Appellate Division: Second Judicial Department

M22969

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-08494 Marjorie Albert, appellant, v Mary Gordon, et al., respondents. (Index No. 18750/02)

DECISION & 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, Westchester County, entered August 12, 2004.

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

ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701); and it is further,

ORDERED that the application to enlarge time is denied as academic.

FLORIO, J.P., KRAUSMAN, LUCIANO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23009

S/sl

2004-04263 Allstate Insurance Company, respondent, v Michael A. Marcone, etc., et al., appellants. (Index No. 5977/98)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Suffolk County, dated April 16, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before April 20, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22946

M/nal

2005-00508 Kenneth R. Bank, appellant, v Marney White, respondent. (Index No. 201971-03)

SCHEDULING ORDER

Appeal by Kenneth R. Bank from an order of the Supreme 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,

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

(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M22964

S/sl

2004-07523 Carmen Batista, respondent, v KFC National Management Company, appellant. (Index No. 22901/00)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 18, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 20, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22953

S/sl

2004-07662 Francine Cannizzaro, et al., appellants, v Simco Management Co., et al., respondents. (Index No. 11336/02)

ORDER ON APPLICATION

Application by the respondent Westbury Garden Center 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, Nassau County, dated July 29, 2004.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until April 18, 2005, and the movant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22971

J/sl

2004-08523 Casa Bosco, Inc., respondent, v 118-01 Metropolitan Avenue Realty Corp., et al., defendants, 118-01/21 Metropolitan Avenue LLC, et al., appellants. (Index No. 8988/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated July 1, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 23, 2005, 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

M22962

S/sl

2004-06498 Charles Durant, et al., respondents, v Neal Shuren, etc., et al., defendants, Michael H. Kamalian, etc., appellant. (Index No. 3054/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated July 7, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 28, 2005, 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

M22967

J/sl

2004-02714 Elm Realty Associates, LLC, appellant-respondent, v Leben, LLC, et al., respondents-appellants. (Index No. 21512/02)

ORDER ON APPLICATION

Application by the appellant-respondent 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 October 31, 2003.

ORDERED that the application is granted and the appellant-respondent's reply brief shall be served and filed on or before March 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22958

S/sl

2004-06947 Gihon, LLC, respondent, v 501 Second Street, LLC, appellant. (Index No. 3446/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated June 29, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 4, 2005, 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

M22906

Y/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2003-00773, 2003-07328 Jim Jones, et al., respondents-appellants, v Anne Fried, et al., respondents, Seco Engineering and Construction, Inc., appellant-respondent, et al., defendants. (Index No. 910/01)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on appeals and cross appeals from an order of the Supreme Court, Kings County, dated December 4, 2002, and a judgment of the same court, entered July 9, 2003, to stay the trial of the above-entitled action pending hearing and determination of the appeals and cross appeals.

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, pending hearing and determination of the appeals and cross appeals, the trial of the above-entitled action is stayed.

S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23015

J/sl

2004-05659 Rebecca Karan, et al., respondents, v Cheryl Hoskins, et al., defendants, Denise M. Rivera, et al., appellants. (Index No. 24133/99)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated May 24, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before March 29, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22931

C/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-10938 Charles Luscher, etc., respondent, v Anibal Arrua, appellant. (Index No. 7796/04)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated November 17, 2004, inter alia, to strike the record on appeal and the appellant's brief on the ground that they contain or refer to matters dehors the record, to vacate the stay of all proceedings in the above-entitled action which was granted by decision and order on motion of this court dated January 6, 2005, on the ground that the appellant did not perfect the appeal in accordance with the decision and order on motion dated January 6, 2005, and to enlarge the time to serve and file a brief. Cross motion by the appellant for this court to take judicial notice of, inter alia, motion papers submitted in connection with the appellant's motion for summary judgment made in an action entitled Arrua v Luscher, pending in the Supreme Court, New York County.

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

ORDERED that the branch of the motion which is to strike the record and brief is granted to the extent that the appellant's brief and pages 61 through 182 of the record are stricken, and on or before April 4, 2005, the appellant shall (1) delete or remove pages 61 through 182 of the copies of the record filed with this court, or, serve and file a new record which does not contain said pages, and (2) serve and file a new brief which does not refer to said material, 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 respondent shall serve and file a brief on or before April 18, 2005; and it is further,

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

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23006

S/sl

2004-04833 Jang B. Parmar, et al., respondents, v Hermitage Insurance Company, appellant. (Index No. 13464/00)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 28, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22945

M/nal

2005-02373 Thomas Philippe, appellant, v Marlene Philippe, respondent. (Index No. 200600/00 )

SCHEDULING ORDER

Appeal by Thomas Philippe from a judgment of the Supreme Court, Nassau County, dated January 19, 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,

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

(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M23001

S/sl

2004-06042 Ronald Reiss, appellant, v Stella Reiss, respondent. (Index No. 17137/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated May 27, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 5, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22957

S/sl

2004-08210 Gonzalo Rivera, respondent, v Dafna Construction Co., Ltd., appellant. (Index No. 16692/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated August 11, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 2, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22925

C/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2005-01559 Debra Rubino, respondent, v Daniel Rubino, appellant. (Index No. 15771/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the enforcement of an order and judgment (one paper) of the Supreme Court, Westchester County, dated December 22, 2004, pending hearing and determination of an appeal therefrom. Cross motion by the respondent to compel the appellant to perfect the appeal within 30 days of the date of the decision and order determining the appellant's motion for a stay, if the stay is granted.

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

ORDERED that the motion is granted to the extent that enforcement of the order and judgment dated December 22, 2004, is stayed, except for the provision that directed the sale of the parties' New York condominium, pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 18, 2005, and on further condition that, on or before March 31, 2005, the appellant deposit the sum of $100,000, representing a portion of the attorney's fee awarded to the respondent, into an escrow account with his attorney, and the motion is otherwise denied; and it is further,

ORDERED that in the event the above-stated conditions are not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the cross motion is denied as academic.

ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22923

C/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-09729 Joseph Schimicci, Jr., etc., et al., respondents v City of New York, appellant. (Appeal No. 1) (Index No. 1852/96) 2004-09730 Richard Calabrese, etc., etc., et al., respondents v City of New York, appellant. (Appeal No. 2) (Index No. 30141/95)

DECISION & ORDER ON MOTION

Motion by the respondents Richard Calabrese and Jeanete Calabrese on an appeal from an order of the Supreme Court, Kings County, dated September 20, 2004 (Appellate Division Docket No. 2004-09730), for leave to reargue that branch of the appellants's motion which was to stay the joint trial in the above-entitled actions pending hearing and determination of this appeal and an appeal from an order of the same court dated September 10, 2004 (Appellate Division Docket No. 2004-09729), which was determined by decision and order on motion of this court dated January 31, 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, with $100 costs.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22933

R/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-01398 Elayne Singer, respondent, v Metropolitan Suburban Bus Authority, et al., appellants (and a third-party action). (Index No. 17156/01)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from a judgment of the Supreme Court, Nassau County, dated November 7, 2003, for leave to reargue a motion to recall and vacate an order on application of this court dated August 19, 2004, which granted their application to withdraw the appeal, which was determined by decision and order on motion of this court dated December 28, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion dated December 28, 2004.

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, is granted, and upon reargument, this court's decision dated December 28, 2004, is recalled and vacated, the motion to recall and vacate the order on application of this court dated August 19, 2004, which granted their application to withdraw the appeal is granted, and the application to withdraw the appeal is deemed withdrawn; and it is further,

ORDERED that on the court's own motion, the appellants' time to perfect the appeal is enlarged until April 18, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied as academic.

FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22954

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2005-00604 Arthur G. Soldinger, respondent, v Elfriede Soldinger, appellant. (Index No. 200062/04)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated January 11, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 21, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22775

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HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-01678 Sunningdale Development Co., Inc., respondent, v Stephen Rogalski, et al., appellants. (Index No. 11619/04)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Westchester County, entered January 19, 2005, 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 granted to the extent that if the premises known as 27 Cooper Road, Scarsdale, New York are sold, all proceeds from the sale shall be held in escrow by the respondent's attorney pending hearing and determination of the appeal, and the motion is otherwise denied

H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22950

A/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-09309 Town of Putnam Valley, respondent, v Pierre Cornu, et al., appellants. (Index No. 544/00)

DECISION & ORDER ON MOTION

Motion by the appellants pro se on an appeal from an order of the Supreme Court, Putnam County, dated September 24, 2004, inter alia, in effect, to amend so much of a decision and order on motion of this court dated January 6, 2005, as conditioned a stay upon their perfection of the appeal on or before February 7, 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, in effect, to amend so much of the decision and order on motion of this court dated January 6, 2005, as conditioned a stay and other relief upon their perfection of the appeal on or before February 7, 2005, is granted; and it is further,

ORDERED that the decision and order on motion of this court dated January 6, 2005, is amended by deleting from the decretal paragraphs thereof the date "February 7, 2005," and substituting therefor the date "May 23, 2005"; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23016

J/sl

2004-04162 Arif Yurteri, appellant, v Temel Artukmac, et al., respondents. (Index No. 14999/98)

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, Suffolk County, dated March 22, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before April 25, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22941

M/nal

2005-02277 In the Matter of A. (Anonymous). Laurie J. (Anonymous), et al., respondents; Michael T. (Anonymous), appellant. (Docket No. A-192-03)

SCHEDULING ORDER

Appeal by Michael T. from an order of the Family Court, Suffolk County, dated February 18, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M22966

S/sl

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

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated August 17, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 23, 2005, 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

M22743

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-04432 In the Matter of Charles K. Barber, an attorney and counselor-at-law. (Attorney Registration No. 2322220)

DECISION & ORDER VOLUNTARY RESIGNATION

Charles K. Barber has voluntarily submitted an affidavit dated May 5, 2004, wherein he resigns from the New York State Bar. Mr. Barber was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 6, 1982. There are no complaints or charges of professional misconduct pending against him. Mr. Barber presently resides in Maryland, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Charles K. Barber is accepted and directed to be filed; and it is further,

ORDERED that the name of Charles K. Barber is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Charles K. Barber, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Charles K. Barber has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22729

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-04080 In the Matter of George Lewis Brummer, an attorney and counselor-at-law. (Attorney Registration No. 1665439)

DECISION & ORDER VOLUNTARY RESIGNATION

George Lewis Brummer has voluntarily submitted an affidavit dated April 28, 2004, wherein he resigns from the New York State Bar. Mr. Brummer was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 20, 1980. There are no complaints or charges of professional misconduct pending against him. Mr. Brummer presently resides in California, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of George Lewis Brummer is accepted and directed to be filed; and it is further,

ORDERED that the name of George Lewis Brummer is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, George Lewis Brummer, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if George Lewis Brummer has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22960

J/sl

2004-08275 In the Matter of Johanna C. (Anonymous). Verna Eggleston, respondent; Wendy Johnston, nonparty-appellant. (Index No. 100067/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a resettled order of the Supreme Court, Kings County, dated August 9, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 16, 2005, 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

M22944

M/nal

2005-02363 In the Matter of Olga Cirillo, respondent, v Lawrence Damien Toglia, appellant. (Docket No. V-14615-03)

SCHEDULING ORDER

Appeal by Lawrence Damien Toglia from an order of the Family Court, Westchester County, dated February 8, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M22811

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-03926 In the Matter of Jennifer Danburg, admitted as Jennifer Kay Danburg, an attorney and counselor-at-law. (Attorney Registration No. 3004892)

DECISION & ORDER VOLUNTARY RESIGNATION

Jennifer Danburg has voluntarily submitted an affidavit dated April 29, 2004, wherein she resigns from the New York State Bar. Ms. Danburg was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 9, 2000, under the name Jennifer Kay Danburg. There are no complaints or charges of professional misconduct pending against her. Ms. Danburg presently resides in Texas, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Jennifer Danburg, admitted as Jennifer Kay Danburg, is accepted and directed to be filed; and it is further,

ORDERED that the name of Jennifer Danburg, admitted as Jennifer Kay Danburg, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Jennifer Danburg, admitted as Jennifer Kay Danburg, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Jennifer Danburg, admitted as Jennifer Kay Danburg, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22812

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-04898 In the Matter of John D. Diamond, admitted as John David Diamond, an attorney and counselor-at-law. (Attorney Registration No. 1518414)

DECISION & ORDER VOLUNTARY RESIGNATION

John D. Diamond has voluntarily submitted an affidavit dated June 1, 2004, wherein he resigns from the New York State Bar. Mr. Diamond was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 23, 1964, under the name John David Diamond. There are no complaints or charges of professional misconduct pending against him. Mr. Diamond presently resides in California, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of John D. Diamond, admitted as John David Diamond, is accepted and directed to be filed; and it is further,

ORDERED that the name of John D. Diamond, admitted as John David Diamond, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, John D. Diamond, admitted as John David Diamond, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if John D. Diamond, admitted as John David Diamond, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22805

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-03339 In the Matter of Elizabeth Wallace Dixon, admitted as Elizabeth W. Dixon, an attorney and counselor-at-law. (Attorney Registration No. 1698927)

DECISION & ORDER VOLUNTARY RESIGNATION

Elizabeth Wallace Dixon has voluntarily submitted an affidavit dated April 15, 2004, wherein she resigns from the New York State Bar. Ms. Dixon was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on November 26, 1980, under the name Elizabeth W. Dixon. There are no complaints or charges of professional misconduct pending against her. Ms. Dixon presently resides in California, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Elizabeth Wallace Dixon, admitted as Elizabeth W. Dixon, is accepted and directed to be filed; and it is further,

ORDERED that the name of Elizabeth Wallace Dixon, admitted as Elizabeth W. Dixon, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Elizabeth Wallace Dixon, admitted as Elizabeth W. Dixon, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Elizabeth Wallace Dixon, admitted as Elizabeth W. Dixon, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22921

R/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2004-07426 In the Matter of Eagle Insurance Company, appellant, v Johnny Davis, respondent; Amfani Tarewel Services, et al., proposed additional respondents. (Index No. 15046/03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered July 29, 2004.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until April 22, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22727

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-03090 In the Matter of Albert A. Eustis, an attorney and counselor-at-law. (Attorney Registration No. 1399724)

DECISION & ORDER VOLUNTARY RESIGNATION

Albert A. Eustis has voluntarily submitted an affidavit dated April 7, 2004, wherein he resigns from the New York State Bar. Mr. Eustis was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 12, 1952. There are no complaints or charges of professional misconduct pending against him. Mr. Eustis presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Albert A. Eustis is accepted and directed to be filed; and it is further,

ORDERED that the name of Albert A. Eustis is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Albert A. Eustis, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Albert A. Eustis has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22741

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-03849 In the Matter of Bernard M. Filler, an attorney and counselor-at-law. (Attorney Registration No. 1203363)

DECISION & ORDER VOLUNTARY RESIGNATION

Bernard M. Filler has voluntarily submitted an affidavit dated April 29, 2004, wherein he resigns from the New York State Bar. Mr. Filler was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 16, 1963. There are no complaints or charges of professional misconduct pending against him. Mr. Filler presently resides in Illinois, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Bernard M. Filler is accepted and directed to be filed; and it is further,

ORDERED that the name of Bernard M. Filler is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Bernard M. Filler, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Bernard M. Filler has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22939

M/nal

2005-02268, 2005-02269 In the Matter of Jason R. G. (Anonymous), appellant. (Docket No. D-23031-04)

SCHEDULING ORDER

Appeals by Jason R. G. from two orders of the Family Court, Suffolk County, dated January 25, 2005, and February 14, 2005, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M22742

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-04093 In the Matter of Morton H. Goodman, an attorney and counselor-at-law. (Attorney Registration No. 1186436)

DECISION & ORDER VOLUNTARY RESIGNATION

Morton H. Goodman has voluntarily submitted an affidavit dated May 4, 2004, wherein he resigns from the New York State Bar. Mr. Goodman was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 23, 1954. There are no complaints or charges of professional misconduct pending against him. Mr. Goodman presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Morton H. Goodman is accepted and directed to be filed; and it is further,

ORDERED that the name of Morton H. Goodman is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Morton H. Goodman, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Morton H. Goodman has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22972

J/sl

2004-08473 In the Matter of Allan Grecco, respondent, v Robert J. Cimino, etc., et al., appellants. (Index No. 27600/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered September 3, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 23, 2005, 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

M22977

PL/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-00630 In the Matter of Javon H. (Anonymous), appellant. (Docket No. E-27043/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 11, 2005, in the above-entitled matter is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated December 23, 2003, to compel Milagros Martinez, a court reporter, to provide the stenographic transcripts of the proceedings which occurred on September 17, 2003, in the above-entitled matter.

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 compel the court reporter, Milagros Martinez, to provide the stenographic transcripts of the proceedings which occurred on September 17, 2003, in the above-entitled matter is granted; and it is further,

 ORDERED that on or before April 18, 2005, the court reporter, Milagros Martinez, shall either (1) personally deliver to Jack Rando, Supervising Court Reporter of the Family Court of the City of New York, a copy of her stenographic notes of the proceedings which occurred on September 17, 2003, in the above-entitled matter, or (2) make and file two copies of the transcripts of those proceedings with the Clerk of the Family Court, Kings County; and it is further,

ORDERED that in the event that court reporter Milagros Martinez, does not comply with this decision and order on motion within the time limits specified, the appellant may move to hold Milagros Martinez in contempt of court, which motion shall be made in accordance with the procedures set forth in the Judiciary Law; and it is further,

ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the Clerk of this Court shall issue a new scheduling order enlarging the appellant's time to perfect the appeal; and it is further,

ORDERED that on or before March 18, 2005, the Clerk of the court or his designee, shall serve the court reporter, Milagros Martinez, by mail at her last known address, with a copy of this decision and order on motion.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22739

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-03509 In the Matter of Charles Hansen, an attorney and counselor-at-law. (Attorney Registration No. 2272904)

DECISION & ORDER VOLUNTARY RESIGNATION

Charles Hansen has voluntarily submitted an affidavit dated April 14, 2004, wherein he resigns from the New York State Bar. Mr. Hansen was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 31, 1951. There are no complaints or charges of professional misconduct pending against him. Mr. Hansen presently resides in Missouri, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Charles Hansen is accepted and directed to be filed; and it is further,

ORDERED that the name of Charles Hansen is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Charles Hansen, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Charles Hansen has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22738

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-03724 In the Matter of Cheryl Hone, an attorney and counselor-at-law. (Attorney Registration No. 2529196)

DECISION & ORDER VOLUNTARY RESIGNATION

Cheryl Hone has voluntarily submitted an affidavit dated April 14, 2004, wherein she resigns from the New York State Bar. Ms. Hone was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 24, 1993. There are no complaints or charges of professional misconduct pending against her. Ms. Hone presently resides in Colorado, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Cheryl Hone is accepted and directed to be filed; and it is further,

ORDERED that the name of Cheryl Hone is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Cheryl Hone, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Cheryl Hone has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22959

J/sl

2004-08274 In the Matter of Annette I. (Anonymous). Verna Eggleston, respondent; Wendy Johnston, nonparty-appellant. (Index No. 100066/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a resettled order of the Supreme Court, Kings County, dated August 11, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 16, 2005, 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

M22895

J/sl

2004-08181 In the Matter of Loretta I. (Anonymous). Thomas DeSarli, et al., respondents; Wendy Johnston, nonparty-appellant. (Index No. 100256/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a resettled order of the Supreme Court, Kings County, dated August 11, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 16, 2005, 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

M22810

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-04458 In the Matter of Wendy S. Imber, admitted as Wendy S. Feibusch, an attorney and counselor-at-law. (Attorney Registration No. 1656982)

DECISION & ORDER VOLUNTARY RESIGNATION

Wendy S. Imber has voluntarily submitted an affidavit dated May 19, 2004, wherein she resigns from the New York State Bar. Ms. Imber was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 23, 1980, under the name Wendy S. Feibusch. There are no complaints or charges of professional misconduct pending against her. Ms. Imber presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Wendy S. Imber, admitted as Wendy S. Feibusch, is accepted and directed to be filed; and it is further,

ORDERED that the name of Wendy S. Imber, admitted as Wendy S. Feibusch, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Wendy S. Imber, admitted as Wendy S. Feibusch, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Wendy S. Imber, admitted as Wendy S. Feibusch, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22740

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-04835 In the Matter of Walt McGregor Junker, an attorney and counselor-at-law. (Attorney Registration No. 2623270)

DECISION & ORDER VOLUNTARY RESIGNATION

Walt McGregor Junker has voluntarily submitted an affidavit dated May 26, 2004, wherein he resigns from the New York State Bar. Mr. Junker was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 22, 1994. There are no complaints or charges of professional misconduct pending against him. Mr. Junker presently resides in Texas, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Walt McGregor Junker is accepted and directed to be filed; and it is further,

ORDERED that the name of Walt McGregor Junker is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Walt McGregor Junker, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Walt McGregor Junker has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22881

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-05039 In the Matter of Paul David Lazarus, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Paul David Lazarus has voluntarily submitted an affidavit dated June 11, 2004, wherein he resigns from the New York State Bar. Mr. Lazarus was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 18, 1967. There are no complaints or charges of professional misconduct pending against him. Mr. Lazarus presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Paul David Lazarus is accepted and directed to be filed; and it is further,

ORDERED that the name of Paul David Lazarus is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Paul David Lazarus, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Paul David Lazarus has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22726

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-03088 In the Matter of Matthew Levin, an attorney and counselor-at-law. (Attorney Registration No. 1422609)

DECISION & ORDER VOLUNTARY RESIGNATION

Matthew Levin has voluntarily submitted an affidavit dated April 5, 2004, wherein he resigns from the New York State Bar. Mr. Levin was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 16, 1932. There are no complaints or charges of professional misconduct pending against him. Mr. Levin presently resides in California, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Matthew Levin is accepted and directed to be filed; and it is further,

ORDERED that the name of Matthew Levin is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Matthew Levin, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Matthew Levin has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22745

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-03902 In the Matter of Peter C. Mac Isaac, an attorney and counselor-at-law. (Attorney Registration No. 1579390)

DECISION & ORDER VOLUNTARY RESIGNATION

Peter C. Mac Isaac has voluntarily submitted an affidavit dated April 30, 2004, wherein he resigns from the New York State Bar. Mr. Mac Isaac was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 23, 1974. There are no complaints or charges of professional misconduct pending against him. Mr. Mac Isaac presently resides in New Jersey, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Peter C. Mac Isaac is accepted and directed to be filed; and it is further,

ORDERED that the name of Peter C. Mac Isaac is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Peter C. Mac Isaac, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Peter C. Mac Isaac has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22746

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-04198 In the Matter of Craig A. Macauley, an attorney and counselor-at-law. (Attorney Registration No. 2246304)

DECISION & ORDER VOLUNTARY RESIGNATION

Craig A. Macauley has voluntarily submitted an affidavit dated May 5, 2004, wherein he resigns from the New York State Bar. Mr. Macauley was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 13, 1988. There are no complaints or charges of professional misconduct pending against him. Mr. Macauley presently resides in Massachusetts, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee .

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Craig A. Macauley is accepted and directed to be filed; and it is further,

ORDERED that the name of Craig A. Macauley is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Craig A. Macauley, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Craig A. Macauley has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22732

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-05171 In the Matter of Alan B. Morrison, an attorney and counselor-at-law. (Attorney Registration No. 1646074)

DECISION & ORDER VOLUNTARY RESIGNATION

Alan B. Morrison has voluntarily submitted an affidavit dated June 14, 2004, wherein he resigns from the New York State Bar. Mr. Morrison was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 22, 1967. There are no complaints or charges of professional misconduct pending against him. Mr. Morrison presently resides in District of Columbia, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Alan B. Morrison is accepted and directed to be filed; and it is further,

ORDERED that the name of Alan B. Morrison is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Alan B. Morrison, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Alan B. Morrison has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22808

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-03683 In the Matter of William F. Mulroney, admitted as William Francis Mulroney, an attorney and counselor-at-law. (Attorney Registration No. 2154193)

DECISION & ORDER VOLUNTARY RESIGNATION

William F. Mulroney has voluntarily submitted an affidavit dated April 26, 2004, wherein he resigns from the New York State Bar. Mr. Mulroney was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 5, 1976, under the name William Francis Mulroney. There are no complaints or charges of professional misconduct pending against him. Mr. Mulroney presently resides in Maryland, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of William F. Mulroney, admitted as William Francis Mulroney, is accepted and directed to be filed; and it is further,

ORDERED that the name of William F. Mulroney, admitted as William Francis Mulroney, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, William F. Mulroney, admitted as William Francis Mulroney, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if William F. Mulroney, admitted as William Francis Mulroney, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22806

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-05553 In the Matter of Julie L. Novkov, admitted as Julie Lavonne Novkov, an attorney and counselor-at-law. (Attorney Registration No. 2537710)

DECISION & ORDER VOLUNTARY RESIGNATION

Julie L. Novkov has voluntarily submitted an affidavit dated June 25, 2004, wherein she resigns from the New York State Bar. Ms. Novkov was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 5, 1993, under the name Julie Lavonne Novkov. There are no complaints or charges of professional misconduct pending against her. Ms. Novkov presently resides in Oregon, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Julie L. Novkov, admitted as Julie Lavonne Novkov, is accepted and directed to be filed; and it is further,

ORDERED that the name of Julie L. Novkov, admitted as Julie Lavonne Novkov, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Julie L. Novkov, admitted as Julie Lavonne Novkov, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Julie L. Novkov, admitted as Julie Lavonne Novkov, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22809

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-04197 In the Matter of Richard J. Oulton, admitted as Richard James Oulton, an attorney and counselor-at-law. (Attorney Registration No. 2236966)

DECISION & ORDER VOLUNTARY RESIGNATION

Richard J. Oulton has voluntarily submitted an affidavit dated May 6, 2004, wherein he resigns from the New York State Bar. Mr. Oulton was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 6, 1974, under the name Richard James Oulton. There are no complaints or charges of professional misconduct pending against him. Mr. Oulton presently resides in Virginia, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Richard J. Oulton, admitted as Richard James Oulton, is accepted and directed to be filed; and it is further,

ORDERED that the name of Richard J. Oulton, admitted as Richard James Oulton, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Richard J. Oulton, admitted as Richard James Oulton, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Richard J. Oulton, admitted as Richard James Oulton, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23019

S/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2004-05077 In the Matter of Christopher Pierro, respondent, v Michael William O'Connor, et al., appellants. . (Index No. 05035/03)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated December 11, 2003.

Upon the papers filed in support of the motion and upon the stipulation of the parties, it is

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

ORDERED that the appellants' time to perfect the appeal is enlarged until April 8, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22804

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-04200 In the Matter of Neil R. Post, admitted as Neil Randolf Post, an attorney and counselor-at-law. (Attorney Registration No. 2765857)

DECISION & ORDER VOLUNTARY RESIGNATION

Neil R. Post has voluntarily submitted an affidavit dated October 8, 2003, wherein he resigns from the New York State Bar. Mr. Post was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 12, 1984, under the name Neil Randolf Post. There are no complaints or charges of professional misconduct pending against him. Mr. Post presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Neil R. Post, admitted as Neil Randolf Post, is accepted and directed to be filed; and it is further,

ORDERED that the name of Neil R. Post, admitted as Neil Randolf Post, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Neil R. Post, admitted as Neil Randolf Post, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Neil R. Post, admitted as Neil Randolf Post, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22930

C/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2005-01959 In the Matter of Sheila Rann, respondent, v Metropolitan Transportation Authority, et al., appellants. (Index No. 26177/04)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Queens County, dated January 20, 2005, 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 branch of the motion which is to stay the enforcement of so much of the order as directed the appellants to provide the respondent with the material listed in paragraph D of the order to show cause dated November 29, 2004, within 30 days of the date of that order, is denied as unnecessary, as a stay pursuant to CPLR 5519(a)(1) exists with respect to that part of the order; and it is further,

ORDERED that the branch of the motion which is to stay the enforcement of so much of the order as restrained the appellants from damaging or changing the subject platform and its lighting is granted on condition that the appeal is perfected on or before April 18, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 18, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22735

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-05247 In the Matter of Richard P. Rappoli, an attorney and counselor-at-law. (Attorney Registration No. 2247336)

DECISION & ORDER VOLUNTARY RESIGNATION

Richard P. Rappoli has voluntarily submitted an affidavit dated June 16, 2004, wherein he resigns from the New York State Bar. Mr. Rappoli was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 12, 1988. There are no complaints or charges of professional misconduct pending against him. Mr. Rappoli presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Richard P. Rappoli is accepted and directed to be filed; and it is further,

ORDERED that the name of Richard P. Rappoli is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Richard P. Rappoli, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Richard P. Rappoli has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22736

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-05554 In the Matter of Ralph Resnick, an attorney and counselor-at-law. (Attorney Registration No. 1603091)

DECISION & ORDER VOLUNTARY RESIGNATION

Ralph Resnick has voluntarily submitted an affidavit dated June 25, 2004, wherein he resigns from the New York State Bar. Mr. Resnick was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 4, 1956. There are no complaints or charges of professional misconduct pending against him. Mr. Resnick presently resides in North Carolina, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Ralph Resnick is accepted and directed to be filed; and it is further,

ORDERED that the name of Ralph Resnick is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Ralph Resnick, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Ralph Resnick has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22952

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2005-02238 In the Matter of Panayiotis Rodamis, et al., respondents, v Cretan's Association Omonoia, Inc., et al., appellants. (Index No. 27012/04)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to this court from an order of the Supreme Court, Queens County, dated February 10, 2005, to stay the hearing in the above-entitled proceeding scheduled for April 6, 2005, and to stay the enforcement of so much of the order as continued the temporary restraining order contained in an order to show cause dated December 2, 2004.

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

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

ORDERED that the hearing in the above-entitled proceeding scheduled for April 6, 2005, and so much of the order dated February 10, 2005, as continued the temporary restraining order contained in the order to show cause dated December 2, 2004, are stayed pending hearing and determination of the appeal, on condition that the appeal is perfected on or before April 18, 2005; and it is further,

ORDERED that if the appeal is not perfected by April 18, 2005, the court on its own motion may vacate the stay or the respondents may move to vacate the stay on three days notice.

FLORIO, J.P., KRAUSMAN, LUCIANO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22748

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-04668 In the Matter of Shelton H. Skolnick, an attorney and counselor-at-law. (Attorney Registration No. 1209121)

DECISION & ORDER VOLUNTARY RESIGNATION

Shelton H. Skolnick has voluntarily submitted an affidavit dated May 25, 2004, wherein he resigns from the New York State Bar. Mr. Skolnick was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 24, 1973. There are no complaints or charges of professional misconduct pending against him. Mr. Skolnick presently resides in Maryland, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Shelton H. Skolnick is accepted and directed to be filed; and it is further,

ORDERED that the name of Shelton H. Skolnick is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Shelton H. Skolnick, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Shelton H. Skolnick has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22937

M/nal

2005-02242 In the Matter of Leanne St. M. (Anonymous). Administration for Children's Services, appellant; Leroy R. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Tiesha St. M. (Anonymous). Administration for Children's Services, appellant; Leroy R. (Anonymous), respondent. (Proceeding No. 2) In the Matter of Jamel St. M. (Anonymous). Administration for Children's Services, appellant; Leroy R. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. N-30651/04, N-30652/04, N-30653/04)

SCHEDULING ORDER

Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated February 9, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M22936

E/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-07211 In the Matter of State Farm Mutual Automobile Insurance Company, respondent, v Stephanie Buckley, appellant, et al., defendant. (Index No. 18383/03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated August 10, 2004.

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

ORDERED that the motion is granted to the extent that the appellant's time to perfect the appeal is enlarged until May 18, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the motion is otherwise denied.

COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22948

M/nal

2005-02435 In the Matter of Maurice T. (Anonymous), appellant, v Mark P. (Anonymous), respondent-respondent, et al., respondent. (Docket No. P-20694/04)

SCHEDULING ORDER

Appeal by Maurice T. from an order of the Family Court, Kings County, dated February 2, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M22807

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-04092 In the Matter of Marc S. Wachter, admitted as Marc Steven Wachter, an attorney and counselor-at-law. (Attorney Registration No. 2442036)

DECISION & ORDER VOLUNTARY RESIGNATION

Marc S. Wachter has voluntarily submitted an affidavit dated May 6, 2004, wherein he resigns from the New York State Bar. Mr. Wachter was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 25, 1992, under the name Marc Steven Wachter. There are no complaints or charges of professional misconduct pending against him. Mr. Wachter presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Marc S. Wachter, admitted as Marc Steven Wachter, is accepted and directed to be filed; and it is further,

ORDERED that the name of Marc S. Wachter, admitted as Marc Steven Wachter, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Marc S. Wachter, admitted as Marc Steven Wachter, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Marc S. Wachter, admitted as Marc Steven Wachter, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22731

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-05065 In the Matter of Robert L. Walker, an attorney and counselor-at-law. (Attorney Registration No. 1546571)

DECISION & ORDER VOLUNTARY RESIGNATION

Robert L. Walker has voluntarily submitted an affidavit dated June 8, 2004, wherein he resigns from the New York State Bar. Mr. Walker was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 18, 1967. There are no complaints or charges of professional misconduct pending against him. Mr. Walker presently resides in California, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Robert L. Walker is accepted and directed to be filed; and it is further,

ORDERED that the name of Robert L. Walker is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Robert L. Walker, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Robert L. Walker has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22749

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-03590 In the Matter of Thomas G. Washing, an attorney and counselor-at-law. (Attorney Registration No. 1236447)

DECISION & ORDER VOLUNTARY RESIGNATION

Thomas G. Washing has voluntarily submitted an affidavit dated April 20, 2004, wherein he resigns from the New York State Bar. Mr. Washing was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on August 21, 1967. There are no complaints or charges of professional misconduct pending against him. Mr. Washing presently resides in Colorado, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Thomas G. Washing is accepted and directed to be filed; and it is further,

ORDERED that the name of Thomas G. Washing is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Thomas G. Washing, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Thomas G. Washing has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22938

M/nal

2005-02246 In the Matter of Sharron Willis, respondent, v Vassell Watson, appellant. (Docket No. O-126/05)

SCHEDULING ORDER

Appeal by Vassell Watson from an order of the Family Court, Richmond County, dated January 26, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M22734

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-05245 In the Matter of Stephen B. Young, an attorney and counselor-at-law. (Attorney Registration No. 2143832)

DECISION & ORDER VOLUNTARY RESIGNATION

Stephen B. Young has voluntarily submitted an affidavit dated June 15, 2004, wherein he resigns from the New York State Bar. Mr. Young was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 5, 1975. There are no complaints or charges of professional misconduct pending against him. Mr. Young presently resides in Minnesota, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Stephen B. Young is accepted and directed to be filed; and it is further,

ORDERED that the name of Stephen B. Young is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Stephen B. Young, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Stephen B. Young has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22747

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-03901 In the Matter of Frederick J. Zambito, an attorney and counselor-at-law. (Attorney Registration No. 1223999)

DECISION & ORDER VOLUNTARY RESIGNATION

Frederick J. Zambito has voluntarily submitted an affidavit dated April 29, 2004, wherein he resigns from the New York State Bar. Mr. Zambito was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 16, 1974. There are no complaints or charges of professional misconduct pending against him. Mr. Zambito presently resides in New Jersey, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Frederick J. Zambito is accepted and directed to be filed; and it is further,

ORDERED that the name of Frederick J. Zambito is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Frederick J. Zambito, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Frederick J. Zambito, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22728

K/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

SONDRA MILLER

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2004-03368 In the Matter of Fredric J. Zisk, an attorney and counselor-at-law. (Attorney Registration No. 2069318)

DECISION & ORDER VOLUNTARY RESIGNATION

Fredric J. Zisk has voluntarily submitted an affidavit dated April 16, 2004, wherein he resigns from the New York State Bar. Mr. Zisk was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 15, 1966. There are no complaints or charges of professional misconduct pending against him. Mr. Zisk presently resides in Israel, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Fredric J. Zisk is accepted and directed to be filed; and it is further,

ORDERED that the name of Fredric J. Zisk is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Fredric J. Zisk, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Fredric J. Zisk has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., H. MILLER, S. MILLER, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22956

A/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-01286 The People, etc., respondent, v Jorge Baldeon, appellant. (Ind. No. 10375/95)

ORDER TO SHOW CAUSE

Motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Queens County, rendered January 7, 2004, for leave to prosecute the appeal from the purported judgment as a poor person, and for the assignment of counsel.

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

ORDERED that on the court's own motion, the appellant is ordered to show cause before this court, why an order should or should not be entered dismissing the appeal from the purported judgment on the ground that no appeals lie from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered November 27, 1995, to be brought to execution (see People v Crawford, 239 AD2d 515), by filing an affidavit on that issue with the Clerk of this court on or before April 14, 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 appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,

 ORDERED that the motion for poor person relief is held in abeyance in the interim.

H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22935

E/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-07440 The People, etc., respondent, v Louis Black, appellant. (Ind. No. 188/93)

DECISION & ORDER ON MOTION

Motion by the defendant to enlarge the time to perfect an appeal from an order of the County Court, Dutchess County, dated March 31, 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 it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until May 17, 2005.

COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M22321

F/

THOMAS A. ADAMS, J.

2005-00689 The People, etc., plaintiff, v Ray Brunson, defendant. (Ind. No. 10740/00)

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 December 15, 2004, 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.

THOMAS A. ADAMS

Associate Justice

Appellate Division: Second Judicial Department

M22934

E/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2002-10087 The People, etc., respondent, v William Clanton, appellant. (Ind. No. 328/02)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered October 23, 2002, to dismiss the appeal upon the death of appellant on June 7, 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, the appeal is dismissed, and the matter is remitted to the Supreme Court, Kings County, for entry of an order vacating the judgment and dismissing the indictment pursuant to People v Mintz (see 20 NY2d 770).

COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M22512

F/

DANIEL F. LUCIANO, J.

2004-10878 The People, etc., plaintiff, v Matthew Gannon, defendant. (Ind. No. 97-00256)

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 County Court, Orange County, dated November 8, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

DANIEL F. LUCIANO

Associate Justice

Appellate Division: Second Judicial Department

M22965

A/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-05464 The People, etc., respondent, v Mario Gomez, appellant. (Ind. No. 2689/01)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered May 29, 2003, and cross motion by the respondent to dismiss the appeal as abandoned.

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 cross motion is granted; and it is further,

ORDERED that the appeal is dismissed (see 22 NYCRR 670.8[f]); and it is further,

ORDERED that the motion is denied as academic.

ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22947

S/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO, JJ.

2003-04619 The People, etc., respondent, v Hassan Hayes, appellant. (Ind. No. 1158/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 8, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 22, 2004, in the above-entitled case is amended by deleting the final decretal paragraph thereof and substituting therefor the following decretal paragraph:

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

PRUDENTI, P.J., ADAMS, KRAUSMAN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22968

A/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-06901, 2003-08553 The People, etc., respondent, v Von Knowlden, a/k/a Salim Abdul-Malik, appellant. (Ind. No. 2864/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered June 30, 2003, and a resentence of the same court imposed August 12, 2003, and for leave to prosecute the appeal pro se.

On February 26, 2004, the appellant's motion for leave to prosecute the appeal as a poor person was granted and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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

ORDERED that the motion is granted on condition that, upon the filing of his appellate brief with this court, the appellant shall also file a properly executed waiver of his right to appellate counsel, which waiver shall read as follows:

WAIVER OF RIGHT TO APPELLATE COUNSEL

I understand that I have the right to be represented by an attorney in prosecuting my appeal. If I cannot afford to retain counsel, one will be assigned to represent me at State expense. Knowing these rights I voluntarily elect to waive them and to represent myself on the appeal. I have not been forced to waive my rights and I believe myself to be of sufficient intelligence and ability to properly protect my own interests without the assistance of a lawyer to, among other things, write an appellate brief.

Von Knowlden, a/k/a Salim Abdul-Malik

State of

County of

On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same, and that by his signature on the instrument, the individual executed the instrument.

Notary Public

ORDERED that the assigned counsel is relieved of the assignment and is directed to deliver any transcripts of the proceedings in his possession and all papers on the appeal to the Clerk of this court, who shall deliver same to the person in charge of the institution wherein the appellant is incarcerated for the appellant's examination and use. The transcript shall be returned to this court when the appellant files his appellate brief; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the clerk of this court (see, 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until December 1, 2002; and it is further,

 ORDERED that the appellant shall file nine copies of his brief and serve one copy on the District Attorney.

ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16565

K/sl

ROBERT A. LIFSON, J.

2004-06679 The People, etc., respondent, v Antonio McCoy, appellant. (Ind. No. 3283/99, 4921/99)

DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION

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 April 22, 2004, 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 granted; the defendant is granted leave to appeal from the order of the Supreme Court, Kings County, dated April 22, 2004, made in this case; and it is further,

CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,

ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.

ROBERT A. LIFSON

Associate Justice

Appellate Division : Second Judicial Department

M22510

F/

THOMAS A. ADAMS, J.

2005-00980 The People, etc., plaintiff, v William Mitchell, defendant. (Ind. No. 1943-00)

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 County Court, Suffolk County, dated January 5, 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.

THOMAS A. ADAMS

Associate Justice

Appellate Division : Second Judicial Department

M22511

F/

DANIEL F. LUCIANO, J.

2004-10475 The People, etc., plaintiff, v Clarence Pearl, defendant. (Ind. No. 278/03)

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 County Court, Nassau County, dated November 9, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

DANIEL F. LUCIANO

Associate Justice

Appellate Division : Second Judicial Department

M21954

F/

THOMAS A. ADAMS, J.

2004-11338 The People, etc., plaintiff, v Michael Robinson, defendant. (Ind. No. 2141/99)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 20, 2004, 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.

THOMAS A. ADAMS

Associate Justice

Appellate Division : Second Judicial Department

M22513

F/

DANIEL F. LUCIANO, J.

2004-10877 The People, etc., plaintiff, v Anthony M. Smith, defendant. (Ind. No. 9536/98)

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 27, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

DANIEL F. LUCIANO

Associate Justice

Appellate Division: Second Judicial Department

M22963

S/sl

2002-02616 The People, etc., respondent, v Giovanni Smith, appellant. (Ind. No. 8623/00)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated March 6, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 5, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M21958

F/

ANITA R. FLORIO, J.

2004-08412 The People, etc., plaintiff, v John Thompson, defendant. (Ind. No. 2901-99)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated August 31, 2004, 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.

ANITA R. FLORIO

Associate Justice

Appellate Division: Second Judicial Department

M22961

S/sl

1999-03941 The People, etc., respondent, v Jecoina Vinson, appellant. (Index No. 97-01486)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the County Court, Westchester County, rendered April 6, 1999.

ORDERED that the application is granted and the reply brief shall be served and filed on or before March 22, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23007

S/sl

2004-03685, 2004-09019, 2004-09020, 2004-09021 The People, etc., respondent, v Anthony White, et al., appellants. (Ind. No. 6467/01)

ORDER ON APPLICATION

Application by the appellants George Kirschbaum, Anthony White, A-Best Auto Parts, Inc., and A&G Auto Dismantling, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from a judgment of the Supreme Court, Kings County, rendered April 21, 2004.

ORDERED that the application is granted and the movants' reply brief shall be served and filed on or before April 21, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court