APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9235

L/

2003-09870 Karl J. Brandt, respondent, v A & D Maintenance, Inc., appellant. (Index No. 15342/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 23, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9243

L/

2003-06606 Dennis DelGuidice, et al., appellants, v Raymond Gonzalez, et al., respondents. (Index No. 13234/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 16, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9258

L/

2003-09305 Coventry Edwards-Pitt, appellant, v Randy Longstaff, et al., respondents. (Index No. 7723/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated September 24, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9277

L/

2003-08366 Gerardo Galindo, et al., plaintiffs- respondents, v Jane H. Goldman, et al., defendants-respondents, Joseph Tobias and Sons d/b/a 587 5th Realty Company, defendant-appellant. (Index No. 9652/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 18, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9237

L/

2003-09613 Ann M. Gaydos, et al., appellants, v Fred Muhlbauer a/k/a Frederick W. Muhlbauer, d/b/a Broodside Construction, respondent (and a third-party action). (Index No. 2795/97)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 25, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9245

L/

2003-09554 Mona A. Goodman, respondent, v City of Long Beach, et al., appellants. (Index No. 2270/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 25, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9246

L/

2003-10695 Mona A. Goodman, respondent, v City of Long Beach, et al., appellants. (Index No. 2270/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 7, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9213

C/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

NANCY E. SMITH

REINALDO E. RIVERA, JJ.

2003-06077 Household Finance Realty Corporation of New York, respondent, v Leo S. Brown, etc., et al., appellants. (Index No. 7956/01)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to serve and file a supplemental record on an appeal from an order of the Supreme Court, Orange County, dated April 24, 2003, or, to strike stated portions of the record on appeal and, in effect, to strike stated portions of the appellants' brief on the ground that they contain or refer to matters dehors the record.

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 strike stated portions of the record and the appellants' brief is granted, and the following material is stricken from the record and brief: pages 245 through 314 of the record; the last three paragraphs of page 8 of the brief, and the last three paragraphs of page 17 of the brief; and it is further,

ORDERED that on or before April 5, 2004, the appellants shall delete or remove the aforementioned material from the copies of the record and brief on file with the Clerk of this court; and it is further,

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

 ORDERED that on the court's own motion, the respondent shall serve and file its brief on or before May 5, 2004.

ALTMAN, J.P., FLORIO, SMITH and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9254

L/

2003-11410 Sharon Kagan, et al., appellants, v Howard Farber, d/b/a Clearwater Beach Club, et al., respondents. (Index No. 10038/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 9, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9241

L/

2003-08555 Roni M. Levine, plaintiff-respondent, v County of Suffolk, defendant-appellant, Town of Babylon, et al., defendants-respondents. (Index No. 7876/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 16, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9286

E/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-11405 Liberty Mutual Insurance Company, et al., respondents, v Parallel Management, et al., defendants, Lloyd Berns, et al., appellants. (Index No. 18068/03)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Nassau County, dated December 22, 2003, to enlarge the record on appeal to include the transcript of certain proceedings which occurred before the Supreme Court, Nassau County on March 5, 2004, and for leave to serve and file a supplemental brief raising issues relating to those proceedings.

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

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

ORDERED that on the court's own motion, the respondents' time to serve and file a brief is enlarged until April 12, 2004, and the respondents' brief must be served and filed on or before that date.

KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9260

L/

2003-11424 James McCue, respondent, v County of Westchester, et al., appellants. (Index No. 4948/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 5, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9282

L/

2004-00857 Melville Industrial Associates, appellant, v Career Blazers Agency, Inc., et al., respondents. (Index No. 15472/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 5, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9247

L/

2003-10114 John Mraz, appellant, v Marie H. Bouzy, a/k/a Maire H. Bouzi, respondent. (Index No. 4987/93)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 1, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9232

A/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-07418, 2003-07419 Stuart Patchen, respondent-appellant, v Margaret Patchen, appellant-respondent. (Index No. 16904/01)

DECISION & ORDER ON MOTION

Appeals by the defendant from two orders of the Supreme Court, Westchester County, dated July 1, 2003, and July 2, 2003, respectively, and cross appeal by the plaintiff from the order dated July 2, 2003. By order to show cause dated January 15, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals and the cross appeal in the above-entitled action for failure to comply with a scheduling order dated September 26, 2003, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeals and the cross appeal are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 26, 2003 (see 22 NYCRR 670.4[a][5]).

S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9259

L/

2003-10586 Progressive International Co., respondent, v Varum Continental, Ltd., appellant. (Index No. 11223/02 )

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, entered August 12, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9240

L/

2003-11413 Joseph B. Robertson, et al., respondents, v J.E.S. Environmental, Inc., et al., appellants, et al., defendant. (Index No. 8320/99)

ORDER ON APPLICATION Application to Withdraw Appeals

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Nassau County, dated December 1, 2003.

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

ORDERED that the applications are granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9222

A/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-00839 Nina Rozet, appellant, v City of New York, Department of Social Services, respondent. (Index No. 1014/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, for leave to prosecute an appeal from an order of the of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated October 21, 2003, which affirmed a judgment of the Civil Court of the City of New York, Kings County, entered May 25, 2000, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition or relation 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 (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion is denied as academic.

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9257

L/

2003-08230 Eugene D. Russell, et al., plaintiffs- respondents, v Cottage of Castle Building, Inc., defendant-respondent, Boris Zilberdrut, et al., defendants-appellants. (Index No.15251/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 13, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9255

L/

2003-11372 Anna Sikorska, respondent-appellant, v City of New York, respondent, Hazen and Sawyer, P.C./Malcolm Pirnie, Inc., et al., appellants-respondents. (Index No. 1249/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants-respondents to withdraw their respective appeals from an order of the Supreme Court, Kings County, dated November 12, 2003.

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

ORDERED that the applications are granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9271

L/

2003-08774 Susan Sommers, respondent, v Harold Sommers, appellant. (Index No. 27520/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 11, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9274

L/

2003-04338 Nicole Venier, plaintiff-respondent, v Benito Ventura, et al., defendants third-party plaintiffs-appellants; Michael D. Beys, et al., third-party defendants-respondents. (Index No.26216/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 21, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9275

L/

2002-11588 Eduart Verzivolli, et al., respondents- appellants, v State of New York, appellant- respondent. (Index No. 96794)

ORDER ON APPLICATION Application to Withdraw Appeal

Applications by the appellant-respondent and respondents-appellants to withdraw an appeal and cross appeal from a judgment of the Court of Claims, dated November 20, 2002.

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

ORDERED that the applications are granted and the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9212

A/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2002-06668, 2002-08755 Lisa Viola, appellant-respondent, v Joseph Blanco, et al., respondents-appellants. (Index No. 3745/99)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent for leave to reargue appeals from two orders of the Supreme Court, Queens County, dated June 14, 2002, and August 19, 2002, and a cross appeal from the order dated June 14, 2002, which were determined by decision and order of this court dated November 17, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

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

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9221

S/sl

2003-09052 James S. Wallis, respondent, v Fred Rossi, appellant, et al., defendants. (Index No. 02/13401)

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, Nassau County, dated September 17, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 9, 2004, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9252

L/

2003-05051 Richard Welch, appellant, v Jose Mejia, et al., respondents. (Index No. 4077/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 21, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9228

Y/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-09584 Kathryn Zarate, respondent, v Nassau County Medical Center, et al., appellants. (Index No. 15205/99)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, entered October 10, 2003, inter alia, to vacate the stay granted by decision and order on motion of this court dated December 1, 2003, and to enlarge the time to serve and file a brief.

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

ORDERED that the motion is granted to the extent that the respondent's time to serve and file a brief is enlarged until April 5, 2004, and the respondent's brief must be served and filed on or before that date, and the motion is otherwise denied; and it further,

ORDERED that no further enlargements of time will be granted.

We note that the decision and order on motion of this court dated December 1, 2003, only stayed the trial and discovery in the above-entitled action and does not preclude the Supreme Court, Nassau County, from determining the respondent's motion to amend the complaint.

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9238

L/

2003-08186 Shirley Zucker, etc., respondent, v Montgomery Development Corp., et al., appellants, et al., defendants (and third-party actions). (Index No. 889/95)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Merry Go Round Enterprises, Inc., to withdraw its appeal from an order of the Supreme Court, Nassau County, dated June 30, 2003.

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

ORDERED that the application is granted and the appeal by the appellant Merry Go Round Enterprises, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9216

A/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2002-05204, 2003-05137 In the Matter of Elizabeth B. (Anonymous). Suffolk County Department of Social Services, respondent; Philip B. (Anonymous), Sr., appellant. (Proceeding No. 1) (Docket No. N-2075-99) In the Matter of William B. (Anonymous). Suffolk County Department of Social Services, respondent; Philip B. (Anonymous), Sr., appellant. (Proceeding No. 2) (Docket No. N-2076-99) In the Matter of Phillip B. (Anonymous). Suffolk County Department of Social Services, respondent; Philip B. (Anonymous), Sr., appellant. (Proceeding No. 3) (Docket No. N-2077-99)

DECISION & ORDER ON MOTION

Appeals by Phillip B., Sr., from two orders of the Family Court, Suffolk County, dated May 1, 2002, and May 5, 2003, respectively. By decision and order on motion dated November 29, 2003, the appellant's motion for leave to prosecute the appeals as a poor person was denied with leave to renew on or before December 23, 2003. By order to show cause dated January 15, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for the appellant's failure to renew his motion for leave to prosecute the appeals as a poor person, pursuant to the order dated November 24, 2003.

Now, on the court's own motion, and the papers filed by the respondent in response to the order to show cause, it is

ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this court dated November 24, 2003

RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9172

M/nal

2004-02248 In the Matter of Susan Baltrus, respondent, v Matt Baltrus, appellant. (Docket No. F-16962-02)

SCHEDULING ORDER

Appeal by Matt Baltrus from an order of the Family Court, Nassau County, dated February 6, 2004. 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

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9256

M/nal

2003-07000 In the Matter of Frederic Blanc, respondent, v Isabelle Jeanmarie Larcher, appellant. (Docket Nos. V-17565-01, V-17058-01)

SCHEDULING ORDER

Appeal by Isabelle Jeanmarie Larcher from an order of the Family Court, Queens County, dated July 18, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until April 1, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9262

M/nal

2003-04432 In the Matter of Todd D. (Anonymous). Administration for Children's Services, et al., respondents; Jean L. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-00385-01) In the Matter of Dashawn L. (Anonymous). Administration for Children's Services, et al., respondents; Jean L. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-00386-01)

SCHEDULING ORDER

Appeal by Jean L. from an order of the Family Court, Kings County, dated February 11, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until April 8, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9272

L/

2003-09350 In the Matter of Leonard Goldstein, appellant, v Celeste Goldstein, respondent. (Docket No. F-2977-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Rockland County, dated August 22, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9269

L/

2003-09265 In the Matter of Jacqueline Gordon, respondent, v Andrew Gordon, appellant. (Docket No. 0-04173-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Richmond County, dated September 18, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9167

M/nal

2004-02133 In the Matter of Patricia Griffin, respondent, v Daniel B. Griffin, appellant. (Docket No. F-00277-92)

SCHEDULING ORDER

Appeal by Daniel B. Griffin from an order of the Family Court, Westchester County, dated February 6, 2004. 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

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9250

S/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

BARRY A. COZIER, JJ.

2003-02010 In the Matter of Nicolette H. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Austin H. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Nathaniel S. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 3) (Docket Nos. N 05022-02, N 5016-02, N 5017-02, N-5013-02)

DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel of Assignment and to Assign New Counsel - Family Court

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 10, 2004, 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 counsel assigned to represent the respondent John F. in connection with the above entitled proceedings is relieved from representing that respondent on an appeal from an order of the Family Court, Dutchess County, dated February 10, 2004, and is directed to turn over all papers in the proceedings to new counsel herein assigned.

The following named attorney was assigned by the Family Court, Dutchess County, to represent the respondent John F. in the above entitled proceedings:

Brian M. Judge, Esq.

1733 Main Street

P.O. Box 3750

Poughkeepsie, NY 12603

and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as new counsel for the respondent John F.:

Arza Raychess Feldman, Esq.

300 Rabro Drive

Hauppauge, New York 11788

(631) 272-5207

ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9239

L/

2003-09855 In the Matter of Audrey Hodges, respondent, v Kaliph D. Cole, appellant. (Docket No. P-02069-96)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated September 12, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9242

L/

2004-00032 In the Matter of William J. Imhof, appellant, v Zoning Board of Appeals of Town of Islip, respondent. (Index No. 15367/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 6, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9230

A/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-06390 In the Matter of Independent Master Plumbers of Westchester County, Inc., appellant, v Westchester County Board of Plumbing Examiners, respondent. (Index No. 4464/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, entered June 18, 2003, inter alia, to enlarge the record on appeal to include a letter dated October 16, 2002.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9236

L/

2003-07671 In the Matter of William J. Larkin III, et al., appellants, v Town of Cornwall Planning Board, et al., respondents. (Index No. 2278/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated July 16, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9225

M/nal

2004-02135 In the Matter of Miriam Leyberman, respondent, v Lev Leyberman, appellant. (Docket No. F-02308/01)

SCHEDULING ORDER

Appeal by Lev Leyberman from an order of the Family Court, Kings County, dated December 29, 2003. 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

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

M9166

M/nal

2004-02091 In the Matter of Diana Tiffany M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Jorge M. (Anonymous), appellant, et al., respondent. In the Matter of Julius Samuel M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Jorge M. (Anonymous), appellant, et al., respondent. (Docket Nos. B-3965-03, B-3966-03, N-896-99, N-923-99, N-1631-01, N-1632-01)

SCHEDULING ORDER

Appeal by Jorge M. from an order of the Family Court, Suffolk County, dated December 3, 2003. 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 of the Family Court proceeding to be transcribed for the appeal; or

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

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

(4) if the appellant 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

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9227

M/nal

2004-02217 In the Matter of Letayvia M. (Anonymous), appellant. (Docket No. D-20198-03)

SCHEDULING ORDER

Appeal by Letayvia M. from an order of the Family Court, Queens County, dated March 2, 2004. 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

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

M9244

L/

2003-09995 In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Peter Ciolino, et al., respondents. (Index No. 6239/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 30, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9266

L/

2003-10292, 2003-10294, 2003-10295, 2003-10296 In the Matter of Sharen Olsen, respondent, v Michael Ucci, appellant. (Docket No. P-1213-88)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from four orders of the Family Court, Suffolk County, two dated October 16, 2003, and two dated October 23, 2003, respectively.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9168

M/nal

2004-02136 In the Matter of Racher P. (Anonymous), respondent, v Peter George A. (Anonymous), appellant. (Docket No. P-1128/03)

SCHEDULING ORDER

Appeal by Peter George A. from an order of the Family Court, Kings County, dated February 6, 2004. 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 proceeding to be transcribed for the appeal; or

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

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

(4) if the appellant 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

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9165

M/nal

2004-02089 In the Matter of Beth Panetta, appellant, v Gannon T. Ruddy, Sr., respondent. (Docket No. V-4224-97)

SCHEDULING ORDER

Appeal by Beth Panetta from an order of the Family Court, Suffolk County, dated February 20, 2004. 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 proceeding to be transcribed for the appeal; or

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

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

(4) if the appellant 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

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9226

M/nal

2004-02104 In the Matter of Marianna Rosato, respondent, v Mark Rosato, appellant. (Docket No. F-722/97)

SCHEDULING ORDER

Appeal by Mark Rosato from an order of the Family Court, Rockland County, dated February 6, 2004. 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

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

M9224

M/nal

2004-02090 In the Matter of William J. Rutkowski, respondent, v Patricia Hardy, appellant. (Docket No. U-14-01)

SCHEDULING ORDER

Appeal by Patricia Hardy from an order of the Family Court, Suffolk County, dated February 9, 2004. 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

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

M9253

M/nal

2003-09593, 2003-09596 In the Matter of Darrin S. (Anonymous), appellant. (Docket No. D-9510/02)

SCHEDULING ORDER

Appeals by Darrin S. from two orders of the Family Court, Suffolk County, dated September 17, 2003, and September 29, 2003, respectively. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until April 9, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9234

A/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-09665 In the Matter of Michael S. (Anonymous). Suffolk County Department of Social Services, respondent; Patrick S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Joseph S. (Anonymous). Suffolk County Department of Social Services, respondent; Patrick S. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Kristi Ann S. (Anonymous). Suffolk County Department of Social Services, respondent; Patrick S. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. NN-13233/03, NN-13234/03, NN-13235/03)

DECISION & ORDER ON MOTION

Appeal by Patrick S. from an order of the Family Court, Suffolk County, dated September 29, 2003. By order to show cause dated January 20, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with a scheduling order dated December 8, 2003, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and the papers filed by the respondent in response to the order to show cause, it is

 ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated December 8, 2003 (see 22 NYCRR 670.4[a][5]).

S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9209

A/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

HOWARD MILLER

STEPHEN G. CRANE, JJ.

2003-06328 In the Matter of Richard Simpson, appellant, v Beata Ptaszynska, respondent. (Docket Nos. V-28241/99, O-8738/03)

DECISION & ORDER ON MOTION

Motion by the Law Guardian on an appeal from an order of the Family Court, Kings County, dated June 16, 2003, to enlarge the record on appeal to include, inter alia, all of the files and transcripts of proceedings before the Family Court, Kings County, under Docket Nos. V-28340/99 and V-2772/00, and to enlarge the time of the Law Guardian to serve and file a brief on the appeal.

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

ORDERED that the motion is granted, and the Law Guardian is directed to subpoena from the clerk of the Family Court, Kings County, all of the files and transcripts or proceedings before the Family Court, Kings County, under Docket Nos. V-28340/99 and V-2772/00 and to have that material filed with the Clerk of this court; and it is further,

ORDERED that the time of the Law Guardian to serve and file a brief on the appeal is enlarged until April 22, 2004.

RITTER, J.P., S. MILLER, H. MILLER and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9273

M/nal

2003-09227 In the Matter of Itoko Suzuki, a/k/a Ituko Suzuki, respondent, v Arnold Peters, appellant. (Docket Nos. F-903/01, F-1014/01)

SCHEDULING ORDER

Appeal by Arnold Peters from an order of the Family Court, Westchester County, dated September 15, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until April 2, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9162

E/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

BARRY A. COZIER, JJ.

2003-09323 In the Matter of Dyshea T. (Anonymous). Administration for Children's Services, respondent; Marisol R. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-14652/00 ) In the Matter of Rashawn P. (Anonymous). Administration for Children's Services, respondent; Marisol R. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-07195/01 )

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated March 9, 2004, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated December 23, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that on the court's own motion, the notice of appeal from a decision of the Family Court, Kings County, dated August 20, 2003, is treated as an application for leave to appeal from the order and leave to appeal is granted; and it is further,

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

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

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

Joan N. G. James, Esq.

44 Court Street - Suite 905

Brooklyn, New York 11201

(347) 834-3730

and it is further,

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

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

ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9143

M/nal

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-04572 In the Matter of Rakim W. (Anonymous). Dutchess County Department of Social Services, respondent; Suwauney W.-W. (Anonymous), appellant. (Docket No. N-642-02)

SCHEDULING ORDER

Appeal by Suwauney W.-W. from an order of the Family Court, Dutchess County, dated April 21, 2003. The appellant's brief was served and filed on December 23, 2003, and the brief of the law guardian was served and filed on March 15, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent to serve and file its brief on the appeal is enlarged until April 9, 2004; and it is further,

ORDERED that no further enlargements of time shall be granted.

RITTER, J.P., ALTMAN, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9182

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

NANCY E. SMITH

REINALDO E. RIVERA, JJ.

2002-03441 The People, etc., respondent, v Anthony Armstead, appellant. (Ind. No. 1646/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered April 2, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

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

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

ALTMAN, J.P., FLORIO, SMITH, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 R 1782

Clinton Corr. Fac.

Box 2002

Dannemora, New York 12929

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9159

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01198 The People, etc., respondent, v Jean Brown, appellant. (Ind. No. 948/03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered January13, 2004, as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

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

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

Noel Ziegler, Esq.

P.O. Box 336

Woodbury, New York 11791

and it is further,

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

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

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

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9180

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

NANCY E. SMITH

REINALDO E. RIVERA, JJ.

2001-02256 The People, etc., respondent, v Miguel Burgus, appellant. (Ind. No. 2121/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered February 23, 2001, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

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

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

ALTMAN, J.P., FLORIO, SMITH, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

01 A 1394

Five Points Corr. Fac.

State Route 96 - Box 119

Romulus, New York 14541

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9157

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00823 The People, etc., respondent, v Frederick Carpenter, appellant. (Ind. No. 175-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered January14, 2004, as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

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

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk Co., - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

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

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

04 A 0938

Downstate Corr. Fac.

P.O. Box 445

Fishkill, New York 12524

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9211

S/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2001-04581 The People, etc., respondent, v Franklin Choonoo, appellant. (Ind. No. 2877/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to recall and vacate a decision and order on motion of this court dated May 15, 2002, which upon the stipulation of the attorneys for the respective parties, deemed withdrawn an appeal from a judgment of the Supreme Court, Queens County, rendered April 18, 2001.

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

ORDERED that the motion is denied.

S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9154

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10364 The People, etc., respondent, v Ralph M. Clark, appellant. (Ind. No. 2700-02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered October 21, 2003, as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

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

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk Co., - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

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

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 5937

Franklin Corr. Fac.

62 Bare Hill Road - Box 10

Malone, New York 12953

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9187

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

NANCY E. SMITH

REINALDO E. RIVERA, JJ.

2004-01349, 2004-01350, 2004-01351, 2004-01352 The People, etc., plaintiff, v Rahmel Emmanuel, defendant. (Ind. Nos. 2963/00, 8593/00, 6620/00, 10144/00)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take appeals from four judgments of the Supreme Court, Kings County, all rendered February 27, 2001.

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

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

ALTMAN, J.P., FLORIO, SMITH, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9183

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

NANCY E. SMITH

REINALDO E. RIVERA, JJ.

2002-03209 The People, etc., respondent, v Antoine Flowers, appellant. (Ind. No. 3130/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered March 25, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

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

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

ALTMAN, J.P., FLORIO, SMITH, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 1974

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9248

L/

1999-09302 The People, etc., respondent, v Kalee Gallop, appellant. (Ind No. 972/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the County Court, Nassau County, rendered September 23, 1999.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9189

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

NANCY E. SMITH

REINALDO E. RIVERA, JJ.

2004-01288 The People, etc., respondent, v Richard Goodin, appellant. (Ind. No. 11201/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens County, rendered October 28, 2003.

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

ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Queens County, rendered October 28, 2003.

ALTMAN, J.P., FLORIO, SMITH, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9190

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

NANCY E. SMITH

REINALDO E. RIVERA, JJ.

2004-01348 The People, etc., respondent, v Richard Goodin, appellant. (Ind. No. 2894/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered November 3, 2003.

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

ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Kings County, rendered November 3, 2003.

ALTMAN, J.P., FLORIO, SMITH, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9185

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

NANCY E. SMITH

REINALDO E. RIVERA, JJ.

2003-11077 The People, etc., respondent, v George Gouvatsos, appellant. (Ind. No. 3758/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered October 28, 2003, and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

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

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

ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

ALTMAN, J.P., FLORIO, SMITH and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9229

A/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

1995-08840 The People, etc., respondent, v John Graham, appellant. (Ind. No. 5987/94)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the Supreme Court, Queens County, rendered July 18, 1995. By order to show cause dated January 12, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled action as abandoned for failure to comply with a decision and order on motion dated January 22, 2003, which directed the appellant to perfect the appeal by a date certain.

Now, on the court's own motion, and upon the papers filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this court dated January 22, 2003.

SANTUCCI, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9261

L/

2003-08655 The People, etc., plaintiff, v J.L., defendant. James A. Stalter, Jr., et al., respondents, Toyota Motor Corporation, et al., appellants, Joseph Ludwig, et al., additional defendants. (Index No. 1437/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a decision of the County Court, Rockland County, dated August 7, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9223

M/nal

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2000-10099 People, etc., respondent, v Lamar Palmer, appellant. (Ind. No. 3730/98)

DECISION AND ORDER ON MOTION

On the court's own motion, it is

ORDERED that the appeal from a judgment of the Supreme Court, Queens County, rendered September 25, 2000, under the above-captioned Appellate Division docket Number is dismissed as a duplicate of an appeal taken under Appellate Division Docket Number 2000-09671.

RITTER, J.P., ALTMAN, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9214

A/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-11258 The People, etc., respondent, v Miguel Pereyra, appellant. (Ind. No. 349/98)

ORDER TO SHOW CAUSE

Motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Queens County, rendered December 10, 2003, 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 defendant 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 appeal lies from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered November 12, 1998, to be brought to execution (see People v Crawford, 239 AD2d 515), by filing an affirmation on that issue with the Clerk of this court on or before April 30, 2004; and it is further,

ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the defendant, his attorney, and the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that the motion is held in abeyance in the interim.

SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk