Appellate Division: Second Judicial Department

M34934

A/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2004-02111 Bank of America, NA, respondent, v Daniel M. Tobin, defendant; Veronica Ann Tobin, nonparty-appellant. (Index No. 8849/02)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Orange County, dated February 4, 2004, as a poor person and for the assignment of counsel, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal, and to enlarge the time to perfect the appeal, and cross motion by the respondent to dismiss the appeal for failure to timely perfect.

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

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal is denied as premature, with leave to renew upon perfection of the appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,

 ORDERED that the appellant's time to perfect the appeal is enlarged until February 22, 2006, and the appendix on the appeal 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 cross 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

M34944

A/nal

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2006-00375 Keith Brennan, et al., respondents, v Thomas G. Hoctor, defendant, William Warner, appellant. (Index No. 1974/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated November 30, 2005.

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

ORDERED that the motion is denied.

CRANE, J.P., GOLDSTEIN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34965

CF/

2005-09701 Winifred Caulfield, appellant, v Brooklyn Botanic Garden, Inc., respondent. (Index No. 45879/03)

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 13, 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

M34912

A/nal

THOMAS A. ADAMS, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2004-03479 Denise Cicione, etc., et al., appellants, v Bruce Meyer, etc., et al., respondents. (Index No. 8768/99)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to serve and file an amended reply brief on an appeal from a judgment of the Supreme Court, Suffolk County, entered March 12, 2004.

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 it is further,

ORDERED that the appellant's time to serve and file an amended reply brief is enlarged until January 30, 2006, and the amended reply brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34949

CF/

2005-10281 Alexandro Cipriano, et al., appellants, v Harrison Central School District, et al., respondents. (Index No. 8237/05)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated September 27, 2005.

Upon the stipulation of the parties, dated January 4, 2005, it is

ORDERED that the appeal by Strauss Paper Co., Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34937

CF/

2006-00101 Citibank, N.A., plaintiff-respondent, v Allison Chung, et al., defendants-respondents, Broadway National Bank, defendant-appellant. (Index No. 157/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated September 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 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34941

C/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-03298 Bennett Cohen, respondent-appellant, v Wallace & Minchenberg, et al., appellants- respondents, et al., respondents. (Index No. 29307/02)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to enlarge the time to serve and file his answering brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated February 2, 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 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 22, 2006 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that no further enlargements of time shall be granted.

CRANE, J.P., GOLDSTEIN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34950

C/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-03366 Jerzy Cymek, et al., respondents, v Pratt Institute, respondent-appellant, AM & G Waterproofing, defendant third-party plaintiff- appellant-respondent; et al., third-party defendant. (Index No. 46656/02)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent 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 February 16, 2005.

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

ORDERED that the motion is denied.

CRANE, J.P., GOLDSTEIN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34931

CF/

2005-08459 Warren J. Devine, et al., appellants, v OneBeacon Insurance Group, LLC, et al., respondents. (Index No. 24248/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 16, 2006.

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

M34938

J/sl

2005-03872 Julia Dixon, et al., appellants, v City of New York, et al., respondents. (Index No. 3333/01)

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 an order of the Supreme Court, Kings County, dated February 8, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 14, 2006, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34923

O/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-04181 Stephanie Gallagher, et al., respondents, v Rafael Roman, defendant, Julio Reyes, appellant. (Index No. 14354/03)

DECISION & ORDER ON MOTION

Motion by the respondent Stephanie Gallagher, inter alia, to dismiss an appeal from an order of the Supreme Court, Westchester County, entered March 28, 2005, on the ground that no appeal lies from an order denying reargument, or to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until February 24, 2006, and the respondents' 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 motion is otherwise denied.

We note that the respondent Charles Gallagher must appear either pro se or by an attorney (see CPLR 321).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34936

CF/

2005-01633 Marion Gambino, plaintiff, v Woodbury Meadows Senior Living Redevelopment Corp., et al., defendants third-party plaintiffs-respondents; Republic LI, Inc., third-party defendant-appellant. (Index No. 9275/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 7, 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

M34914

A/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-02065 Hampton Valley Farm, Inc., et al., plaintiffs, Rose Ann Shearin, respondent, v Flower & Medalie, et al., appellants. (Index No. 22426/92)

DECISION & ORDER ON MOTION

Motion by the respondent pro se on an appeal from an order of the Supreme Court, Suffolk County, dated January 10, 2005, to strike the appellants' appendix and brief on the ground that they contain or refer to material which is dehors the record, and to enlarge the respondent's time to serve and file a brief.

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

ORDERED that the branches of the motion which are to strike the appendix and the appellants' brief are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until February 22, 2006, and the respondent'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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34958

CF/

2005-11586 Gerges Hanna, respondent, v Ruben Merejo, et al., appellants. (Index No. 14337/04)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated November 16, 2005.

Upon the stipulation of the parties, dated January 12, 2006, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34964

CF/

2005-10039 Joel S. Hoffman, appellant, v Roberta L. Hoffman, respondent. (Index No. 203056/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 19, 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

M34943

CF/

2005-02542 Angela Kraus, appellant, v David Kraus, respondent. (Index No. 202285/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated February 2, 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

M34947

T/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-05167 Nicholas Mansfield, plaintiff-respondent, v Salvador Dolcemascolo, et al., defendants third-party plaintiffs-appellants; U Bar, LLC, third-party defendant-respondent. (Index No. 10690/03)

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, Kings County, dated May 11, 2005, and application by the respondents to enlarge their time to serve and file their respective briefs.

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

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

ORDERED that the application is granted, and the respondents' time to serve and file their respective briefs is enlarged until February 17, 2006.

CRANE, J.P., GOLDSTEIN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34966

CF/

2005-09256 Paul McCready, appellant, v Diana McCready, respondent. (Index No. 869/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 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

M34956

O/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-06237 Andrew Mora, appellant-respondent, v Theresa Mora, respondent-appellant. (Index No. 3432/02)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent pursuant to CPLR 5520(a) to extend the time to file a notice of appeal from a judgment of the Supreme Court, Queens County, dated April 18, 2005, which notice of appeal was timely served upon all other parties, and cross motion by the respondent-appellant to dismiss the appeal for failure to timely file the notice of appeal.

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

ORDERED that the motion is granted, and the appellant-respondents's time to file his notice of appeal in the office of the Clerk of the Supreme Court, Queens County, is extended up to and including February 1, 2006; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until April 3, 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 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]); and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34989

JEP/nl

2006-00284 New York City Transit Authority, respondent, v Amalgamated Transit Union, AFL-CIO, etc., et al., appellants. (Index No. 37902/05)

AMENDED SCHEDULING ORDER

Appeals by Local 726 of the Amalgamated Transit Union, AFL-CIO, and Local 1056 of the Amalgamated Transit Union, AFL-CIO, respectively, from an order of the Supreme Court, Kings County, dated December 21, 2005. Pursuant to § 670.4(a)(1) of the Rules of this court (22 NYCRR 670.4[a][1]), it is

ORDERED that the court's scheduling order dated January 9, 2006, is hereby amended by deleting the fourth, fifth and sixth decretal paragraphs thereof and substituting therefor the following decretal paragraphs:

ORDERED that the appellants' respective briefs shall be served and filed on or before 10:00 A.M. on Friday, January 27, 2006; and it is further,

ORDERED that the respondent's answering brief and the brief of the amicus curiae shall be served and filed on or before 10:00 A.M. on Friday, February 3, 2006; and it is further,

ORDERED that the appellants' respective reply briefs, if any, shall be served and filed on or before 10:00 A.M. on Wednesday, February 8, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34987

JEP/nl

2005-11866 New York City Transit Authority, et al., respondents, v Transport Workers Union of America, AFL-CIO, et al., defendants, Local 100 of Transport Workers Union of America, AFL-CIO, appellant. (Index No. 37469/05)

SECOND AMENDED SCHEDULING ORDER

Appeal by Local 100 of Transport Workers Union of America, AFL-CIO, from an order of the Supreme Court, Kings County, dated December 20, 2005, as amended December 21, 2005. Pursuant to § 670.4(a)(1) of the Rules of this court (22 NYCRR 670.4[a][1]), it is

ORDERED that, upon the application of the appellant, the amended scheduling order dated December 23, 2005, is hereby further amended by deleting the second, third and fourth decretal paragraphs thereof, and by substituting therefor the following decretal paragraphs:

ORDERED that the appellant's brief shall be served and filed on or before 10:00 a.m. on Friday, January 27, 2006; and it is further,

ORDERED that the respondents' answering brief and brief of the amicus curiae shall be served and filed on or before 10:00 a.m. on Friday, February 3, 2006; and it is further,

ORDERED that the reply brief, if any, shall be served and filed on or before 10:00 a.m. on Wednesday, February 8, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34925

J/sl

2005-05430, 2005-05432, 2005-10538 John Nieves, Jr., appellant, v City of New York, respondent, et al., defendant. (Index No. 49135/98)

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 three orders of the Supreme Court, Kings County, entered November 12, 2004, May 17, 2005, and October 21, 2005, respectively.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 24, 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

M34954

CF/

2005-07164 Lucille A. Oissar, et al., appellants, v Katie J. Gilchrist, et al., respondents. (Index No. 2414/02)

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 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

M34951

A/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-10493, 2005-10494 People of the State of New York, respondent, v Ted McCracken, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to extend his time to file a notice of appeal pursuant to CPLR 5520(a) from two orders of the Supreme Court, Suffolk County, both dated June 14, 2005.

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

ORDERED that the motion is denied as unnecessary, as the notice of appeal was timely filed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34948

Y/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-06007 Marc A. Pergament, etc., appellant, v Alfred J. Roach, et al., defendants, Ronald I. Heller, et al., respondents. (Index No. 16425/01)

DECISION & ORDER ON MOTION

Motion by Graubard Miller, the attorney for respondent M.H. Meyerson & Co., n/k/a Crown Financial Group, Inc., inter alia, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Nassau County, dated May 13, 2005, and to fix fees owed by M.H. Meyerson & Co., n/k/a Crown Financial Group, Inc., to Graubard Miller.

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 to relieve Graubard Miller is granted; Graubard Miller is relieved from representing M.H. Meyerson & Co., n/k/a Crown Financial Group, Inc., with respect to the instant appeal; and it is further,

ORDERED that on or before February 6, 2006, Graubard Miller is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that no further proceedings shall be taken against M.H. Meyerson & Co., n/k/a Crown Financial Group, Inc., without leave of the court, until the expiration of 30 days after service upon it of a copy of this decision and order; and it is further,

 ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until March 8, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents shall serve and file their brief on or before April 13, 2006; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before April 28, 2006; and it is further,

ORDERED that the branch of the motion which is to fix the amount of attorneys' fees owed by M.H. Meyerson & Co., n/k/a Crown Financial Group, Inc., is denied without prejudice to seeking relief in the Supreme Court, Nassau County; 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

M34946

CF/

2005-10278 Karen Pizzarello, et al., appellants, v Harrison Central School District, et al., respondents. (Index No. 8238/05)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated September 27, 2005.

Upon the stipulation of the parties, dated January 4, 2006, it is

ORDERED that the appeal by Strauss Paper Co., Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34939

CF/

2005-08868 John Pohorelec, et al., plaintiffs-respondents, v Hobart Corporation, defendant-respondent, NRI Construction, et al., defendants-appellants (and third and fourth party actions). (Index No. 14648/97)

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 July 6, 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

M34913

A/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-02512 Juan Rivera, appellant, v State of New York, respondent. (Claim No. 109220)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Court of Claims, dated February 18, 2005, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the appendix on the appeals, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to waive the requirements regarding certification of the record on the appeals is granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appendix and brief deposited with the Clerk of this court are accepted for filing; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file its brief is enlarged until February 22, 2006, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34957

A/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2004-08186 STED Tenants Owners Corp., respondent, v Alphonso Chumpitaz, et al., appellants. (Index No. 25056/02)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated August 2, 2004, which was determined by decision and order of this court dated November 7, 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.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34945

CF/

2005-03572 George Sabinas, appellant, v Luis A. Hernandez, et al., respondents. (Index No. 23352/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw his appeal from an order of the Supreme Court, Kings County, dated January 19, 2005, insofar as asserted against Luis A. Hernandez and Felix A. Reyes.

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 insofar as asserted against Luis A. Hernandez and Felix A. Reyes is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34942

J/sl

2005-04211 Snapper Realty, LLC, respondent, v Duane Reade, et al., appellants. (Index No. 2869/03)

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 and judgment (one paper) of the Supreme Court, Queens County, dated March 1, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 30, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34967

CF/

2005-08425 Temple Bnai Sholom of Great Neck, appellant, v Village of Great Neck Estates, et al., respondents, et al., defendants. (Index No. 13603/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 2, 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

M34927

Y/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-06402 Keiko Wicksman, etc., respondent, v Nassau County Health Care Corporation, et al., appellants. (Index No. 17462/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated May 17, 2005.

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

ORDERED that the motion is denied.

CRANE, J.P., GOLDSTEIN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34922

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2005-04727 Carol W. Zorn, appellant, v Rita K. Gilbert, etc., et al., respondents. (Index No. 08768/01)

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, Westchester County, dated March 16, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 24, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34955

S/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2006-00338 In the Matter of Yoel B. (Anonymous). (Docket No. D-20301-05)

DECISION & ORDER ON MOTION

Appeal by Yoel B. from a fact-finding order of the Family Court, Kings County, dated December 15, 2005.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the fact-finding order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).

CRANE, J.P., GOLDSTEIN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34872

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GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-05616, 2004-05617 In the Matter of Joan Marie Fotiades, deceased. Gregory W. Fotiades, petitioner-respondent; David Bart Moskoff, appellant, et al., respondent. (File No. 519/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue appeals from two orders of the Surrogate's Court, Suffolk County, both dated June 23, 2004, which were determined by decision and order of this court dated September 6, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and to have Associate Justice Robert A. Lifson recuse himself from all proceedings in the above-entitled 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.

KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34874

T/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-05616, 2004-05617 In the Matter of Joan Marie Fotiades, deceased. Gregory W. Fotiades, petitioner-respondent; David Bart Moskoff, appellant, et al., respondent. (File No. 519/01)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Surrogate's Court, Suffolk County, both dated June 23, 2004, inter alia, to supplement the record with an affidavit of John P. Graffeo, dated October 21, 2002. By decision and order on motion of this court dated April 27, 2005, the branch of the motion which was to supplement the record was held in abeyance and was referred to the Justices hearing the appeals for determination upon the argument or submission thereof.

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

ORDERED that the branch of the motion which is to supplement the record is granted, and the affidavit of John P. Graffeo was considered in the determination of the appeals.

KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34940

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THOMAS A. ADAMS, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-04770, 2006-00320 In the Matter of Abraham Friedman appellant, v Lilly Friedman, respondent. (Docket Nos. V-5009-97, V-17905-99, V-5251-94)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from two orders of the Family Court, Kings County, dated April 14, 2005, and August 24, 2005, respectively, to (1) direct that he have visitation with his grandson, (2) for leave to reargue his motion for leave to prosecute the appeal from the order dated April 14, 2005, as a poor person, which was determined by decision and order on motion of this court dated July 21, 2005, and (3) for leave to prosecute the appeal from the order dated August 24, 2005, as a poor person.

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

ORDERED that the branches of the motion which are to direct that he have visitation with his grandson and for leave to reargue are denied; and it is further,

ORDERED that the branches of the motion which are for the waiver of fees, a free transcript, and the assignment of counsel on the appeal from the order dated August 24, 2005, are denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated August 24, 2005, on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d][1]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34953

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STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-07036 In the Matter of Martin Kashetsky, respondent- appellant, v Tino Hernandez, etc., appellant- respondent. (Index No. 37127/04)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated June 6, 2005.

Now, on the court's own motion, it is

ORDERED that the appeal and cross appeal are dismissed, without costs or disbursements, as the order is not appealable as of right and the court declines to grant leave to appeal (see CPLR 5701[b][1]).

CRANE, J.P., GOLDSTEIN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34926

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2005-03946 In the Matter of Richard Kouns, II, etc., et al., respondents, v Angelo Petrone, etc., appellant. (Index No. 00173/05)

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 and judgment (one paper) of the Supreme Court, Westchester County, dated March 28, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 23, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34959

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-10105 In the Matter of Nilynda Ivory S. (Anonymous). Suffolk County Department of Social Services, respondent; Roxanne S. (Anonymous), appellant. (Docket No. N-17306-05)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Family Court, Suffolk County, dated October 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 deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34976

CF/

2005-09565 In the Matter of Michele Starczewski, respondent, v Kevin G. McLaughlin, appellant. (Docket No. F-715-05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau 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

M34952

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STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

1992-07174 The People, etc., respondent, v Roberto Garcia, appellant. (Ind. No. 2155/92)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the Supreme Court, Queens County, rendered September 17, 1992. The appeal has not been perfected. By order to show cause dated November 30, 2005, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that he has abandoned the appeal.

Now, on the court's own motion and no papers having been filed in opposition thereto, it is

ORDERED that the appeal is dismissed (see CPL 470.60; 22 NYCRR 670.8[f]).

CRANE, J.P., GOLDSTEIN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34929

F/

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-11713 The People, etc., respondent, v William Gill, appellant. (Ind. No. 1216/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens County, rendered July 6, 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 appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Queens County, rendered July 6, 2005.

CRANE, J.P., GOLDSTEIN, LUCIANO, and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34933

F/

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-11311 The People, etc., plaintiff, v Wesley Keene, defendant. (Ind. No. 150-03)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered May 11, 2004, for leave to prosecute the appeal 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 denied (see CPL 460.30[1]).

CRANE, J.P., GOLDSTEIN, LUCIANO, and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 2869

Auburn Corr. Fac.

Box 618

Auburn, New York 13024

Appellate Division: Second Judicial Department

M34924

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2005-05849 The People, etc., respondent, v Raul LaGuerre, appellant. (Index No. 574/04)

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 a judgment of the County Court, Orange County, rendered May 25, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 20, 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

M34932

F/

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-11850 The People, etc., plaintiff, v Eric Lee, defendant. (Ind. No. 2318-05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Suffolk County, rendered February 26, 2004.

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

ORDERED that the motion is denied (see CPL 460.30[1]).

CRANE, J.P., GOLDSTEIN, LUCIANO, and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34928

F/

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2004-10453 The People, etc., respondent, v Chauncy Ramos, appellant. (Ind. No. 04-00310)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an

appeal from a judgment of the County Court, Westchester County, rendered November 16, 2004.

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

ORDERED that the motion is denied.

CRANE, J.P., GOLDSTEIN, LUCIANO, and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34935

F/

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-11851 The People, etc., respondent, v Rabindra Singh, appellant. (Ind. No. 207/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered June 16, 2005, and for leave to prosecute the appeal 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 and relation thereto, it is

ORDERED that the branch of the motion which is to extend the time to take the appeal is granted; and it is further,

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

ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

CRANE, J.P., GOLDSTEIN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court