Appellate Division: Second Judicial Department

M36164

S/sl

2005-08537 John Brinson, etc., et al., respondents, v Queens Long Island Medical Group, P.C., et al., defendants, NYC Health & Hospital Corporation, et al., appellants. (Index No. 21498/98)

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, Queens County, dated July 11, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 23, 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

M36166

O/sl

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-03868, 2004-03869 William Bryant, appellant, v State of New York, respondent. (Claim No. 103376)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from a decision and order of this court dated November 28, 2005, which determined appeals from a decision and a judgment of the Court of Claims, dated March 25, 2004, and April 12, 2004, respectively.

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 following question is certified to the Court of Appeals: Was the decision and order of this court dated November 28, 2005, properly made?

Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

SCHMIDT, J.P., KRAUSMAN, GOLDSTEIN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36161

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2005-07946 Gabriela Bunea, et al., appellants, v Joseph Cahaly, etc., respondent. (Index No. 2252/99)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 13, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36158

S/sl

GABRIEL M. KRAUSMAN, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-08684, 2005-08685, 2005-08686 Frank F. Cangro, respondent, v Jennifer Cangro, appellant. (Index No. 5660/01)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to CPLR 670.8(d)(2) to enlarge the time to perfect appeals from (1) a judgment of the Supreme Court, Richmond County, dated July 29, 2005, (2) findings of fact and conclusions of law of the same court also dated July 29, 2005, and (3) a Qualified Domestic Relations Order of the same court, also dated July 29, 2005.

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

ORDERED that the appeal from the findings of fact and conclusions of law (Appellate Division Docket No. 2005-08685) is dismissed, without costs or disbursements, as no appeal lies from findings of fact and conclusions of law (see Benedetto v O'Grady, 10 AD2d 628); and it is further,

ORDERED that the appeal from the Qualified Domestic Relations Order (Appellate Division Docket No. 2005-08686) is dismissed, without costs or disbursements, as that order is not appealable as of right and leave to appeal has not been granted (see Biglin v Biglin, 2 AD3d 380); and it is further,

 ORDERED that the appeal from the judgment (Appellate Division Docket No. 2005-08684) is dismissed, without costs or disbursements, as no appeal lies from a judgment entered upon the consent of the parties (see Matter of Brouwer v Pacicca, 291 AD2d 448), without prejudice to the appellant moving in the Supreme Court, Richmond County, to vacate the judgment.

KRAUSMAN, J.P., RIVERA, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36174

O/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-01670 Diane Carter, et al., appellants, v City of New York, et al., respondents. (Appeal No. 1) (Index No. 13255/01) 2005-06488 Sharon Sims, etc., appellant, v City of New York, respondent. (Appeal No. 2) (Index No. 4319/01)

DECISION & ORDER ON MOTION

Motion by the appellant in Appeal No. 2 on appeals from two orders of the Supreme Court, Kings County, dated December 16, 2004, and May 6, 2005, respectively, to enlarge the time to perfect the appeal from the order dated May 6, 2005, and application by the appellants in Appeal No. 1 to enlarge the time to perfect the appeal from the order dated December 16, 2004.

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

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

ORDERED that the appellants' time to perfect their respective appeals is enlarged until April 20, 2006, and the record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36167

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2005-08486 City of New York, appellant, v Brooklyn, LLC, etc., et al., respondents. (Index No. 13072/04)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 21, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36169

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2005-08131 Jane Gerardi, etc., et al., plaintiffs, Kristin Railey, appellant, v American Golf Corp., et al., respondents (and a third-party action). (Index No. 40210/95)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 21, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 17, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36172

O/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-02092, 2005-08891 Hal R. Ginsburg, et al., appellants, v Ock-A-Bock Community Association, Inc., et al., respondents. (Index No. 17663-04)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Suffolk County, dated February 7, 2005, and August 18, 2005, respectively, for a preference in the calendaring of the appeals.

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

ORDERED that the motion is denied.

SANTUCCI, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36171

S/sl

2005-08340 Edward A. Goodman, Jr., respondent, v CF Galleria at White Plains, LP, et al., appellants, et al., defendants (and a third-party action). (Appeal No. 1) 2005-09346 Edward A. Goodman, Jr., plaintiff, v CF Galleria at White Plains, LP, defendants third-party plaintiffs-respondents; Federated Department Stores, Inc., et al., defendants third-party defendants-appellants. (Appeal No. 2) (Index No. 1828/03)

ORDER ON APPLICATION

Application by the appellants on both appeals pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Westchester County, dated July 14, 2005, and September 1, 2005, respectively.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until March 15, 2006, and the record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36157

S/sl

2005-08098 David Griffin, appellant, v 19-20 Industry City Associates, LLC, et al., respondents. (Index No. 24856/01)

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, 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 13, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36179

E/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2003-07992 Kourosh Javaheri, etc., appellant-respondent, v Old Cedar Development Corp., et al., respondents-appellants, Nourollah Sassouni, et al., defendants-respondents. (Index No. 15103/02)

DECISION & ORDER ON MOTION

Motion by the defendant-respondent Nourollah Sassouni for leave to reargue an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered July 31, 2003, which were determined by decision and order of this court dated October 31, 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.

PRUDENTI, P.J., RITTER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36189

E/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

JOSEPH COVELLO, JJ.

2004-07430 Stephen Kelly, et al., respondents, v Taurean J. Russo, et al., appellants. (Index No. 3352/04)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated July 29, 2004, which was determined by decision and order of this court dated October 31, 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.

PRUDENTI, P.J., KRAUSMAN, RIVERA and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36181

E/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-02598, 2004-02600 Charlotte Lisi, etc., et al., appellants, v County of Suffolk, et al., respondents. (Index No. 1174-01)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County, entered February 6, 2004, and an order and judgment (one paper) of the same court dated March 4, 2004, which were determined by decision and order of this court dated October 31, 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.

FLORIO, J.P., SCHMIDT, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36146

T/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-05489 Frances Moog, etc., appellant, v City of New York, defendant, Staten Island University Hospital, et al., respondents. (Index No. 11711/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Richmond County, dated May 12, 2005, for leave to reargue a motion to strike the respondents' brief on the ground that it refers to matter dehors the record and for a preference in the calendaring of the appeal, which was determined by decision and order on motion of this court dated December 2, 2005.

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 reargue the branch of the prior motion which was to strike the respondents' brief on the ground that it refers to matter dehors the record is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to reargue the branch of the prior motion which was for a preference in the calendaring of the appeal is denied as academic, as the appeal will be placed on the submission calendar shortly.

PRUDENTI, P.J., FLORIO, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36163

O/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-03589 Nyack Hospital, a/a/o Stacey Gersten, appellant, v Encompass Insurance Company, respondent. (Index No. 10244/04)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this court, dated November 21, 2005, which determined an appeal from an order of the Supreme Court, Nassau County, dated March 30, 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.

MILLER, J.P., LUCIANO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36170

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2005-07344, 2005-10065 Orange County-Poughkeepsie Limited Partnership, d/b/a Verizon Wireless, respondent, v Theodore J. Bonte, appellant. (Index No. 5440/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated June 16, 2005, and an interlocutory judgment of the same court dated September 19, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until April 1, 2006, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36191

E/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-03230 State Farm Mutual Automobile Insurance Company, appellant-respondent, v John Robert Langan, etc., respondent-appellant. (Index No. 15384/02)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant for leave to appeal to the Court of Appeals from a decision and order of this court dated May 31, 2005, which determined an appeal from an order of the Supreme Court, Nassau County, entered January 30, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36177

E/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-11038, 2004-01523 Surgical Design Corporation, appellant, v Jamir Correa, et al., respondents. (Index No. 3479/99)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to resettle a decision and order of this court dated August 8, 2005, determining appeals from two orders of the Supreme Court, Queens County, dated November 6, 2003, and January 8, 2004, respectively.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36190

E/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-09648 39 College Point Corp., appellant, v Transpac Capital Corp., respondent, et al., defendants. (Index No. 31272/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court dated October 17, 2005, which determined an appeal from an order of the Supreme Court, Queens County, dated October 7, 2004.

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

ORDERED that the motion is denied.

MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36168

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2005-08110 Matthew Wicelinski, etc., et al., respondents, v Vita-Mix Corporation, appellant-respondent, Specialty Equipment Manufacturing Corporation, d/b/a Taylor Company, respondent-appellant. (Index No. 3941/00)

ORDER ON APPLICATION

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

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until March 13, 2006, and the joint record 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]); and it is further,'

ORDERED that the respondents shall serve and file their brief within 30 days after service upon them of the respondent-appellant's brief.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36180

E/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-07381 In the Matter of Dominick Angiolillo, Jr., et al., petitioners/plaintiffs-respondents, v Town of Greenburgh, et al., respondents/defendants-respondents, WBRC Corporation, et al., appellants. (Index No. 4830/00)

DECISION & ORDER ON MOTION

Motion by the petitioners/plaintiffs-respondents for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered July 23, 2004, which was determined by decision and order of this court dated September 26, 2005.

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

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

ADAMS, J.P., CRANE, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M35851

E/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-10437 In the Matter of Scott N. Artis, respondent, v Yolanda Y. Artis, appellant. (Docket Nos. V-11337-04, V-11338-04)

DECISION & ORDER ON MOTION

Appeal by Yolanda Y. Artis from an order of the Family Court, Suffolk County, dated October 17, 2005. By order to show cause dated January 3, 2006, 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 17, 2005, issued pursuant to 22 NYCRR 670.4(a)(2). Motion by the appellant for poor person relief and the assignment of counsel.

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

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

ORDERED that the motion for poor person relief and the assignment of counsel 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

Del Atwell, Esq.

P.O. Box 2516

Montauk, New York 11954

(631) 267-2067

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); 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.

SCHMIDT, J.P., SANTUCCI, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36162

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2005-07957 In the Matter of Rachel Tarlow, deceased. Howard L. Rhine, respondent; Alvin Lapides, appellant. (File No. 1415/99)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 18, 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

M36115

S/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2006-00376 The People, etc., respondent, v Abraham Decclesis, appellant. (Ind. No. 02-00368)

ORDER TO SHOW CAUSE

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, Westchester County, dated November 2, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated November 2, 2005; and it is further,

ORDERED that the branch of the application which is, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel is granted, and the following attorney is assigned as counsel to represent the defendant on the appeal:

Beverly Van Ness, Esq.

114 Roebling Street

Brooklyn, New York 11211

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated November 2, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court; the District Attorney shall serve and file its affirmation on or before May 22, 2006, and the appellant shall serve and file his affirmation on or before July 24, 2006; and it is further,

ORDERED that the District Attorney is directed to provide the appellant's counsel with copies of all papers submitted to the Supreme Court, Westchester County, which resulted in the order dated November 2, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon the defendant by ordinary mail pursuant to CPL 470.60(2), at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and by regular mail upon the attorney herein assigned to represent the defendant and upon the District Attorney.

SANTUCCI, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36173

O/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

1997-10404 The People, etc., respondent, v Kerry Kotler, appellant. (Ind. No. 1028-96)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Suffolk County, rendered October 23, 1997.

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, the respondent's time to serve and file a brief is enlarged, and the respondent's brief submitted to the Clerk of this court is accepted for filing; and it is further,

ORDERED that the appellant's reply brief, if any, shall be served and filed on or before March 6, 2006.

SANTUCCI, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36148

T/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

DANIEL F. LUCIANO, JJ.

2000-01499 The People, etc., respondent, v Pedro Palacios, appellant. (Ind. No. 913-97)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the County Court, Suffolk County, rendered February 4, 2000, which was determined by decision and order of this court dated February 18, 2003.

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

ORDERED that the motion is denied.

SCHMIDT, J.P., ADAMS, SANTUCCI and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36178

E/sl

STEPHEN G. CRANE, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

MARK C. DILLON, JJ.

2002-10220 The People, etc., respondent, v Steven Peterson, appellant. (Ind. No. 01-707)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the County Court, Orange County, rendered May 31, 2002, which was determined by decision and order of this court dated October 24, 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., SANTUCCI, MASTRO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court