Appellate Division: Second Judicial Department

M36560

C/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

JOSEPH COVELLO, JJ.

2006-01906 Gertrude Adler, appellant, v Park City 3 and 4 Apartments, Inc., respondent. (Index No. 2628/02)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from a clerk's extract of the trial minutes of the Supreme Court, Queens County, dated March 22, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a clerk's extract of the trial minutes (see Rockman v Brosnan, 280 AD2d 591).

ADAMS, J.P., RITTER, RIVERA and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36696

F/

2006-01110 Henry Aranda, respondent, v Dillon Contracting Corp., appellant. (Index No. 7984/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 30, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36650

F/

2005-11795 Sandra Arrington, appellant-respondent, v New York City Housing Authority, respondent-appellant, et al., respondents. (Index No. 16153/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent and the respondent-appellant to withdraw an appeal and cross appeal from an order of the Supreme Court, Kings County, dated November 15, 2005.

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

ORDERED that the application is granted and the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36661

F/

2005-06304 Theresa Baudo, et al., appellants, v Jerold Axelrod, et al., respondents. (Index No. 20528/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 12, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36774

F/

2005-10275 Louis Briganti, et al., respondents-appellants, v Trataros Construction, Inc., et al., respondents, Thomas Management Services, et al., appellants- respondents (and a third-party action). (Index No. 8932/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants-respondents Thomas Management Services and Vertex Engineering Services, Inc., to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 3, 2005.

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

ORDERED that the application is granted and the appeal by Thomas Management Services and Vertex Engineering Services, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36679

F/

2005-09259 Janice Buckner, respondent, v Richard Statler, appellant. (Index No. 7115/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 3, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36676

F/

2006-00159 Rose Butler, respondent, v Carlos Martins, et al., appellants. (Index No. 1854/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Carlos Martins to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 30, 2005.

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

ORDERED that the application is granted and the appeal by Carlos Martins is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36775

CF/

2005-09886 Victoria Campanale, et al., respondents, v United Building Maintenance Associates, Inc., appellant. (Index No. 51030/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated September 21, 2005.

Upon the stipulation of the parties, dated January 24, 2006, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36812

L/

2005-05928 Jean Cantave, appellant, v Philip R. Baldeo, et al., respondents. (Index No. 30787/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated March 31, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36695

F/

2005-06670 Jose Castillo, appellant, v 62-25 30th Avenue Realty, LLC, et al., respondents. (Index No. 27819/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 9, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36793

CF/

2005-10313 Luis Cela, plaintiff-respondent, v Hong-Ki Kim, et al., defendants-respondents, Keanam Park, appellant. (Index No. 2970/05)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36690

F/

2005-09335 Chi Que Dang, et al., respondents, v Kazimierz Bak, appellant. (Index No. 25041/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 2, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36683

F/

2005-07861 Don Conti, et al., appellants, v Anthony Lodati, et al., respondents. (Index No. 2151/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 5, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36749

S/sl

2005-07337 ContiMortgage Corporation, plaintiff-respondent, v Renee Garrett, a/k/a Renee C. Garrett, defendant-respondent, et al., defendants; Ali Ahmed Algazli, et al., nonparty-appellants. (Index No. 32231/01)

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, Kings County, dated May 25, 2004.

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

M36804

CF/

2005-10548 Angel Curbelo, et al., respondents, v GES Exposition Services, Inc., appellant. (Index No. 24209/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 27, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36655

F/

2005-11888 Michael DeMeo, appellant, v Kaloutie Sukha, respondent. (Index No. 2042/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated November 22, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36737

E/sl

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-07158 Anthony B. Divona, etc., et al., plaintiffs-respondents, v David J. Wahlfeld, et al., defendants-respondents, County of Suffolk, respondent-appellant, Hinck Electrical Contractors, Inc., appellant-respondent. (Action No. 1) Anthony B. Divona, etc., et al., respondents, v Town of Brookhaven, defendant third-party plaintiff respondent-appellant; Hinck Electrical Contrators, Inc., third-party defendant appellant-respondent. (Action No. 2) David J. Wahlfeld, et al., plaintiffs, v Anthony B. Divona, etc., et al., defendants third-party plaintiffs-respondents; County of Suffolk, et al., third-party defendants respondents-appellants; Hinck Electrical Contractors, Inc., third-party defendant appellant-respondent. (Action No. 3) (Index Nos. 1766-01, 9527-01, 6773-01)

DECISION & ORDER ON MOTION

Motion by Anthony B. Divona and Thomas Divona on an appeal and cross appeals from an order of the Supreme Court, Suffolk County, dated June 30, 2005, to strike the joint record on appeal and dismiss the cross appeals by the County of Suffolk and Town of Brookhaven, or, in the alternative, to direct the County of Suffolk and Town of Brookhaven to serve and file a supplemental record containing certain documents and to enlarge its time to serve and file a brief.

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

ORDERED that the matter is referred to the Supreme Court, Suffolk County, to report on whether the material attached to the motion papers as Exhibit D were considered in the determination of the motion which resulted in the order dated June 30, 2005, and the motion is held in abeyance in the interim. The Supreme Court shall file its report with this court with all convenient speed.

SCHMIDT, J.P., KRAUSMAN, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36564

O/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-03262 Sandra Pettit Dowd, f/k/a Sandra J. Pettit, etc., appellant-respondent, v Alliance Mortgage Company, respondent-appellant. (Index No. 29283-03)

DECISION & ORDER ON MOTION

Motion by Thomas M. Hefferon and Brooks R. Brown, attorneys in good standing in the State of Massachusetts, to be admitted pro hac vice to represent the respondent-appellant on an appeal and cross-appeal from an order of the Supreme Court, Suffolk County, dated March 23, 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 granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36795

E/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2006-00741 Al Fiderer, et al., respondents, v Steven Kadish, etc., et al., appellants. (Index No. 19271/03)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated December 21, 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.

ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36777

CF/

2005-11841 Michael Fitzgerald, plaintiff-respondent, v Phoenix Development Group, LLC, defendant, T.E. Woods, Inc., et al., third-party defendants- respondents; RJ Dooley Construction, Inc., et al., defendants third-party plaintiffs-appellants. (Index No. 2002/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36785

F/

2005-09316 Florists' Mutual Insurance Company, etc., et al., appellants-respondents, v State Farm Mutual Automobile Insurance Company, et al., respondents- appellants. (Index No. 1781/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondents-appellants to withdraw a cross-appeal from an order of the Supreme Court, Kings County, dated July 14, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36781

F/

2005-09316 Florists' Mutual Insurance Company, etc., et al., appellants-respondents, v State Farm Mutual Automobile Insurance Company, et al., respondents- appellants. (Index No. 1781/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants-respondents to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 14, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36727

E/sl

GLORIA GOLDSTEIN, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-05373 Nina Fox, appellant, v Norris Fox, respondent. (Action No. 1) (Index No. 2565/05) Norris Fox, respondent, v Nina Fox, appellant. (Action No. 2) (Index No. 19651/02)

DECISION & ORDER ON MOTION

Motion by Norris Fox, as the respondent in Action No. 1, on an appeal from an order of the Supreme Court, Westchester County, entered May 13, 2005, for leave to serve and file a supplemental record containing certain documents and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is for leave to serve and file a supplemental record containing the exhibits appended to the papers of Norris Fox submitted to the Supreme Court in opposition to the motion to consolidate is granted, and on or before April 10, 2006, Norris Fox, as the respondent in Action No. 1, shall serve and file a supplemental record containing those documents 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 to serve and file a brief is granted, the time of Norris Fox, as the respondent in Action No. 1, to serve and file a brief is enlarged until April 10, 2006, and that respondent's brief must be served and filed on or before that date.

GOLDSTEIN, J.P., RIVERA, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36687

F/

2005-08781 Paul Galletta, appellant, v Owens Brockway Glass Container, Inc., et al., respondents. (Index No. 14462/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 8, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36569

C/sl

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-06421 Sheldon Greenspan, appellant, v Joan Greenspan, respondent. (Index No. 201229/04)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated May 25, 2005, to direct the appellant to pay the costs of printing her brief on the appeal and to pay her attorney's fees for the appeal.

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

ORDERED that the branch of the motion which is to direct the appellant to pay the respondent's attorney's fees for the appeal is denied, without prejudice to seeking relief in the Supreme Court, Nassau County; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to pay the costs of printing the respondent's brief on the appeal is denied as premature, as the issue of costs will be determined on the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36705

F/

2005-11734 Diane Greenwald, appellant, v David Greenwald, respondent. (Index No. 20409/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 5, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36772

CF/

2005-11411 Iqbal, LLC, appellant, v Five M., LLC, et al., respondents. (Index No. 35400/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 18, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36790

CF/

2005-09652 Michael Irby, appellant-respondent, v Jean Richard, et al., respondents-appellants, et al., defendants. (Index No. 1348/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondents-appellants to withdraw a cross appeal from an order of the Supreme Court, Queens County, dated August 4, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36794

CF/

2005-06645 Bruce S. Klutchko, respondent, v Marcy R. Baron, appellant. (Index No. 3586/93)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 6, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36802

CF/

2005-09612 Anatoli Kovalev, respondent, v Hsing Hwei Lee, et al., appellants. (Index No. 27056/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 3, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36709

F/

2006-00089 Richard Kulsha, et al., respondents, v Wappingers Central School District, appellant. (Index No. 3004/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated December 5, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36686

F/

2006-00374 John Lauricella, etc., respondent, v Parma Tile Mosaic & Marble Co., Inc., appellant. (Index No. 3829/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated September 22, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36800

CF/

2006-00231 Michel Lomner, appellant, v Richard Reinhardt, respondent. (Index No. 9201/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 14, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36803

C/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2006-01772 John Kevin MacDonald, etc., respondent, v Anna Adams, appellant, et al., defendant. (Index No. 5941/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated February 8, 2006, to stay all proceedings in the above-entitled action, including a hearing scheduled for March 28, 2006, pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal.

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

ORDERED that the motion is denied.

ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36825

A/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2006-01777 James Marin, et al., appellants, v Board of Managers, Town N Country Condominium II, et al., respondents (and a third-party action). Index No. 5436/03)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Rockland County, dated October 24, 2005.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements as the appellants are not aggrieved by the order appealed from (see CPLR 5511; Gwyn v 575 Fifth Ave. Assoc., 12 AD3d 403); and it is further,

ORDERED that the motion is denied as academic.

ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36733

S/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-08092 Ramon Marin, appellant, v Bharatkumar K. Patel, et al., respondents. (Index No. 18803/03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 9, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondents Bharatkumar K. Patel and Nirmel Singh and separate motion by the respondent Richard Jenkins to dismiss an appeal from an order of the Supreme Court, Queens County, dated September 15, 2003, on the ground that the appeal was not timely taken.

Cross motion by the appellant to deem the appeal timely taken.

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

ORDERED that the motion and cross motion are denied as academic as the appeal has been withdrawn.

MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36744

S/sl

2005-02449 Michelle Melish, respondent, v Andrew August Melish, appellant. (Index No. 16907/86)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated February 4, 2005.

ORDERED that the application is granted and the reply brief submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36591

O/sl

GLORIA GOLDSTEIN, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-06243 Alexander Millman, appellant, v Cross Island YMCA, respondent. (Index No. 24458/03)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated May 26, 2005, for failure to timely perfect the same.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

GOLDSTEIN, J.P., RIVERA, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36720

O/sl

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-07120 Roberto Carlos Miranda, appellant, v Sam J. Gentile, et al., respondents. (Index No. 24919/02)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 15, 2005, on the ground that direct appeal from the order terminated with entry of a judgment dated October 20, 2005, and application by the appellant to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted, and the appeal from the order is dismissed (Matter of Aho, 39 NY2d 241, 248), without costs or disbursements, without prejudice to the appellant filing a notice of appeal from the judgment; and it is further,

ORDERED that the application is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36816

O/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2006-00206 Marc Moyal, respondent-appellant, v Maria Stadnik, a/k/a Malina Nealis, et al., appellants-respondents. (Appeal No. 1) 2006-01727, 2006-01728 Marc Moyal, respondent, v Maria Stadnik, a/k/a Malina Nealis, et al., appellants. (Appeal Nos. 2 and 3) (Index No. 14394/04)

DECISION & ORDER ON MOTION

Motion by the Maria Stadnik, a/k/a Malina Nealis and Kevin Nealis, inter alia, on an appeal and cross appeal from an order of the Supreme Court, Kengs Xounty, dated November 30, 2005, and appeals from two orders of the same court, dated February 1, 2006, and February 23, 2006, respectively, to stay enforcement of the order dated February 23, 2006, pending hearing and determination of the appeal therefrom.

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

ORDERED that the motion is denied.

ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36779

CF/

2006-00147 Annette Munroe, respondent, v Pinecrest Associates, et al., appellants. (Index No. 9286/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 1, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36798

CF/

2005-06269 Nationwide Mutual Insurance Company, et al., respondents, v Hartford Insurance Company, et al., defendants, Claims Administration Corporation, appellant. (Index No. 10505/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 28, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36726

E/sl

GLORIA GOLDSTEIN, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-07113 Eddie Neal, appellant, v Jim Kim, etc., et al., respondents. (Index No. 11655/03)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated May 16, 2005, on the ground that the appendix is inadequate.

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 in light of the decision and order on motion of this court dated February 2, 2006.

GOLDSTEIN, J.P., RIVERA, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36691

F/

2005-10129, 2005-10185 David Patick, appellant, v Lisa Patick, respondent. (Index Nos. 201750/02, 6609/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from two orders of the Supreme Court, Nassau County, dated September 14, 2005, and September 15, 2005, respectively.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36673

F/

2005-10910 Haleh Pazooki, et al., plaintiffs-respondents, v Richard Obreza Trucking, Inc., et al., defendants-respondents; C. Bruce Ganbardella, nonparty-appellant. (Index No. 9573/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 19, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36729

F/

2006-01007 Ryan Petchenik, appellant-respondent, v Yosef Y. Mitnick, et al., respondents-appellants. (Index No. 50371/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated September 30, 2005.

Upon the stipulation of the parties, dated February 14, 2006, it is

ORDERED that the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36707

F/

2005-08557 Physicians' Reciprocal Insurers, respondent, v Alan Jordan, appellant. (Index No. 387/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 3, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36674

F/

2005-11722 Physicians' Reciprocal Insurers, respondent, v Alan Jordan, appellant. (Index No. 387/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated October 6, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36675

F/

2005-09005 Israel Raich, appellant, v Judith Raich, respondent. (Index No. 204287/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 23, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36684

F/

2005-07595 Ralph Ramsingh, plaintiff, v Safoora Juman, et al., respondents; Christopher S. Jay, nonparty-appellant. (Index No. 32960/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated June 14, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36796

E/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2006-01041 Richmond Shop Smart, Inc., respondent, v Kenbar Development Center, LLC, etc., appellant. (Index No. 102554/05)

DECISION & ORDER ON MOTION

Joint motion by the appellant and the respondent on an appeal from an order of the Supreme Court, Richmond County, dated December 1, 2005, to stay all discovery in the above-entitled action pending hearing and determination of the appeal and to enlarge the respondent's time to serve and file a brief.

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

ORDERED that the branch of the motion which is to stay all discovery in the above-entitled action pending hearing and determination of the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted and the respondent's brief must be served and filed on or before April 17, 2006.

ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36701

F/

2005-10142 Frances Roker, et al., appellants, v Campanelli Landscaping, Inc., et al., respondents. (Index No. 15862/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36773

CF/

2005-07909 Romaz Properties, Ltd., appellant-respondent, v Daniel Hotchkin, et al., respondents-appellants. (Index No. 31926/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the County Court, Suffolk County, dated July 18, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36704

F/

2005-12012 Zoya Rosenstein, appellant, v Yuriy Pertsovsky, respondent. (Index No. 25600/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 28, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36671

O/sl

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-00566 Makhsut Rozyev, respondent, v Alexander's Department Stores of Brooklyn, Inc., et al., appellants. (Index No. 7224/02)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 6, 2005, on the ground that it was untimely taken.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36693

F/

2005-10865 Philip Safranek, et al., appellants, v Robert J. Maccone, et al., respondents. (Index No. 810/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 20, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36555

A/sl

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-00637 Martin Schulman, et al., respondents, v Indian Harbor Insurance Company, appellant. (Index No. 12518/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a decision of the Supreme Court, Queens County, dated October 12, 2005, to deem the notice of appeal from the decision to be a notice of appeal from a judgment of the same court dated November 16, 2005, and cross motion by the respondents to dismiss the appeal, on the ground, inter alia, that no appeal lies from a decision.

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

ORDERED that the motion is granted and the notice of appeal from the decision dated October 12, 2005, is deemed to be a notice of appeal from the judgment dated November 16, 2005 (see CPLR 5512); and it is further,

ORDERED that the cross motion is denied.

RITTER, J.P., RIVERA, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36753

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

JOSEPH COVELLO, JJ.

2006-00765 Stanley Scotland, appellant, v Allstate Insurance Company, respondent. (Index No. 43678/99)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated November 4, 2005, which affirmed an order of the Civil Court, Queens County, entered November 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 granted.

ADAMS, J.P., RITTER, RIVERA and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36728

F/

2005-11264 Natalie Sotnikova, et al., appellants, v Gail Dougherty, respondent. (Index No. 41973/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated October 26, 2005.

Upon the stipulation of the parties, dated February 14, 2006, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36680

O/sl

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-04602 Herman Soto, respondent, v City of New York, appellant. (Index No. 14873/98)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 30, 2005, on the ground that no appeal lies from an order which denies a motion for reargument, or, in the alternative, to enlarge the time to serve and file a brief.

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

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

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

ORDERED that the respondent's time to serve and file a brief is enlarged until April 4, 2006, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36557

C/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2005-03839 St. Vincent's Hospital & Medical Center, etc., et al., appellants, v Country Wide Insurance Company, respondent. (Index No. 7558/04)

DECISION & ORDER ON MOTION

Motion by the appellant St. Vincent's Hospital & Medical Center for leave to appeal to the Court of Appeals from a decision and order of this court dated December 27, 2005, which determined an appeal from an order of the Supreme Court, Nassau County, dated April 6, 2005.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36663

F/

2005-11244 Donald Swital, et al., plaintiffs-respondents, v Guide Dog Foundation for the Blind, Inc., defendant-appellant, P.J. Wyer Construction, Inc., defendant third-party plaintiff-appellant; Island Steel & Detailing Corp., et al., third-party defendants-respondents. (Index No. 3557/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 29, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36782

CF/

2005-09598 Mark Van de Carr, appellant-respondent, v Marie Van de Carr, respondent-appellant. (Index No. 812/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent and the respondent-appellant to withdraw an appeal and a cross appeal from an order of the Supreme Court, Dutchess County, dated September 8, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36657

F/

2005-04191 Walden Woods Homeowners' Association, respondent, v David Friedman, appellant. (Index No. 9622/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 29, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36792

CF/

2005-06497 Elena Walker, appellant, v New York City Transit Authority, et al., respondents. (Index No. 4957/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated February 27, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36520

O/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2004-04156, 2004-05983 Stacey Whelan, appellant, v Lance Longo, respondent. (Index No. 13271-03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue appeals from an order of the Supreme Court, Suffolk County, dated April 13, 2004, and a judgment of the same court, entered June 22, 2004, which were determined by decision and order of this court dated November 14, 2005, or, in the alternative, for leave to appeal to the Court of Appeals pursuant to CPLR 5602(a)(1)(i) 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 branch of the motion which is for leave to reargue the appeals is denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this court dated November 14, 2005, properly made?

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

PRUDENTI, P.J., SCHMIDT, SANTUCCI and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36699

F/

2005-08177 Widen Trans International Ltd., appellant, v Reliable Logistics, LLC, respondent. (Index No. 25343/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, entered July 22, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36659

F/

2005-11176 Martin Ray Young, et al., respondents, v Swift Transport, et al., appellants. (Index No. 15080/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 27, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36818

O/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2006-01429 Theresa Zuckerberg, respondent, v Joel Zuckerberg, appellant. (Index No. 14959/98)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, entered January 6, 2006, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36586

A/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-08293 In the Matter of Stephen J. Askew, etc., appellant, v New York City Department of Environmental Protection, et al., respondents. (Index No. 3262/03)

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 December 12, 2005, which determined an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated August 17, 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., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36766

M/nal

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2006-01173 In the Matter of Amanda Ann B. (Anonymous), a/k/a Amanda B. (Anonymous). New York Foundling Hospital, petitioner-respondent; Gail Ann M. (Anonymous), appellant, et al., respondents. (Proceeding No. 1) In the Matter of George Henry B. (Anonymous), a/k/a George B. (Anonymous). New York Foundling Hospital, petitioner-respondent; Gail Ann M. (Anonymous), appellant, et al., respondents. (Proceeding No. 2) (Docket Nos. B-19623/03, B-19642/03)

ORDER ON CERTIFICATION Assignment of counsel

Appeal by Gail Ann M. from an order of the Family Court, Queens County, dated January 9, 2006. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Lewis S. Calderon, dated February 9, 2006, it is

ORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:

Lewis S. Calderon, Esq.

90-50 Parsons Blvd

Suite 405

Jamaica, New York 11432

(718 ) 883-1560

and it is further,

ORDERED that pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), 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 this order 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.

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

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

M36770

M/nal

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-06838 In the Matter of Baby Boy B. (Anonymous). Rochelle "Anonymous," et al., petitioners-respondents; Mallory "Anonymous," respondent-appellant, et al., respondent; Glenn Gucciardo, nonparty-appellant. (Docket No. A-58-05)

SCHEDULING ORDER

Appeal by Mallory "Anonymous", from an order of the Family Court, Suffolk County, dated June 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 time of Mallory "Anonymous" 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 that appellant's brief on the appeal is enlarged until March 23, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36771

F/

2005-06838 In the Matter of Baby Boy B. (Anonymous). Rochelle "Anonymous", et al., petitioners- respondents; Mallory "Anonymous", respondent- appellant, et al., respondent; Glenn Cucciardo, nonparty-appellant. (Docket No. A-58-05 )

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the nonparty-appellant Glenn Cucciardo, to withdraw an appeal from an order of the Family Court, Suffolk County, dated June 24, 2005.

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

ORDERED that the application is granted and the appeal by the nonparty-appellant Glenn Cucciardo, is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36713

F/

2005-11737 In the Matter of Walter B. (Anonymous), appellant. (Docket No. D-16988-05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated November 29, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36689

F/

2005-10796 In the Matter of David C. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; David C. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Shawn C. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; David C. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Erin C. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; David C. (Anonymous), appellant, et al., respondent. (Proceeding No.3) (Docket Nos. N-00042-04, N-00043-04, N-00044-04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated October 20, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36767

M/nal

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-11404 In the Matter of Jenny Castillo, respondent, v James Kimbrough, appellant. (Docket No. O-05382/05)

ORDER ON CERTIFICATION Assignment of counsel

Appeal by James Kimbrough from an order of the Family Court, Kings County, dated October 31, 2005. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Henry James Joseph, dated February 3, 2006, it is

ORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:

Robert J. Marinelli, Esq.

26 Court Street

Suite 1815

Brooklyn, New York 11242

718-624-9391

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the court, and on or before March 31, 2006, shall notify the Case Manager assigned to the appeal, in writing, that he or she has done so and that either

(1) the appellant is interested in prosecuting responding to the appeal, or

(2) the appellant is not interested in prosecuting responding to the appeal, or that he or she has been unable to contact the appellant, and wishes to be relieved of the assignment.

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

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

M36634

M/nal

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-11571 In the Matter of Yazid Cobb-Montana, respondent, v Antonia Bourgeois, appellant. (Docket No. V-17133/04)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Antonia Bourgeois from an order of the Family Court, Queens County, dated November 14, 2005. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Yafang Chen, dated December 29, 2005, it is

ORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:

Dawn Shammas, Esq.

89-31 161st Street

Suite 605

Jamaica, New York 11432

(917) 609-2975

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the court, and on or before March 31, 2006, shall notify the Case Manager assigned to the appeal, in writing, that he or she has done so and that either

(1) the appellant is interested in prosecuting responding to the appeal, or

(2) the appellant is not interested in prosecuting responding to the appeal, or that he or she has been unable to contact the appellant, and wishes to be relieved of the assignment.

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

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

M36814

O/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-06383 In the Matter of Commercial Real Asset Management, Inc., et al., appellants, v Steven Kessler, et al., respondents. (Index No. 13582/04)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered May 19, 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 granted; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until May 8, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36718

F/

2005-09654 In the Matter of Virginia Falzarano, respondent, v Maria DeSimpliciis, appellant. (Docket No. O-9306-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated September 16, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36778

CF/

2005-06866 In the Matter of Prudence Flory, et al., appellants, v Town of Putnam Valley, et al., respondents. (Index No. 19929/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 7, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36682

F/

2006-01457 In the Matter of Scott Glassberg, et al., appellants, v Kathleen Rice, respondent. (Index No. 1709/06)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 14, 2006.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36678

M/nal

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2006-00809 In the Matter of Carmen L. (Anonymous). Suffolk County Department of Social Services, respondent; Eric M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Efrian M. (Anonymous). Suffolk County Department of Social Services, respondent; Eric M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Vanessa M. (Anonymous). Suffolk County Department of Social Services, respondent; Eric M. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Nathaniel M. (Anonymous). Suffolk County Department of Social Services, respondent; Eric M. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Victoria M. (Anonymous). Suffolk County Department of Social Services, respondent; Eric M. (Anonymous), appellant. (Proceeding No. 5) (Docket Nos. N-13770-05, N-13775-05, N-13776-05, N-13780-05, N-13781-05, )

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Eric M. from an order of the Family Court, Suffolk County, entered January 3, 2006. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Susan DeNatale, dated February 8, 2006, it is

ORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:

Richard L. Herzfeld, Esq.

555 Fifth Avenue

14th Floor

New York, NY 10017

(212) 818-9019

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the court, and on or before March 31, 2006, shall notify the Case Manager assigned to the appeal, in writing, that he or she has done so and that either

(1) the appellant is interested in prosecuting responding to the appeal, or

(2) the appellant is not interested in prosecuting responding to the appeal, or that he or she has been unable to contact the appellant, and wishes to be relieved of the assignment.

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

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

M36730

F/

2006-00703 In the Matter of Lester M. (Anonymous). Administration for Children's Services, appellant; Navija M. (Anonymous), respondent. (Docket No. N-2204-05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Richmond County, dated December 13, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

March 7, 2006

MATTER OF M. (ANONYMOUS), LESTER

Appellate Division: Second Judicial Department

M36736

E/sl

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-03804 In the Matter of David Mounier, appellant, v American Transit Insurance Company, respondent. (Index No. 33120/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated March 11, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal.

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

ORDERED that the motion is granted.

SCHMIDT, J.P., KRAUSMAN, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36662

F/

2006-00738 In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Irving B. Freedman, et al., respondents. (Index No. 12712/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 16, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36786

M/nal

2005-06676 In the Matter of Caleb P. (Anonymous). Orange County Department of Social Services, respondent; Tabitha P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dylan P. (Anonymous). Orange County Department of Social Services, respondent; Tabitha P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Misty P. (Anonymous). Orange County Department of Social Services, respondent; Tabitha P. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Molly P. (Anonymous). Orange County Department of Social Services, respondent; Tabitha P. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Sean P. (Anonymous). Orange County Department of Social Services, respondent; Tabitha P. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Tyler P. (Anonymous). Orange County Department of Social Services, respondent; Tabitha P. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-888-04, N-889-04, N-890-04, N-891-04, N-892-04, N-893-04)

SCHEDULING ORDER

Appeal by Tabitha P. from an order of the Family Court, Orange County, dated June 10, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 21, 2005. The respondent's brief was served and filed on February 6, 2006. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36456

Y/sl

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-00408 In the Matter of Heather P. (Anonymous). Suffolk County Department of Social Services, et al., petitioners-respondents; J. Gary Waldvogel, nonparty-appellant. (Docket No. N-4280-03)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated December 14, 2005, as a poor person, and to continue his assignment as Law Guardian on the appeal.

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

ORDERED that the motion is denied as unnecessary (see Family Ct Act § 1120[b]); 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 nonparty-appellant and, the respondent. 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 nonparty-appellant, 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 nonparty-appellant. The nonparty-appellant is directed to provide copies of said transcripts to all of the other parties to the appeal, when counsel serves the nonparty-appellant's brief upon those parties; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36768

M/nal

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-05012 In the Matter of Anthony Gus Matthew Perez, appellant, v Eva Marie Montanez, respondent. (Docket Nos. V-20652-01, V-20653-01, V-24740-01, V-24741-01)

SCHEDULING ORDER

Appeal by Anthony Gus Matthew Perez from an order of the Family Court, Kings County, dated May 16, 2005. The appellant's brief was filed in the office of the Clerk of this court on January 20, 2006. The respondent's brief was served and filed on February 24, 2006. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until March 24, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36677

F/

2005-10197 In the Matter of John Puckett, deceased. Michael Puckett, appellant; Regina Bogin, respondent. (Index No. 322006)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Nassau County, dated September 30, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36791

M/nal

2005-02365 In the Matter of Julissa R. (Anonymous), appellant. (Docket No. D-1466/03)

SCHEDULING ORDER

Appeal by Julissa R. from an order of the Family Court, Queens County, dated March 1, 2005. The appellant's brief was filed in the office of the Clerk of this court on January 6, 2006. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until March 17, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36652

F/

2005-03895 In the Matter of Cheri Roberts, respondent, v Terry Gray, Sr., appellant. (Docket No. V-3914-99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Richmond County, dated April 21, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36784

CF/

2005-06613 In the Matter of Douglas F. Rotundi, appellant, v Gail Rotundi, respondent. (Docket No. F-20852-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated June 6, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36769

M/nal

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-05861 In the Matter of Carol Steinhauser, appellant, v Jeffrey Haas, respondent. (Docket Nos. V-11476-04, V-11477-04, V-11478-04)

SCHEDULING ORDER

Appeal by Carol Steinhauser from an order of the Family Court, Suffolk County, dated May 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 April 3, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36805

M/nal

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2006-01490, 2006-01491 In the Matter of James M. Thompson, Jr., respondent, v Wai K. Yu-Thompson, appellant. (Docket No. V-2018-04)

ORDER ON CERTIFICATION Assignment of counsel

Appeal by Wai K. Yu-Thompson from two orders of the Family Court, Westchester County, both dated January 11, 2006. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Lisa F. Colin, dated February 13, 2006, it is

ORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:

Lisa F. Colin, Esq.

44 Church Street

White Plains, New York 10601

914-771-7711

and it is further,

ORDERED that pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), 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 this order 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.

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

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

M36635

M/nal

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2006-00264 In the Matter of Maria Torres, respondent, v Craig Ruggeri, appellant. (Docket No. V-00975-01)

ORDER ON CERTIFICATION Assignment of counsel

Appeal by Craig Ruggeri from an order of the Family Court, Rockland County, dated December 21, 2005. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Martin E. Gotkin, dated January 30, 2006, it is

ORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:

Matthew Tully, Esq.

3 Wembly Court

Albany, New York 12205

518-218-7100

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the court, and on or before March 31, 2006, shall notify the Case Manager assigned to the appeal, in writing, that he or she has done so and that either

(1) the appellant is interested in prosecuting responding to the appeal, or

(2) the appellant is not interested in prosecuting responding to the appeal, or that he or she has been unable to contact the appellant, and wishes to be relieved of the assignment.

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

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

M36666

M/nal

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2006-00816 In the Matter of Mary R. Van Keuren, respondent, v Christopher Craft, appellant. (Proceeding No. 1) In the Matter of Christopher Craft, appellant, v Mary R. Van Keuren, respondent. (Proceeding No. 2) (Docket Nos. O-04530-04, O-04561-04)

ORDER ON CERTIFICATION Assignment of Counsel

Appeal by Christopher Craft from an order of the Family Court, Dutchess County, dated December 9, 2005. Pursuant to Family Court Act §§ 1118 and 1120, and upon the certification of Diana L. Kidd, dated February 7, 2006, it is

ORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:

Neal Futerfas, Esq.

50 Main Street

Suite 1000

White Plains, New York 10606

914-682-2171

and it is further,

ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the court, and on or before March 31, 2006, shall notify the Case Manager assigned to the appeal, in writing, that he or she has done so and that either

(1) the appellant is interested in prosecuting responding to the appeal, or

(2) the appellant is not interested in prosecuting responding to the appeal, or that he or she has been unable to contact the appellant, and wishes to be relieved of the assignment.

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

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

M36765

M/nal

2006-00536 In the Matter of Lisa F. Waldman, appellant, v Jayson R. Waldman, respondent. (Docket No. F-02872/05)

SCHEDULING ORDER

Appeal by Lisa F. Waldman from an order of the Family Court, Nassau County, dated December 21, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), 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

M36715

F/

2005-11847 In the Matter of Eva M. Yee, respondent, v Hal D. Koch, appellant. (Docket No. O-12140-05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated November 16, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M36385

F/

ROBERT A. LIFSON, J.

2006-00589 The People, etc., plaintiff, v Willie Jones, defendant. (Ind. No. 9278/00)

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 November 22, 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.

ROBERT A. LIFSON

Associate Justice

Appellate Division : Second Judicial Department

M36763

F/

FRED T. SANTUCCI, J.

2006-00593 The People, etc., plaintiff, v Stacey Knight, defendant. (Ind. No. 12738/88)

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 October 25, 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.

FRED T. SANTUCCI

Associate Justice

Appellate Division : Second Judicial Department

M36764

F/

FRED T. SANTUCCI, J.

2006-00256 The People, etc., plaintiff, v John Perazzo, defendant. (Ind. No. 01-01577)

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, Westchester County, dated October 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.

FRED T. SANTUCCI

Associate Justice

Appellate Division: Second Judicial Department

M36754

S/sl

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2003-10256 The People, etc., respondent, v Kim Ragland, appellant. (Ind. No. 132/02)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from a judgment of the County Court, Rockland County, rendered April 1, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36710

E/sl

GLORIA GOLDSTEIN, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2004-03695 The People, etc., respondent, v Jose Rodriguez, appellant. (Ind. No. 5320/02)

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, rendered April 8, 2004.

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 supplemental pro se brief submitted to the Clerk of the court is accepted for filing; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief in response to the supplemental pro se brief is enlarged until May 17, 2006, and the respondent's brief in response to the supplemental pro se brief must be served and filed on or before that date.

GOLDSTEIN, J.P., RIVERA, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 A 2179

2911 Arthur Kill Road

Staten Island, New York 10309

Appellate Division: Second Judicial Department

M36558

C/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

DANIEL F. LUCIANO, JJ.

2001-02029 The People, etc., respondent, v Eric Whitehurst, appellant. (Ind. No. 3423/99)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this court dated May 17, 2004 (People v Whitehurst, 7 AD3d 738), modifying a judgment of the Supreme Court, Queens County, rendered February 28, 2001, which was denied by decision and order of this court dated November 25, 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.

PRUDENTI, P.J., FLORIO, MILLER and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M36734

E/sl

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2004-10299 The People, etc., respondent, v Darren Williams, a/k/a Darren Flowers, appellant. (Ind. No. 04-00444)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance an appeal from a judgment of the County Court, Orange County, rendered October 28, 2004, until this court reviews the minutes of the Grand Jury proceedings, and, if appropriate, releases the minutes.

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., KRAUSMAN, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court