanford Tower Condominium, Inc., et al., respondents, Robert Shumin Zhou, etc., et al., respondents-appellants. (Index No. 6136/02)

ORDER ON APPLICATION

Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross from an order of the Supreme Court, Queens County, dated June 10, 2005.

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until March 6, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34824

S/sl

2005-03342 KNK Enterprises, Inc., respondent, v Harriman Enterprises, Inc., et al., appellants. (Index No. 5377/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated November 29, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before February 10, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34833

S/sl

2005-05548 Simon Katz, et al., plaintiffs, v Weissgarten Construction Company, Inc., defendant third-party plaintiff-respondent, et al., defendants; MMG, Inc., third-party defendant-appellant, et al., third-party defendant (and another third-party action). (Index No. 16064/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 22, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 1, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34861

L/

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2005-07995 Regina Korn, et al., respondents, v City of New York, defendant, Edward Kropf, et al., appellants. (Index No. 15255/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 15, 2005.

Upon the stipulation of the attorneys for the respective parties, dated January 9, 2006, it is

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

PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34798

A/sl

THOMAS A. ADAMS, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-11561 Teresa Leon, plaintiff-respondent, v Joseph L. Balkan Incorporated, appellant, Sutton Street Realty Corp.,et al., defendants- respondents (and a third-party action). (Index No. 32704/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 15, 2005.

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

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

ADAMS, J.P., SKELOS, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34851

S/sl

2005-04245 Ira Levine, appellant, v Bertrand Agus, et al., respondents. (Index No. 26185/97)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated April 11, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 20, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34838

CF/

2005-07163 Garrett Levitz, et al., respondents, v David Cross, et al., appellants. (Index No. 4709/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 15, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34848

S/sl

2005-07033 Liberty Mutual Insurance Company, et al., plaintiffs, v Parallel Management, et al., defendants, Berns & Catro, P.C., appellant; E. David Woycik, Jr., nonparty-respondent. (Index No. 18068/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered November 16, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 10, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34815

S/sl

2005-06027 Jamal Logan, appellant, v Bernice Johnson, respondent. (Index No. 19786/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated December 16, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 21, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34802

S/sl

2005-06334 M.S.B. Development Company, Inc., respondent, v Frances Lopes, et al., defendants, Robert Brigandi, et al., appellants. (Index No. 13502/04)

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 and judgment (one paper) of the Supreme Court, Richmond County, dated June 3, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 30, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34794

A/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-11662 Susan Mawson, et al., appellants, v Historic Properties, LLC, et al., respondents. (Index No. 484/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay an inquest on the defendants' counterclaims, pending hearing and determination of an appeal from an order of the Supreme Court, Putnam County, dated October 28, 2005.

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

ORDERED that the motion is granted and the inquest on the defendants' counterclaims is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 14, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 14, 2006, the court, on its own motion, may vacate the stay, or the respondents' may move to vacate the stay, on three days notice.

CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34832

CF/

2005-04794 Joseph Mendes, plaintiff-respondent, v York Scaffold Equipment Corp., et al., defendants, HRH Construction Corp., appellant (and a third-party action). (Index No. 26646/97)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 24, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34831

CF/

2005-10324 Joseph Mendes, plaintiff-respondent, v York Scaffold Equipment Corp., et al., defendants-respondents, HRH Construction Corp., appellant (and a third-party action). (Index No. 26646/97)

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 September 30, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34806

S/sl

2005-06706 Katherine Ottavio, respondent, v N.I.A.C.C. Limited Liability Company, appellant. (Index No. 17310/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated June 23, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 9, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34814

S/sl

2005-04890 Pooltastic Pool Works, Inc., respondent, v James Dean, appellant. (Index No. 6719/00)

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, Suffolk County, dated April 25, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 14, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34856

S/sl

2005-03722 Juan F. Reategui, appellant, v New World Transportation Corp., et al., respondents. (Index No. 13115/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated April 11, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 27, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34845

S/sl

2005-05910 Red Hook Construction Group I, LLC, etc., respondent, v Travelers Casualty and Surety Company of America, defendant, Billmar, LLC, appellant. (Index No. 04-22540)

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, Suffolk County, dated March 9, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 13, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34813

S/sl

2005-04630 Irma Roman, respondent-appellant, v I. Gold Corp., d/b/a I. Gold & Sons, et al., appellants- respondents, Brooklyn Navy Yard Development Corporation, et al., defendants-respondents. (Index No. 30531/00)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 4, 2005.

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

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until February 8, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34816

S/sl

2005-07469 Angela Roth, etc., et al., appellants, v Metropolitan Transportation Authority, et al., respondents. (Index No. 6732/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated June 30, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 20, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34859

Y/sl

THOMAS A. ADAMS, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-10122 Nicholas Sabbatini, appellant, v Benito Galati, et al., respondents. (Appeal No. 1) (Index No. 3652/05) 2006-00245 Nicholas Sabbatini, appellant, v Benito Galati, respondent. (Appeal No. 2) (Index No. 8546/03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated January 12, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated November 30, 2005 (Appellate Division Docket No. 2006-00245), pending hearing and determination of an appeal therefrom and to consolidate that appeal with an appeal from an order of the same court dated September 27, 2005 (Appellate Division Docket No. 2005-10122).

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

ORDERED that the branches of the motion which are to stay enforcement of the order dated November 30, 2005, and to consolidate the appeals are denied; and it is further,

ORDERED that on the court's own motion, the appeals shall be calendared together, and shall be argued or submitted on the same day.

ADAMS, J.P., SKELOS, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34835

CF/

2005-11101 Manuel Salas, respondent, v 373 91st Street, LLC, et al., appellants. (Index No. 29477/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Contempo Development to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 26, 2005.

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

ORDERED that the application is granted and the appeal by Contempo Development is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34820

S/sl

2005-02146 Eugenia Swiderska, appellant, v New York University, et al., respondents. (Index No. 20493/03)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal from an order of the Supreme Court, Kings County, dated January 18, 2005.

ORDERED that the application is granted and the respondents' time to serve and file briefs is enlarged until January 27, 2006, and the respondents' respective briefs must be served and filed on or before that date; and it is further,

ORDERED that the reply brief, if any, shall be served and filed on or before February 17, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34836

T/sl

THOMAS A. ADAMS, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-11879 Town of North Hempstead, et al., respondents, v Winston & Strawn, LLP, appellant. (Index No. 19050/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial thereof, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated December 7, 2005, and for a preference in the calendaring of the appeal.

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

ORDERED that the branch of the motion which is for a stay is granted and all proceedings in the above-entitled action, including the trial thereof, are stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted, and the appeal shall be calendared when fully perfected.

ADAMS, J.P., SKELOS, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34799

S/sl

2005-06446 David Weinschneider, appellant, v Devorah Weinschneider, respondent. (Index No. 3425/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 24, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 6, 2006, 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 of the Court

Appellate Division: Second Judicial Department

M34823

CF/

2005-03024 Lisa Yeager, et al., appellants, v Robert Thompson, etc., et al., appellants. (Index No. 10622/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated January 18, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34810

S/sl

2005-07180, 2005-07181 Dina Zingone, respondent, v Gennaro Zingone, appellant. (Index No. 5708/97)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Westchester County, dated December 15, 2003, and March 2, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until February 20, 2006, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34834

Y/sl

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-06596 In the Matter of AT&S Transportation, LLC, respondent, v Odyssey Logistics & Technology Corp., appellant. (Index No. 2054/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Westchester County, dated June 25, 2004, which was determined by decision and order of this court dated October 25, 2005, 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.

ADAMS, J.P., LUCIANO, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34801

S/sl

2005-10725 In the Matter of Arthur Kill Power, LLC, petitioner, v City of New York Department of Small Business Services, respondent.

ORDER ON APPLICATION

Application by the respondent in a proceeding pursuant to EDPL 207, pursuant to 22 NYCRR 670.8(d)(2), to enlarge the time to serve and file an answer.

ORDERED that the application is granted and the respondent's time to serve and file an answer is enlarged until February 21, 2006, and the respondent's answer must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34819

A/sl

THOMAS A. ADAMS, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-11875 In the Matter of George G. D'Amato, petitioner, v Westchester County Health Care Corporation, d/b/a Westchester Medical Center, respondent. (Index No. 17018/05)

DECISION & ORDER ON MOTION

Motion by Westchester County Health Care Corporation, d/b/a Westchester Medical Center, inter alia, for leave to appeal to this court from an order of the Supreme Court, Westchester County, entered December 8, 2005, and to stay all proceedings in the above-entitled matter 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 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.

ADAMS, J.P., SKELOS, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34734

M/nal

2005-11960 In the Matter of Karen DeR. (Anonymous), respondent, v Neil S. (Anonymous), appellant. (Docket No. P-8436/03)

SCHEDULING ORDER

Appeal by Neil S. from an order of the Family Court, Queens County, dated November 29, 2005. 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 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 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), (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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M34847

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-08924 In the Matter of Alicia Beth Falk, respondent, v Mark Charles Owen, appellant. (Docket No. F-13086-03)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the attorney for the respondent to be relieved of an assignment to represent the respondent on an appeal from an order of the Family Court, Westchester County, dated August 24, 2004.

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

ORDERED that the motion is granted, and the attorney for the respondent, Joan A. Moo Young, 180 South Broadway, Suite 203, White Plains, New York 10605, is directed to turn over all papers in the action to the new attorney for the respondent herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the respondent to represent the respondent:

William E. Penny, Esq.

10 Forest Lane

Scarsdale, New York 10583

(914) 472-5664

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34723

M/nal

2005-11882 In the Matter of Jasmine G. (Anonymous), appellant. (Docket No. D-67/05)

SCHEDULING ORDER

Appeal by Jasmine G. from an order of the Family Court, Kings County, dated November 21, 2005. 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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M34728

M/nal

2006-00007 In the Matter of Thalis G. (Anonymous), a/k/a Thalia G. (Anonymous), a/k/a Thalis Christine G. (Anonymous). Seaman's Society for Children and Families, respondent; Eddie G. (Anonymous), appellant. (Docket No. B-5125/04)

SCHEDULING ORDER

Appeal by Eddie G. from an order of the Family Court, Richmond County, dated November 4, 2005. 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 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 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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M34721

M/nal

2005-11914 In the Matter of Cheryl A. Holman, appellant, v Leroy G. Holmes, respondent. (Docket No. V-4428/04)

SCHEDULING ORDER

Appeal by Cheryl A. Holman from an order of the Family Court, Queens County, dated November 10, 2005. 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 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 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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M34722

M/nal

2005-11892 In the Matter of Keith Honeywell, respondent, v Jeanette Honeywell, appellant. (Proceeding No. 1) In the Matter of Jeanette Honeywell, appellant, v Keith Honeywell, respondent. (Proceeding No. 2) (Index Nos. V-3038-04, V-4077-04)

SCHEDULING ORDER

Appeal by Jeanette Honeywell from an order of the Family Court, Westchester County, dated December 16, 2005. 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 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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M34741

M/nal

2005-11957 In the Matter of Yoshika Johnson, respondent, v Donald Blagrove, appellant. (Docket No. F-14903/04)

SCHEDULING ORDER

Appeal by Donald Blagrove from an order of the Family Court, Queens County, dated December 13, 2005. 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 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 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), (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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M34862

S/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

ROBERT A. SPOLZINO, JJ.

1999-05600 In the Matter of Robert E. Liedy, admitted as Robert Edward Liedy, a suspended attorney. (Attorney Registration No. 2298222)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated January 11, 2006, in the above-entitled matter is amended by deleting from the caption thereof Attorney Registration No. "1024272" and substituting therefor Attorney Registration No. "2298222".

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34739

M/nal

2006-00047 In the Matter of Rena Lipiner, appellant, v Michael Weaver, respondent. (Docket Nos. V-12006-05, V-12007-05)

SCHEDULING ORDER

Appeal by Rena Lipiner from an order of the Family Court, Nassau County, dated December 1, 2005. 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 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 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), (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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M34790

A/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-09790 In the Matter of Anthony C. Luther, appellant, v Laura L. Luther, respondent. (Docket No. F-4552-05)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated September 14, 2005, 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 or relation thereto, it is

ORDERED that the branches of the motion which are for the waiver of fees, a free transcript, and the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d][1]).

H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34737

M/nal

2006-00037, 2006-00423 In the Matter of Irene A. McGrath, appellant, v Michael L. Parker, respondent. (Docket No. F-03318-02)

SCHEDULING ORDER

Appeals by Irene A. McGrath from two orders of the Family Court, Suffolk County, dated August 10, 2005, and November 14, 2005, 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 transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are 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 or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M34719

M/nal

2005-11883 In the Matter of John Glenn Barry Metcalf, Sr., appellant, v Mary Odums, respondent. (Docket Nos. V-06069-95, V-06070-95)

SCHEDULING ORDER

Appeal by John Glenn Barry Metcalf, Sr., from an order of the Family Court, Kings County, dated December 15, 2005. 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 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 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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M34812

S/sl

2005-06773 In the Matter of Mo's Carting Corp., petitioner, v Raymond P. Martinez, respondent. (Index No. 1104/05)

ORDER ON APPLICATION

Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated July 8, 2005.

ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until March 9, 2006, and the record or appendix on the proceeding and the petitioner's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34724

M/nal

2005-11877, 2005-11880, 2005-11881 In the Matter of Beverly R. (Anonymous). Administration for Children's Services, respondent; Egnio R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ennio R. (Anonymous). Administration for Children's Services, respondent; Egnio R. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Starling R. (Anonymous). Administration for Children's Services, respondent; Egnio R. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Christy R. (Anonymous). Administration for Children's Services, respondent; Egnio R. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. N-19657-04, N-19658-04, N-19659-04, N-19660-04)

SCHEDULING ORDER

Appeals by Egnio R from three orders of the Family Court, Kings County, all dated November 17, 2005. 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 transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are 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 or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M34809

S/sl

2005-01477 In the Matter of Rye Police Association, appellant, v City of Rye, respondent. (Index No. 3558/04)

ORDER ON APPLICATION

ORDERED that the order on application dated December 8, 2005, in the above-entitled matter is amended by deleting from the decretal paragraph thereof the date "February 10, 2006," and substituting therefor the date "February 24, 2006".

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34746

M/nal

2006-00039, 2006-00048 In the Matter of Erin S. (Anonymous). Suffolk County Department of Social Services, respondent; Susan S. (Anonymous), appellant. (Docket No. N-2199-05)

SCHEDULING ORDER

Appeals by Susan S. from two orders of the Family Court, Suffolk County, dated October 11, 2005, and October 27, 2005, 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 of the Family Court proceedings to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are 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 or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M34747

M/nal

2006-00055 In the Matter of Thomas Sannuto, appellant, v Jeanette Palma-Sannuto, respondent. (Docket No. F-686-96)

SCHEDULING ORDER

Appeal by Thomas Sannuto from an order of the Family Court, Suffolk County, dated December 5, 2005. 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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M34827

CF/

2005-08094 In the Matter of Marcin Sars, respondent, v Polish & Slavic Federal Credit Union, et al., appellants. (Index No. 36758/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Polish & Slavic Federal Credit Union to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 20, 2005.

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

ORDERED that the application is granted and the appeal by Polish & Slavic Federal Credit Union is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34708

T/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-11764, 2006-00085, 2006-00086 In the Matter of Elaine Sassower-Berlin, petitioner, v Stephen Berlin, respondent. (Docket Nos. V-11995-04, V-11996-04, V-11997-04)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to this court from an order of the Family Court, Nassau County, dated April 8, 2005 (Appellate Division Docket No. 2006-00085), an amended order of the same court dated September 30, 2005 (Appellate Division Docket No. 2006-00086), and an order of the same court entered December 12, 2005 (Appellate Division Docket No. 2005-11764), and to stay enforcement of the orders and the amended order pending hearing and determination of the appeals.

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 from the order entered December 12, 2005 (Appellate Division Docket No. 2005-11764), is granted; and it is further,

ORDERED that the branches of the motion which are to stay enforcement of the order dated April 8, 2005, and the amended order dated September 30, 2005, are granted, on condition that the appeal from the order entered December 12, 2005, is perfected on or before March 10, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 10, 2006, 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 motion is otherwise denied.

H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34744

M/nal

2005-12001 In the Matter of Beth Schinella, respondent, v Donald Prusakowski, appellant. (Docket No. F-02423-00)

SCHEDULING ORDER

Appeal by Donald Prusakowski from an order of the Family Court, Dutchess County, dated November 22, 2005. 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 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 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), (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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M34743

M/nal

2005-11964 In the Matter of Katherine Schliefer, respondent, v Donald Wilson, appellant. (Docket No. F004252/01)

SCHEDULING ORDER

Appeal by Donald Wilson from an order of the Family Court, Queens County, dated December 21, 2005. 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 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 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), (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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M34732

M/nal

2005-11959 In the Matter of John T. (Anonymous), Jr., appellant. (Docket No. D-3809/05)

SCHEDULING ORDER

Appeal by John T., Jr., from an order of the Family Court, Queens County, dated November 23, 2005. 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 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 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), (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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M34454

A/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-11696 In the Matter of TC Contracting, Inc., petitioner- respondent, v 72-02 Northern Blvd. Realty Corp., appellant, Soil Solutions, Inc., respondent-respondent. (Index No. 26291/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, on an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, entered November 10, 2005, to lift the restraint imposed on the appellant's bank account No. 560013227 at Marathon Bank of New York pursuant to the petitioner-respondent's restraining notice dated November 16, 2005, upon the posting of an undertaking in accordance with CPLR 5519(a)(2).

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 lift the restraint imposed on the appellant's bank account No. 560013227 at Marathon Bank of New York pursuant to the restraining notice dated November 16, 2005, is granted on condition that on or before January 23, 2006, the appellant post an undertaking with the Clerk of the Supreme Court, Queens County, in accordance with CPLR 5519(a)(2); and it is further,

ORDERED that in the event that the undertaking is not posted with the Clerk of the Supreme Court, Queens County, on or before January 23, 2006, the restraining notice dated November 16, 2005, shall remain in effect; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34735

M/nal

2005-12002 In the Matter of James Tepe, respondent, v Claudia Freer, appellant. (Proceeding No. 1) In the Matter of Claudia Freer, appellant, v James Tepe, respondent. (Proceeding No. 2) (Docket Nos. V-01947-04, V-02263-04)

SCHEDULING ORDER

Appeal by Claudia Freer from an order of the Family Court, Nassau County, dated November 9, 2005. 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 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 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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M34857

S/sl

2004-10293 In the Matter of Town of Huntington, petitioner, v New York State Board of Real Property Services, et al., respondents.

ORDER ON APPLICATION

Application by the respondent New York State Board of Real Property Services pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in a proceeding pursuant to RPTL 1218.

ORDERED that the application is granted and the movant's time to serve and file an brief is enlarged until February 24, 2006, and the movant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34783

M/nal

2005-08517 In the Matter of Matthew Y. (Anonymous). Ohel Children's Home and Family Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Matania Y. (Anonymous). Ohel Children's Home and Family Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Mina Y. (Anonymous). Ohel Children's Home and Family Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Moshe Y. (Anonymous). Ohel Children's Home and Family Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. B-20683/03, B-20684/03, B-20685/03, B-20686/03)

SCHEDULING ORDER

Appeal by Ebrahim Y. from an order of the Family Court, Queens County, dated August 29, 2005. The appellant's brief was filed in the office of the Clerk of this court on November 30, 2005, and the law guardian's brief was served and filed on January 5, 2006. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until January 20, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34830

CF/

2005-00869 The People, etc., appellant, v David Catlyn, respondent. (Ind. No. 3/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the County Court, Putnam County, dated November 24, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34858

Y/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2004-05915 The People, etc., respondent, v Mark Martin, appellant. (Ind. No. 03-00936)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the Supreme Court, Westchester County, rendered June 15, 2004.

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

ORDERED that the motion is denied.

CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34837

Y/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2004-02005 The People, etc., respondent, v Mohammed Abu Nasir, appellant. (Ind. No. 02-0319)

DECISION & ORDER ON MOTION

Motion by the People to dismiss an appeal from a judgment of the Supreme Court, Westchester County, rendered October 28, 2003, as abandoned.

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

ORDERED that the motion is denied, with leave to renew upon service on the appellant at his last known address.

FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34797

S/sl

2003-10895 The People, etc., respondent, v Fenton Richards, appellant. (Ind. No. 7013/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated November 12, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 31, 2006, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court