Appellate Division: Second Judicial Department

M35115

D/sl

2005-07397 Eileen Awerman, appellant, v Stephen Awerman, respondent. (Index No. 7501/01)

ORDER ON APPLICATION

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

M35113

D/sl

2005-07134 Marie Casimir, et al., appellants, v Yehuda Bar-Zvi, etc., et al., respondents. (Index No. 5722/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated June 28, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 17, 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

M34999

D/sl

2005-07105 Judy Yuh Neu Chou, appellant, v A to Z Vending Service Corp., defendant third-party plaintiff-respondent; Rupert Stewart, third-party defendant-respondent. (Index No. 22936/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated July 7, 2005.

ORDERED that the application is granted and the appellant's 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

M35119

D/sl

2005-07820 Chui Fong Lam, respondent, v Spring Scaffolding, Inc., et al., appellants. (Index No. 15298/03)

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 February 17, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 28, 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

M35123

D/sl

2005-09615 Elba Bernardo Fernandez, plaintiff-respondent, v Madmorg Realty Corp., appellant, Nash Holdings, Inc., defendant, Chalfont Construction Corp., defendant-respondent. (Index No. 20979/03)

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, Queens County, dated August 24, 2005.

ORDERED that the application is granted and the defendant-respondent's time to serve and file a brief is enlarged until February 6, 2006, and the defendant-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

M35091

T/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-07280 Rocco Giannattasio, appellant, v Han Suk Kang, et al., respondents. (Index No. 38610/01)

DECISION & ORDER ON MOTION

Motion by the respondent New York City Off Track Betting Corp. on an appeal from a judgment of the Supreme Court, Kings County, entered July 25, 2005, to enlarge the record on appeal to include certain documents, to enlarge its time to serve and file a brief, and to postpone the oral argument of the instant 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 to enlarge the record is granted to the extent that on or before February 16, 2006, the respondent New York City Off Track Betting Corp. shall serve and file a supplemental record containing the notice of claim dated May 8, 2001, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time of the respondent New York City Off Track Betting Corp. to serve and file a brief is granted, and the time of the respondent New York City Off Track Betting Corp. to serve and file a brief is enlarged until February 16, 2006, and the brief of the respondent New York City Off Track Betting Corp. shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to postpone oral argument is denied as unnecessary, as oral argument has not yet been scheduled.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35131

D/sl

2005-04688 Eric Goldfine, et al., appellants-respondents, v Michael Sichenzia, et al., defendants, Old Republic Insurance Co., respondent-appellant. (Index No. 817/01)

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, Putnam County, dated March 24, 2005, and cross application by the respondent-appellant for the same relief.

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

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until March 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 its answering brief, including its points of argument on the cross appeal, on or before April 7, 2006 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the appellants-respondents' reply brief shall be served and filed 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

M35153

S/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-08496, 2005-01124 Conrad Green, respondent, v Louise Green, et al., appellants. (Index No. 10037/93)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 11, 2005, in the above-entitled case is amended by deleting from the preamble thereof the words "two orders of the Supreme Court, Queens County, dated December 17, 2004, and January 4, 2005," and substituting therefor the following: "an order and judgment (one paper) of the Supreme Court, Queens County, dated August 7, 2004, and an order of the same court dated December 17, 2004,".

FLORIO, J.P., CRANE, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35116

D/sl

2005-07007 Hambleton Investment Limited, respondent, v John Bruschetti, et al., appellants. (Index No. 699/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, dated July 1, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 7, 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

M35148

O/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-04204, 2005-06340 Barbara Harrington, appellant, v Tracey Glen Toback, et al., respondents. (Index No. 329/00)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from an order and a judgment of the Supreme Court, Dutchess County, dated March 14, 2005, and May 26, 2005, respectively, and, in effect, to enlarge the time to perfect the appeals, and cross motion by the respondents to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated with the entry of the judgment in the action, and to dismiss the appeal from the judgment for failure to timely perfect the same.

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

ORDERED that the branch of the cross motion which is to dismiss the appeal from the order is granted, and the appeal is dismissed, without costs or disbursements (see Matter of Aho 39 NY2d 241, 248); and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal from the judgment is denied; and it is further,

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

ORDERED that the appellant's time to perfect the appeal from the judgment is enlarged until March 10, 2006, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branches of the motion which are to enlarge the time to perfect the appeal from the order and to consolidate the appeals are denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35125

D/sl

2005-05828 Hartford Insurance Company, respondent, v City of New York, et al., appellants. (Index No. 34056/02)

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 an order of the Supreme Court, Kings County, dated April 6, 2005.

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

M35127

D/sl

2005-03788 Ramona Hodges, respondent, v Wayne Hodges, appellant. (Index No. 203881/01)

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 and judgment (one paper) of the Supreme Court, Nassau County, dated March 9, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 8, 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

M35146

O/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

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

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated April 10, 2003, which was determined by opinion and order of this court dated October 11, 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.

H. MILLER, J.P., SCHMIDT, CRANE, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35138

J/sl

2005-04007 Adeline Latopolski, etc., appellant, v William John Rudge IV, etc., et al., respondents. (Index No. 31370/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated

January 6, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 3, 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

M35114

D/sl

2005-07751 Debra A. McQueen, et al., respondents, v Paul H. Cohen, etc., appellant, et al., defendants. (Index No. 46186/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated July 25, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 28, 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

M35118

D/sl

2005-07355 Meagan Murray, et al., petitioners-respondents, v Harry L. Weisenfeld, et al., respondents- respondents, Ari Dubov, appellant. (Index No. 11833/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an amended order of the Supreme Court, Richmond County, dated June 28, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 22, 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

M35067

D/sl

2005-07048 Samuel Neuman, respondent, v Zurich North America, a/k/a Zurich North American Insurance Company, et al., defendants, Norwest Bank Minnesota, et al., appellants. (Index No. 3104/04)

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 of the Supreme Court, Kings County, dated May 20, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 9, 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

M35110

D/sl

2005-06498 George Pasquaretto, appellant, v Hope Cohen, et al., respondents. (Index No. 5987/03)

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, dated April 12, 2005.

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

M35064

M/nal

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM A. MASTRO

STEVEN W. FISHER, JJ.

2005-08352 Salvatore Piliere, appellant, v Deborah Nocilla, respondent. (Index No. 09483/04)

DECISION & ORDER ON MOTION

Appeal by Salvatore Piliere from an order of the Supreme Court, Suffolk County, dated August 10, 2005. By order to show cause dated December 21, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled action for failure to comply with a scheduling order dated September 23, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated September 23, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35133

J/sl

2005-04464 S & I Property Management, LLC, etc., plaintiff respondent-appellant, v Montague-Lee Limited Partnership, defendant third-party plaintiff appellant-respondent; Kwang N. Park, third-party defendant-respondent, et al., third-party defendants. (Index No. 350787/03)

ORDER ON APPLICATION

Application by the appellant-respondent 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 April 4, 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 February 21, 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 its answering brief, including its 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

M35140

T/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

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

DECISION & ORDER ON MOTION

Motion by the respondent Elverado Destin to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 19, 2005, on the ground that the notice of appeal was not timely filed.

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

ORDERED that the motion is granted and the appeal is dismissed, 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

M35135

J/sl

2005-06240 John J. Sexton, appellant, v City of New York, respondent. (Index No. 19304/03)

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 May 20, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 23, 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

M35139

O/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-06970, 2005-10054 Jeannine Smith, respondent, v Leroy Mitchell, et al., appellants. (Index No. 4286/03)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Nassau County, dated June 1, 2005, and October 6, 2005, respectively, for this court to take judicial notice of an order of the same court dated May 11, 2005.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35136

J/sl

2005-07408 George Taylor, appellant, v Raleigh Hotel Corporation, respondent. (Index No. 9981/03)

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 June 20, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 22, 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

M35128

D/sl

2005-09822 In the Matter of AIG Centennial Insurance Company, petitioner-respondent, v Rangasammy Chunasamy, et al., respondents-respondents, State Farm Mutual Insurance Company, appellant, et al., respondent. (Index No. 12724/04)

ORDER ON APPLICATION

Application by the petitioner-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, Queens County, dated July 8, 2005.

ORDERED that the application is granted and the petitioner-respondent's time to serve and file a brief is enlarged until March 3, 2006, and the petitioner-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

M35165

S/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-02820 In the Matter of Jalil Adbur-Raheem, etc., appellant, v Glenn S. Goord, etc., et al., respondents. (Index No. 4357/04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated January 19, 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 pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated January 5, 2005, as a poor person, to waive the filing fee, and for the assignment of counsel.

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

ORDERED that on the court's own motion so much of the decision and order of this court dated November 10, 2005, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - October 2005 Calendar", as dismissed the above-entitled appeal is recalled and vacated and the appeal is reinstated; and it is further,

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee and for the assignment of counsel is denied; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until March 31, 2006; and it is further,

ORDERED that if the appeal is not perfected by March 31, 2006, the appeal will be dismissed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35063

M/nal

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM A. MASTRO

STEVEN W. FISHER, JJ.

2005-10125, 2005-10127 In the Matter of Tarrel William B. (Anonymous), a/k/a Tarrel B. (Anonymous), a/k/a Tarrell B. (Anonymous). Little Flower Children's Services, respondent; Lekitia W.(Anonymous), a/k/a Lekitia B. (Anonymous), a/k/a Lekitia McK. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Tamaine William B. (Anonymous), a/k/a Tamaine B. (Anonymous), a/k/a Tamaine McK. (Anonymous), a/k/a Tamaine W. (Anonymous). Little Flower Children's Services, respondent; Lekitia W.(Anonymous), a/k/a Lekitia B. (Anonymous), a/k/a Lekitia McK. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-76-05, B-77-05)

DECISION & ORDER ON MOTION

Appeals by Lekitia W. from two orders of the Family Court, Kings County, both dated September 27, 2005. By order to show cause dated December 21, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with a scheduling order dated November 4, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with a scheduling order dated November 4, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35111

D/sl

2005-07156 In the Matter of Domenick Ciccotto, deceased. Connors & Sullivan, P.C., nonparty appellant; Public Administrator of Queens County, respondent. (File No. 141/03)

ORDER ON APPLICATION

Application by the nonparty appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment of the Surrogate's Court, Queens County, dated June 15, 2005.

ORDERED that the application is granted and the nonparty appellant's time to perfect the appeal is enlarged until February 9, 2006, and the record or appendix on the appeal and the nonparty 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

M35071

D/sl

2005-05483 In the Matter of Anthony M. Correnti, appellant, v Suffolk County District Attorney, respondent. (Index No. 2519/04)

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, Suffolk County, dated April 15, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 17, 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

M35033

M/nal

2005-07531 In the Matter of Lucius D. (Anonymous). Administration for Children's Services, petitioner-respondent; Sabrina B.-M. (Anonymous), appellant; Lucius D. (Anonymous),respondent. (Proceeding No. 1) In the Matter of Trinity D. (Anonymous). Administration for Children's Services, petitioner-respondent; Sabrina B.-D. (Anonymous), appellant; Lucius D. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. N- 9347-04, N- 9348-04)

ORDER TO SHOW CAUSE

Appeal by Sabrina B.-D. from an order of the Family Court, Queens County, dated June 29, 2005. By decision and order on motion of this court dated December 8, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before January 9, 2006. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before February 10, 2006; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35029

M/nal

2005-09872 In the Matter of Renee Elizabeth D. (Anonymous). v Westchester County Department of Social Services, respondent; George D. (Anonymous), appellant. (Docket No. B-1969/05)

ORDER TO SHOW CAUSE

Appeal by George D. from an order of the Family Court, Westchester County, dated August 2, 2005. By decision and order on motion of this court dated December 5, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before January 9, 2006. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before February 10, 2006; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34997

M/nal

2005-09288 In the Matter of Nicholas Dellolio, et al., petitioners-respondents, v Brian Tracy, respondent, Lori Tracy, appellant. (Docket Nos. V-384-05, V-1097-05)

SCHEDULING ORDER

Appeal by Lori Tracy from an order of the Family Court, Rockland County, dated August 23, 2005. By decision and order on motion of this court dated January 10, 2006, the following attorney was assigned as counsel on the appeal:

Matthew Tully, Esq.

3 Wembly Court

Albany, New York 12205

(518) 218-7100

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated January 10, 2006, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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

M35121

D/sl

2005-06204 In the Matter of ELRAC, Inc., d/b/a Enterprise Rent-A-Car, etc., et al., petitioners-respondents, v Nashon Holder, appellant, Geico Insurance Company, proposed additional respondent. (Index No. 29428/04)

ORDER ON APPLICATION

Application by the proposed additional 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, Kings County, dated May 6, 2005.

ORDERED that the application is granted and the proposed additional respondent's time to serve and file a brief is enlarged until February 24, 2006, and the proposed additional 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

M35117

D/sl

2005-06830 In the Matter of Moses Eisig, a/k/a Moshe Eisig, a/k/a Morris Eisig, deceased. Hadasa Sauberman, respondent; Eyal Eisig, et al., appellants. (File No. 541/03)

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 Surrogate's Court, Rockland County, dated June 13, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 6, 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

M35066

M/nal

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM A. MASTRO

STEVEN W. FISHER, JJ.

2005-10239 In the Matter of Dorothy Grant, respondent, v Arthur G. Grant, appellant. (Docket No. U-02599-05)

DECISION & ORDER ON MOTION

Appeal by Arthur G. Grant from an order of the Family Court, Westchester County, dated October 14, 2005. By order to show cause dated December 20, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated November 4, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated November 4, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35070

M/nal

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM A. MASTRO

STEVEN W. FISHER, JJ.

2005-08377 In the Matter of Frankie Lopez, appellant, v Jannette Hernandez, respondent. (Docket No. F-31316-04)

DECISION & ORDER ON MOTION

Appeal by Frankie Lopez from an order of the Family Court, Kings County, dated June 23, 2005. By order to show cause dated December 22, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated November 7, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated November 7, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35037

M/nal

2005-03638, 2005-03639 In the Matter of William M. (Anonymous). Westchester County Department of Social Services, respondent; Lisa M. (Anonymous), a/k/a Lisa C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ella M. (Anonymous). Westchester County Department of Social Services, respondent; Lisa M. (Anonymous), a/k/a Lisa C. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Hunter M. (Anonymous). Westchester County Department of Social Services, respondent; Lisa M. (Anonymous), a/k/a Lisa C. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-15568-03, N-10951-04, N-10952-04, NA-11453-04)

SCHEDULING ORDER

Appeals by Lisa M., a/k/a Lisa C. from two orders of the Family Court, Westchester County, both dated March 14, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 8, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeals is enlarged until February 17, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34107

M/nal

2005-11569 In the Matter of James Mooney, appellant-respondent, v Cheryl Ferone, respondent-appellant. (Docket Nos. V-2264/04, V-2271/04, V-4235/04, V-4432/04)

SCHEDULING ORDER

Appeal and cross appeal from an order of the Family Court, Dutchess County, dated November 7, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal and cross appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Family Court, and the appellant-respondent or the respondent-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-respondent shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant-respondent or the respondent-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 party, 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/or cross 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 and/or the cross-appeal shall 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

M35054

M/nal

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM A. MASTRO

STEVEN W. FISHER, JJ.

2005-03765 In the Matter of Jennifer R. (Anonymous). Suffolk County Department of Social Services, respondent; Steven R. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Steven R. (Anonymous). Suffolk County Department of Social Services, respondent; Steven R. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. B-11328-03, B-11329-03, B-11334-03, B-11335-03)

SCHEDULING ORDER

Separate appeals by Steven R. and Gordana K. from an order of the Family Court, Suffolk County, dated January 31, 2005. The brief of the appellant Gordana K. was served and filed on December 9, 2005, and the brief of the appellant Steven R. was served and filed on December 12, 2005. 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 February 24, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35004

M/nal

2005-08375 In the Matter of Rashawn R. (Anonymous), appellant. (Docket No. D-08386/05)

SCHEDULING ORDER

Appeal by Rashawn R. from an order of the Family Court, Queens County, dated August 10, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 28, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35167

S/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-11211, 2005-11212 In the Matter of Candace S. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Derrick S. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Cedric S. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Derrick S. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Dylen S. (Anonymous). Dutchess of County Department of Social Services, petitioner-respondent; Derrick S. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) (Docket Nos. N-06917-04, N-06918-04, N-06919-04, N-06920-04, N-06921-04, N-06922-04) In the Matter of Letitia S. (Anonymous), respondent, v Derrick S. (Anonymous), appellant. (Proceedings No. 4 and 5) (Docket Nos. O-06565-04, V-06619-04, V-06620-04, V-06621-04)

DECISION & ORDER ON MOTION Motion for Poor Person Relief

On the court's own motion, it is

ORDERED that its decision and order on motion dated January 10, 2006, in the above-entitled matter is amended by deleting from the caption thereof the words "(Proceeding No. 4)", and substituting therefor the words "(Proceedings No. 4 and 5)".

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35010

M/nal

2005-11211, 2005-11212 In the Matter of Candace S. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Derrick S. appellant, et al., respondent. (Proceeding No. 1) In the Matter of Cedric S. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Derrick S. appellant, et al., respondent. (Proceeding No. 2) In the Matter of Dylen S. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Derrick S. appellant, et al., respondent. (Proceeding No. 3) (Docket Nos. N-06917-04, N-06918-04, N-06919-04, N-06920-04, N-06921-04, N-06922-04, In the Matter of Letitia S. (Anonymous), respondent, v Derrick S. (Anonymous), appellant. (Proceedings No. 4 and 5) (Docket Nos.O-06565-04, V-06619-04, V-06620-04, V-06621-04)

SCHEDULING ORDER

Appeals by Derrick S. from two orders of the Family Court, Dutchess County, dated August 16, 2005, and October 7, 2005, respectively. By decision and order on motion of this court dated January 10, 2006, the following attorney was assigned as counsel on the appeals:

Neal D. Futerfas, Esq.

50 Main Street - Suite 1000

White Plains, New York 10606

(914) 682-2171

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court 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 the order of this court dated January 10, 2006, has been served upon the clerk of the court from which the appeals are taken, 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

M35126

D/sl

2005-03840 In the Matter of Anthony Smith, appellant, v Kingsboro Psychiatric Center, et al., respondents. (Index No. 28477/04)

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 28, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 8, 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

M35069

D/sl

2005-07563 In the Matter of State Farm Automobile Insurance Company, respondent, v Joseph Scaturro, appellant. (Index No. 6934/03)

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, Queens County, dated May 24, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 30, 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

M34977

M/nal

2005-11215 In the Matter of Maria B. Vasconcellos, respondent, v Walter Vasconcellos, appellant. (Docket No. F-00799-96)

SCHEDULING ORDER

Appeal by Walter Vasconcellos from an order of the Family Court, Westchester County, dated November 4, 2005. By decision and order on motion of this court dated January 6, 2006, the following attorney was assigned as counsel on the appeal:

Anne R. Mueller, Esq.

222 Mamaroneck Avenue - Suite 104

White Plains, New York 10605

(914) 949-0777

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated January 6, 2006, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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

M34978

M/nal

2005-11297 In the Matter of Tyria W. (Anonymous). Nassau County Department of Social Services, respondent; Julie W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Shakia W. (Anonymous). Nassau County Department of Social Services, respondent; Julie W. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Tyreek W. (Anonymous). Nassau County Department of Social Services, respondent; Julie W. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-10743-04, B-10744-04, B-10745-04)

SCHEDULING ORDER

Appeal by Julie W. from an order of the Family Court, Nassau County, dated October 26, 2005. By decision and order on motion of this court dated January 10, 2006, the following attorney was assigned as counsel on the appeal:

Judith Ellen Stone, Esq.

2819 Harbor Road

Merrick, New York 11566

(516) 623-0897

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; 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 the order of this court dated January 10, 2006, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M35038

M/nal

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM A. MASTRO

STEVEN W. FISHER, JJ.

2005-05327 In the Matter of Willie W. (Anonymous), appellant. (Docket No. D-6439-05)

SCHEDULING ORDER

Appeal by Willie W. from an order of the Family Court, Queens County, dated May 31, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 17, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35001

M/nal

THOMAS A. ADAMS, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-09227 In the Matter of Felicita Vazquez Williams, respondent, v Vincent T. Williams, appellant. (Docket Nos. V-2976-95, V-2977-95, V-1160-00, O-10633-05)

SCHEDULING ORDER

Appeal by Vincent T. Williams from an order of the Family Court, Suffolk County, dated August 24, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 10, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35151

O/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-03926, 2004-06370 The People, etc., respondent, v Ronald Ackridge, appellant. (Ind. No. 02-06168)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to preclude the respondent from filing a brief in response to his supplemental brief on appeals from a judgment of the Supreme Court, Westchester County, rendered April 17, 2003, and an order of the same court dated May 27, 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; and it is further,

ORDERED that the respondent shall serve and file a brief in response to the appellant's supplemental brief on or before February 17, 2006.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35142

T/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2004-09799 The People, etc., respondent, v Roberto Bautista, appellant. (Ind. No. 3189/02)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Queens County, rendered October 15, 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 with leave to renew on or before March 27, 2006, the appellant either (1) perfects the appeal; (2) retains counsel and notifies this court in writing of the name, address, and telephone number of such retained counsel; or (3) makes a motion for poor person relief and the assignment of counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35134

J/sl

2004-00020 The People, etc., respondent, v Brendan Cochrane, appellant. (Ind. No. 13808/95)

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 a judgment of the Supreme Court, Kings County, rendered November 26, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 31, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35155

F/

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2005-11082 The People, etc., respondent, v Carlos Coreas, appellant. (Ind. No. 1581/05)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered October 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 relation thereto, it is

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

 ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Leon Tracy, Esq.

366 N. Broadway - Suite 410 - #D9

Jericho, New York 11753-2826

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

 ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 4578

Ulster Corr. Fac.

P.O. Box 800

Napanoch, New York 12448

Appellate Division: Second Judicial Department

M35149

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-11693 The People, etc., respondent, v Robert DeRosario, appellant. (Ind. No. 05-00078)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered November 15, 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 relation thereto, it is

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

David J. Squirrell, Esq.

15 Court Road

P.O. Box 101

Bedford, New York 10506

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

00 A 4424

Green Haven Corr. Fac.

594 Route 216

P.O. Box 4000

Stormville, New York 12582-4000

Appellate Division: Second Judicial Department

M35160

F/

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-04580 The People, etc., respondent, v Michael Eckert, appellant. (S.C.I. No. 402/03)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Nassau County, rendered April 14, 2003.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M34963

F/

DANIEL F. LUCIANO, J.

2005-09029 The People, etc., plaintiff, v George Elliott, defendant. (Ind. No. 1505/96)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 1, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

DANIEL F. LUCIANO

Associate Justice

Appellate Division: Second Judicial Department

M35141

T/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-03435 The People, etc., respondent, v Manuel Gonzalez, appellant. (Ind. No. 481/03)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Queens County, rendered March 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 with leave to renew unless on or before March 8, 2006, the appellant either (1) perfects the appeal; (2) retains counsel and notifies this court in writing of the name, address, and telephone number of such retained counsel; or (3) makes a motion for poor person relief and the assignment of counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M35163

F/

GABRIEL M. KRAUSMAN, J.

2005-03326 The People, etc., plaintiff, v Dean Johnson, defendant. (Ind. No. 5118/91)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated January 26, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

GABRIEL M. KRAUSMAN

Associate Justice

Appellate Division: Second Judicial Department

M35144

E/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-08188 The People, etc., respondent, v Eliseo Lugo, Jr., appellant. (Ind. No. 120/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Nassau County, rendered May 29, 2003, for leave to file exhibits to his supplemental brief.

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

ORDERED that the motion is granted, and on or before March 13, 2006, the appellant shall serve and file nine copies of the exhibits; and it is further,

ORDERED that on or before April 12, 2006, the respondent shall file with the Clerk of this court all medical exhibits introduced into evidence at trial.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 4864

Altona Corr. Fac.

555 Devils Den Road

Altona, New York 12910

Appellate Division: Second Judicial Department

M35158

F/

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2005-11286 The People, etc., respondent, v Kenyon A. Nolcox, appellant. (Ind. No. 05-00789)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered November 14, 2005, 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, 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, and (2) 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35156

F/

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2005-11593 The People, etc., respondent, v Albert Norworthy, appellant. (Ind. No. 659/05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered November 16, 2005, 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, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35152

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-10929, 2005-10930 The People, etc., respondent, v Philip Penna, appellant. (Ind. Nos. 1665-05, 2496-05)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute appeals from two judgments of the Supreme Court, Suffolk County, both rendered November 1, 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 relation thereto, it is

ORDERED the motion is granted; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeals, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 5776

Wyoming Corr. Fac.

P.O. Box 501

Attica, New York 14011-0501

Appellate Division: Second Judicial Department

M35159

F/

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2005-11440, 2005-11441 The People, etc., plaintiff, v Samuel Perez, defendant. (Ind. Nos. 5913/03, 2473/04)

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 appeals from two judgments of the Supreme Court, Kings County, both rendered July 28, 2005, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 4621

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M35157

F/

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-02284 The People, etc., respondent, v Raymond Sadler, appellant. (Ind. No. 3244/02)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered February 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, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35143

T/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-05023 The People, etc., respondent, v Ben Scott, appellant. (Ind. No. 6551/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, dated June 17, 2003.

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

ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before March 20, 2006; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35154

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-11318 The People, etc., respondent, v Jose Torres, appellant. (Ind. No. 2185-03)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered November 9, 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 relation thereto, it is

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 2512

Green Haven Corr. Fac.

P.O. Box 4000

Stormville, New York 12582-0010

Appellate Division: Second Judicial Department

M35150

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-11707 The People, etc., respondent, v Jose T. Vere, appellant. (Ind. No. 89/05)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered December 8, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Carol Kahn, Esq.

225 Broadway - Suite 1510

New York, New York 10007

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

150 N. Hamilton Street

Poughkeepsie, New York 12601

Appellate Division : Second Judicial Department

M35161

F/

REINALDO E. RIVERA, J.

2005-11054 The People, etc., plaintiff, v Kirk Williams, defendant. (Ind. No. 1473/99)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated October 12, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

REINALDO E. RIVERA

Associate Justice