Appellate Division: Second Judicial Department

M37634

O/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

MARK C. DILLON, JJ.

2005-01675, 2005-01913, 2006-02155 Kisnet Brooks, respondent-appellant, v Maintenance Service Resources, Inc., defendant third-party plaintiff-respondent- appellant; Allied Exterminating, third-party defendant-appellant-respondent. (Index No. 49128/97)

DECISION & ORDER ON MOTION

Motion by the plaintiff on an appeal and cross appeals from an order of the Supreme Court, Kings County, dated December 23, 2004, an amended order of the same court January 24, 2005, and an order of the same court dated February 10, 2006, to stay the retrial on the issue of damages pending hearing and determination of the appeals, and to consolidate the appeal from the order dated February 10, 2006, with the appeals from the order dated December 23, 2004, and the amended order.

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 retrial is granted and the retrial is stayed pending hearing and determination of the appeals on condition that the appeal from the order dated February 10, 2006 (Appellate Division Docket No. 2006-02155), is perfected on or before April 24, 2006; and it is further,

ORDERED that in the event the appeal from the order dated February 10, 2006, is not perfected on or before April 24, 2006, the court, on its own motion, may vacate the stay, or the defendant and third-party defendant may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that on the court's own motion, the appeals shall be calendared together, and argued or submitted on the same day.

PRUDENTI, P.J., SANTUCCI, KRAUSMAN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37623

C/sl

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-06666 City Ready Mix, Inc., respondent, v Hicksville Paving, Inc., defendant, Carlo Lizza & Sons Paving, Inc., appellant. (Index No. 12625/02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Queens County, dated June 6, 2005, to dismiss the appeal on the ground that the record is incomplete, or to strike the record and direct the appellant to file a proper record, or, to enlarge the time to serve and file a respondent's brief.

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

ORDERED that the branch of the motion which is to strike the record and direct the appellant to file a proper record is granted to the extent that on or before April 7, 2006, the appellant shall serve and file a supplemental record containing the respondent's demand for a bill of particulars, 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 respondent's brief is granted; the respondent's time to serve and file a brief is enlarged until May 23, 2006; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37665

T/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

MARK C. DILLON, JJ.

2006-02542 Bruce Steven Drucker, appellant, v Katherine Brown Drucker, respondent. (Index No. 16986/97)

DECISION & ORDER ON MOTION

Motion by the appellant to stay a hearing in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated February 21, 2006.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., SANTUCCI, KRAUSMAN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37637

O/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2004-03048 Smithy E. Dunbar, appellant, v Lorraine E. Dunbar, respondent. (Index No. 26249-87)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated January 10, 2006, which determined an appeal from an order of the Supreme Court, Suffolk County, dated February 24, 2004, as amended March 1, 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 denied.

MILLER, J.P., CRANE, SKELOS and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37624

C/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-08799, 2005-10640, 2006-00617 Paul Feuer, respondent, v Nancy Copley, appellant, et al., defendants. (Index No. 2726/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Dutchess County, dated July 19, 2005 (Appellate Division Docket No. 2005-08799), to enlarge the time to perfect the appeal and to consolidate this appeal with appeals from (1) a judgment of the same court dated September 29, 2005 (Appellate Division Docket No. 2005-10640), and (2) an order of the same court dated November 28, 2005 (Appellate Division Docket No. 2006-00617).

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated July 19, 2005, is granted; the appellant's time to perfect the appeal from that order is enlarged until April 28, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary, as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37672

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2001-01037 Bill Galdemis, et al., respondents, v Judith Brook, etc., et al., appellants, et al., defendants.

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw appeals from an order of the Supreme Court, Nassau County, dated November 29, 2000.

Upon the stipulation of the attorneys for the respective parties, dated November 1, 2002, and September 14, 2004, respectively, it is

ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37644

S/sl

2005-07054 HSBC Mortgage Corp., f/k/a Marine Midland Mortgage Corporation, respondent, v David Oberlander, appellant. (Index No. 10636/02)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 19, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37661

L/

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2005-01106 Robert M. Helmke, appellant, v James B. Shannon, respondent. (Index No. 4006/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Rockland County, dated December 9, 2004.

Upon the stipulation of the attorneys for the respective parties, dated March 9, 2006, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

RITTER, J.P., LUCIANO, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37120

C/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-03649 Kevin W. Hinkson, appellant, v Veda Daughtry-Hinkson, respondent. (Index No. 25257/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated April 1, 2005, inter alia, to vacate all liens and attachments placed on the appellant's business and personal accounts, and the joint account of the appellant and nonparty, Aris Grant, at Washington Mutual Bank and all other financial institutions, and to sanction the respondent's attorney and hold him in contempt of court.

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

ORDERED that the branch of the motion which is to vacate all liens and attachments placed on the appellant's business and personal accounts, and the joint account of the appellant and nonparty Aris Grant, at Washington Mutual Bank, is granted to the extent that (1) the liens placed on the appellant's business accounts and the joint account of the appellant and nonparty Aris Grant at Washington Mutual Bank are vacated, and (2) the liens placed on the appellant's personal bank accounts at Washington Mutual Bank are vacated insofar as the liens restrain funds in excess of $75,000 and that branch of motion is otherwise denied; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37635

S/sl

2005-10430 Phyllis Hornung, et al., appellants, v Liberty Mutual Fire Insurance Company, et al., respondents. (Index No. 18869/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 30, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 3, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37639

S/sl

2005-09332 Helen Korsinsky, appellant, v Synagogue Volunteers, et al., respondents. (Index No. 24979/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 5, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 22, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37640

S/sl

2005-11662 Susan Mawson, et al., appellants, v Historic Properties, LLC, et al., respondents. (Index No. 484/05)

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, Putnam County, dated October 28, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 28, 2006, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37646

S/sl

2005-06364 Nextel of New York, Inc., respondent-appellant, v 87-10 51St Avenue Owners Corporation, appellant-respondent. (Index No. 6398/04)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated June 6, 2005.

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

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before May 12, 2006 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37647

S/sl

2005-07890 150 Greenway Terrace, LLC, appellant, v Oscar Gole, et al., respondents. (Index No. 776/05)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 15, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37662

S/sl

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-04390, 2005-04395 Susan Pagliaro, appellant, v Robert Pagliaro, respondent. (Index No. 6746/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 17, 2006, in the above-entitled case is amended by deleting from the third decretal paragraph thereof the date "February 22, 2005", and substituting therefor the date "April 5, 2005".

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37663

S/sl

THOMAS A. ADAMS, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-07070 Jaime Quevedo, et al., appellants, v Leslie Eichner, respondent. (Index No. 28742/04)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated June 14, 2005.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37659

T/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

THOMAS A. ADAMS

PETER B. SKELOS, JJ.

2005-08243, 2006-01746 Thomas Riglioni, plaintiff-respondent, v Chambers Ford Tractor Sales, Inc., defendant third-party plaintiff respondent-appellant, Congdon Associates Distributing Co., defendant third-party defendant appellant-respondent, et al., defendants. (Index No. 3757/99)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent for leave to consolidate appeals from two orders of the Supreme Court, Orange County, dated June 23, 2004 (Appellate Division Docket No. 2006-01746), and May 25, 2005 (Appellate Division Docket No. 2005-08243), respectively, to stay the trial in the above-entitled action pending hearing and determination of the appeals, and, in effect, to deem the record filed in connection with the appeal from the order dated May 25, 2005, to also be the record on the appeal from the order dated June 23, 2004, along with any necessary supplemental record.

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

ORDERED that the branches of the motion which are for leave to consolidate the appeals and, in effect, to deem the record on the appeal from the order dated May 25, 2005, to also be the record on the appeal from the order dated June 23, 2004, are granted; on or before April 24, 2006, the appellant-respondent shall serve and file a supplemental record containing the notice of appeal from the order dated June 23, 2004 (Appellate Division Docket No. 2006-01746), and a brief raising the issues on appeal from that order; the record filed in connection with the appeal from the order dated May 25, 2005, along with the supplemental record to be filed, is deemed to be the record on both appeals; and it is further,

ORDERED that the respondents shall serve and file their respective briefs on the appeal from the order dated June 23, 2004, on or before May 30, 2006; and it is further,

ORDERED that the reply brief on the appeal from the order dated June 23, 2004, if any, shall be served and filed on or before June 14, 2006; and it is further,

ORDERED that the branch of the motion which is to stay the trial pending hearing and determination of the appeals is denied.

FLORIO, J.P., MILLER, ADAMS and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37630

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

MARK C. DILLON, JJ.

2006-02456 Tiffany Rodriguez, etc., respondent, v Elmont School District, appellant. (Index No. 15537/03)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated, March 10, 2006, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is for a stay of all proceedings is granted, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal, on condition that the appeal is perfected on or before April 19, 2006; and it is further,

ORDERED that if the appeal is not perfected on or before April 19, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days notice.

PRUDENTI, P.J., SANTUCCI, KRAUSMAN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37643

Y/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

MARK C. DILLON, JJ.

2006-02327 Boaz Spitz, etc., respondent, v Carl Klein, et al., appellants, et al., defendants. (Index No. 973/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Nassau County, dated January 4, 2006, pending hearing and determination of an appeal

Appellate Division: Second Judicial Department

M37632

S/sl

2005-05323 Vardon, Inc., respondent, v Suga Development, LLC, appellant. (Index No. 7124/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Rockland County, dated April 21, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before April 10, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37648

S/sl

2005-09142 Juan Angel Velasquez, etc., appellant, v New York City Transit Authority, et al., respondents. (Index No. 15179/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated August 18, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37649

T/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

MARK C. DILLON, JJ.

2005-01734 In the Matter of Jose De La Cruz, petitioner, v Donald Selsky, respondent. (Index No. 5088/04)

DECISION & ORDER ON MOTION

Motion by the petitioner pro se in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated January 21, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal.

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

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

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until April 24, 2006, and the respondent's brief shall be served and filed on or before that date.

PRUDENTI, P.J., SANTUCCI, KRAUSMAN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37629

O/sl

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-09844 In the Matter of Mahitab El-Sheemy, petitioner- respondent, v Ezzat A. El-Sheemy, et al., appellants, et al., respondent. (Docket No. V-31752-04)

DECISION & ORDER ON MOTION

Motion by the appellant Ezzat A. El-Sheemy to recall and vacate a decision and order on motion of this court dated January 11, 2006, which dismissed his appeal from an amended order of the Family Court, Kings County, dated August 29, 2005, for failure to comply with a scheduling order dated November 4, 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.

RITTER, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37570

M/nal

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-10195 In the Matter of Horace G. (Anonymous), petitioner- respondent, v Administration for Children's Services, respondent, Monique J. (Anonymous), appellant. (Docket No. V-02529-05)

DECISION & ORDER ON MOTION

Appeal by Monique J. from an order of the Family Court, Queens County, dated September 22, 2005. By order dated January 10, 2006, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person upon papers establishing that she was entitled to that relief and indicating that she is interested in pursuing the appeal on or before February 9, 2006. The appellant has failed to do so. By order to show cause dated February 27, 2006, 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.

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

ORDERED that the appeal is dismissed, without costs or disbursements.

RITTER, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37666

T/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-03184, 2005-08461 In the Matter of John Grasso, appellant; Standardbred Owners Association, Inc., respondent. (Index No. 20012/03)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered February 25, 2004, which was determined by decision and order of this court dated December 27, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

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

MILLER, J.P., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37568

M/nal

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-11776 In the Matter of Sharon D. Hawes, appellant, v Jonathan Hawes, respondent. (Docket No. O-21341-05)

DECISION & ORDER ON MOTION

Appeal by Sharon D. Hawes from an order of the Family Court, Queens County, dated December 6, 2005. By order to show cause dated March 2, 2006, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated January 4, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated January 4, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

RITTER, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37627

M/nal

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

MARK C. DILLON, JJ.

2005-08016, 2005-08018, 2005-08019, 2005-08020 In the Matter of Donta J. (Anonymous), appellant. (Docket Nos. D-3236/04, D-5311/04)

SCHEDULING ORDER

Appeals by Donta J. from four orders of the Family Court, Richmond County, dated January 6, 2005, March 30, 2005, and two dated August 10, 2005, 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 May 3, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

PRUDENTI, P.J., SANTUCCI, KRAUSMAN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37572

M/nal

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-09847 In the Matter of Victoria J. (Anonymous). Administration for Children's Services, petitioner-respondent; Monique J. (Anonymous), appellant, et al., respondent. (Docket No. N-01658-05)

DECISION & ORDER ON MOTION

Appeal by Monique J. from an order of the Family Court, Queens County, dated September 22, 2005. By decision and order on motion of this court dated January 10, 2006, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before February 9, 2006. The appellant has failed to do so. By order to show cause dated February 27, 2005, 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.

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

ORDERED that the appeal is dismissed, without costs or disbursements.

RITTER, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37625

M/nal

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

MARK C. DILLON, JJ.

2005-07706 In the Matter of Rosana McDowell, respondent, v Orlando Domenech, appellant. (Docket No. F-00862-02)

SCHEDULING ORDER

Appeal by Orlando Domenech from an order of the Family Court, Richmond County, dated August 10, 2005. The appellant's brief was filed in the office of the Clerk of this court on January 26, 2006. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until April 12, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

PRUDENTI, P.J., SANTUCCI, KRAUSMAN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37626

M/nal

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

MARK C. DILLON, JJ.

2005-05367, 2005-05368 In the Matter of Herbert McMillian, appellant, v Mae Rizzo, respondent. (Docket No. V-10492-02)

SCHEDULING ORDER

Appeals by Herbert McMillian from two orders of the Family Court, Queens County, both dated May 4, 2005. The appellant's brief was filed in the office of the Clerk of this court on January 24, 2006. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeals is enlarged until April 13, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

PRUDENTI, P.J., SANTUCCI, KRAUSMAN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37651

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A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05989 In the Matter of Gretchen Lucken McMullen, admitted as Gretchen Mary Lucken, an attorney and counselor-at-law. (Attorney Registration No. 2354884))

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated March 17, 2006, is recalled and vacated. The voluntary resignation of Gretchen Lucken McMullen, admitted as Gretchen Mary Lucken, was accepted and directed to be filed by decision and order of this court dated December 16, 2005, under Appellate Division Docket No. 2005-05732.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37664

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GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-05250 In the Matter of Nicholas S. Nicklis, deceased. Elizabeth Anne Nicklis, appellant; Carol Nicklis, et al., respondents. (File No. 335006/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all discovery in the above-entitled action pending hearing and determination of an appeal from an order of the Surrogate's Court, Nassau County, dated April 27, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37565

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DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-00055 In the Matter of Thomas Sannuto, appellant, v Jeanette Palma-Sannuto, respondent. (Docket No. F-686-96)

DECISION & ORDER ON MOTION

Appeal by Thomas Sannuto from an order of the Family Court, Suffolk County, dated December 5, 2005. By order to show cause dated March 2, 2006, 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 proceeding for failure to comply with a scheduling order dated January 13, 2006, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the appellant to withdraw the appeal.

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

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

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

RITTER, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37567

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DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-11964 In the Matter of Katherine Schliefer, respondent, v Donald Wilson, appellant. (Docket No. F-04252/01)

DECISION & ORDER ON MOTION

Appeal by Donald Wilson from an order of the Family Court, Queens County, dated November 21, 2005. By order to show cause dated March 2, 2006, 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 proceeding for failure to comply with a scheduling order dated January 13, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

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

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

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant's brief on the appeal is enlarged until June 16, 2006.

RITTER, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37621

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DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-06749, 2005-08904, 2006-01637 In Matter of Xander Corp., respondent-appellant, v Sinclair Haberman, et al., appellants-respondents, et al., respondents. (Index No. 14069/03)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant Xander Corp. on an appeal from an order of the Supreme Court, Nassau County, dated December 6, 2004, and appeals and cross appeals from two orders of the same court dated July 22, 2005, and January 25, 2006, respectively, to dismiss the appeal from the order dated December 6, 2004, on the ground that the appeal was untimely taken.

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

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

ORDERED that on the court's own motion, the time of the respondent-appellant to serve and file its answering brief, including its points of argument on the cross appeals (see 22 NYCRR 670-8[c][3]), is enlarged until April 24, 2006.

RITTER, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M37660

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A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03922 The People, etc., appellant, v Alland Zamor, respondent. (Ind. No. 04-00355)

DECISION & ORDER ON MOTION

The People having appealed from an order of the County Court, Rockland County, dated March 22, 2005, in the above-entitled action, pending against the defendant under Indictment No. 04-00355, and the appeal having been perfected on October 17, 2005, and the respondent having failed to timely file a brief in response thereto, now, in compliance with the requirements of People v Garcia (93 NY2d 42):

THE DEFENDANT IS HEREBY ADVISED

A. that he has the right to the assistance of counsel on the People's appeals;

B. that if he is financially unable to retain counsel he may make an application to this court for the assignment of counsel, and, upon proof of such financial inability, one will be appointed for him;

C. that he has the right to forego the assistance of counsel and to respond to the People's appeals pro se; and

D. that unless within 60 days from the date of service upon him of a copy of this decision and order on motion, together with a copy of the People's brief and appendix on the appeals, the defendant responds to the appeals pro se or by retained counsel, or moves for the assignment of counsel to represent him, or moves for an enlargement of time to respond to the appeals, he shall be deemed to have waived his right to counsel on the appeals and they shall be heard and determined on only the People's brief and appendix, and original record; and,

E. that the address to which the defendant should respond to the appeals pro se or by retained counsel, or to which he should address a written application for the assignment of counsel or for an enlargement of time to respond to the People's appeals is:

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

45 Monroe Place

Brooklyn, New York 11201

ON THE COURT'S OWN MOTION, it is:

ORDERED that the People are directed to serve a copy of this decision and order on motion, together with a copy of their brief and appendix on the appeals upon the defendant by personal delivery of the same to him; and it is further,

ORDERED that the People shall file proof of such service with the Clerk of this court within 20 days of the date hereof; and it is further,

ORDERED that the time of the defendant to respond to the appeals pro se or by retained counsel, or to move for the assignment of counsel, is enlarged until 60 days after the date of service upon him of a copy of this decision and order on motion together with a copy of the brief and appendix on the appeals, and in the event that he fails to so respond to the appeals, or to move for the assignment of counsel within that time, or fails to move for an enlargement of time to respond to the appeals, the defendant shall be deemed to have waived his right to counsel, and the appeals shall be considered and determined on only the People's brief and appendix, and original record; and it is further,

ORDERED that if personal service of a copy of this decision and order on motion cannot be made with due diligence, the People may make ex parte application to this court for an order authorizing alternative methods of service. Such an application shall be supported by affidavit or affidavits detailing the steps taken to find and serve the defendant personally.

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

ENTER:

James Edward Pelzer

Clerk of the Court