APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9555

L/

2004-01764 AAG Holdings, Inc., appellant, v Pantelis Fakiris, et al., respondents. (Index No. 19832/99)

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 January 30, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M9588

L/

2003-09122 Janet Appleman, respondent, v H & S Property Management, defendant, Second Atlantic Terminal, appellant. (Index No. 16638/99)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated September 12, 2003.

Upon the stipulation of the parties, dated March 17, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9561

L/

2003-10687 Susan Baron, appellant, v Solgar Realty, Inc., et al., respondents. (Index No. 8099/01 )

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated November 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M9560

L/

2003-10810 John Bonfiglio, et al., respondents, v Snapple Beverage Group, Inc., appellant. (Index No.4019/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated November 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M9298

A/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-07710, 2004-02592 Casa Redimix Concrete Corp., et al., plaintiffs-respondents, v MacQuesten General Contracting, Inc., et al., defendants- respondents, HCE, Inc., appellant. (Index No. 14227/00)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the plaintiffs-respondents, inter alia, to dismiss an appeal from an undated order of the Supreme Court, Queens County (Appellate Division Docket No. 2003-07710), on the ground that the right of direct appeal from the order terminated upon the entry of the judgment in the action on October 10, 2003 (Appellate Division Docket No. 2004-02592).

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 notice of appeal from the undated order is also deemed to be a notice of appeal from the judgment entered October 10, 2003 (see CPLR 5501[c]); and it is further,

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

ORDERED that the time of the plaintiffs-respondents to serve and file their brief on the appeal is enlarged until April 23, 2004, and the brief of the plaintiffs-respondents 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

M9568

L/

2003-10703 Robert Coleman, et al., appellants, v Family Dollar Stores of New York, Inc., et al., respondents, (Index No.10927/01)

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 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

M9580

S/sl

2003-06860 Antonio Cruz, respondent, v Long Island Rail Road Company, appellant. (Index No. 16038/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated July 15, 2003.

ORDERED that the application is granted and the appellant's brief which was submitted to the Clerk of this court on March 29, 2004, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9537

L/

2004-02226 Samuel Davis, plaintiff-respondent, v Elmhurst Dairy, Inc., et al., defendants- respondents, Lita Construction, appellant. (Index No. 2490/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 3, 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

M9556

L/

2003-08659 Manuel M. Gahuancela, et al., appellants, v Brentwood Union Free School District, et al., respondents. (and a third-party action) (Index No. 13908/99)

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 August 20, 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

M9574

L/

2003-10807 Bernard Gallagher, et al., respondents, v Andron Construction Corporation, appellant. (Index No. 8464/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated November 19, 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

M9535

L/

2003-07713 Carole Goode, appellant, v City of New York, et al., respondents. (Index No. 8484/91)

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 July 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

M9533

S/sl

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

NANCY E. SMITH

REINALDO E. RIVERA, JJ.

2003-10954 Greenstar Enterprises, Inc., appellant, v Steven DiSalvo, defendant-respondent; United States of America, intervenor- respondent. (Index No. 24452/03)

ORDER ON APPLICATION

Application by the respondents to enlarge the time to serve and file briefs on an appeal from an order of the Supreme Court, Kings County, dated November 13, 2003.

ORDERED that the application is granted and the respondent's briefs shall be served and filed on or before July 1, 2004.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9586

L/

2003-10864, 2003-10866 Hospital for Joint Diseases, a/a/o Kevin Cusick, et al., respondents, v Liberty Mutual Insurance Company, appellant. (Index No. 4324/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from an order of the Supreme Court, Nassau County, dated October 1, 2003, and a judgment of the same court entered November 6, 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

M9530

S/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-03758 Gerda Hyacinthe, appellant, v Lance Edwards, et al., respondents. (Index No. 1624/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated March 17, 2004, in the above-entitled case is amended by deleting from the decretal paragraph thereof the date "March 31, 2004", and substituting therefor the date "April 30, 2004".

ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9585

S/sl

2003-08643 Tiffany Kao, etc., appellant, v Jeffrey L. Willig, etc., et al., respondents. (Index No. 19068/02)

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, Nassau County, dated August 18, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 30, 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

M9558

L/

2003-10775 Diane Lamereaux, appellant, v Joseph G. Goubeaud, Jr., respondent. (Index No. 4136/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 17, 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

M9575

L/

2003-08867 Edwin Deane Leonard, et al., appellants, v Clove Valley Rod & Gun Club, Inc., defendant, James Daly, et al., respondents (and a third-party action). (Index No. 5642/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Dutchess County, entered September 2, 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

M9559

L/

2003-09175 Nancy M. McGovern, respondent, v Nick Stuffer, appellant. (Index No. 1695/02)

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 26, 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

M9593

S/sl

2003-05869 Modica Associates of N.Y. 122, LLC, appellant, v Town of Islip, respondent. (Index No. 28205/00)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated June 11, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 14, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9572

L/

2003-08726 Lisandro Morales, respondent, v Balmore Tejada, et al., appellants. (Index No. 8398/00)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeals from a judgment of the Supreme Court, Queens County, entered September 11, 2003.

Upon the stipulation of the parties, dated February 12, 2004, it is

ORDERED that the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9354

A/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

BARRY A. COZIER, JJ.

2003-05928 DECISION & ORDER ON MOTION NYCTL 1997-1 Trust, et al., respondents, v Moises A. Vila, appellant, et al., defendants; 128 Woodbine Realty Corp., intervenor- respondent. (Index No. 45357/99)

Motion by 128 Woodbine Realty Corp., on an appeal from an order of the Supreme Court, Kings County, dated March 27, 2003, in effect, for leave to intervene as a respondent on the instant appeal, and to amend the caption by adding 128 Woodbine Realty Corp. as an intervenor-respondent.

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

ORDERED that the motion is granted, 128 Woodbine Realty Corp. is added as an intervenor-respondent on the instant appeal, and the caption is amended accordingly.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9543

PL/sl

2003-08945 Eli Neuhauser, respondent, v Antonio Polanco, et al., appellants. (Index No. 6778/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Orange County, entered September 3, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 30, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9550

L/

2003-09850 Bibi Nohar, et al., appellants, v Jamaica Hospital Medical Center, d/b/a Jamaica Hospital, defendant, Lorraine Williams, etc., respondent. (Index No. 4520/98)

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 October 3, 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

M9579

L/

2003-09377 Daniel O'Gara, appellant, v Kyto Meridien Diagnostics, LLC, et al., respondents. (Index No.3211/01)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M9557

L/

2004-01381 Oceanside Sanitation Department Sanitary District No. 7, appellant, v Town of Hempstead, respondent. (Index No. 13670/02)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M9578

L/

2003-10821 Marion J. Oleksak, respondent, v Little Joey's Express, a/k/a LJ Express, et al., appellants. (Index No. 20339/97)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M9590

L/

2000-10157 Devene Porter, respondent, Paul King, appellant. (Index No. 42257/98 )

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 11, 2000.

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

M9587

L/

2003-09179 Diane Raso, et al., respondents, v Arthur D. Goldstein, appellant. (Index No. 3872/00)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M9536

L/

2003-09694 Julia Fernandez Ricatto, respondent, v Michael P. Ricatto, appellant. (Index No.19174/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated September 11, 2003.

Upon the stipulation of the parties, dated March 17, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9597

A/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2003-00549 Susan Shuldman, et al., appellants-respondents, v DaimlerChrysler Corporation, et al., respondents- appellants. (Index No. 13033/00)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated November 3, 2003, which determined an appeal from an order of the Supreme Court, Nassau County, dated December 12, 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.

RITTER, J.P., GOLDSTEIN, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9548

R/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2004-01472 William Steele, appellant, v State of New York, respondent. (Claims No. 102897)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Court of Claims, dated February 13, 2004, as a poor person, for free transcripts, to waive the filing fee, 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 for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that those branches of the motion which are for free transcripts, to waive the filing fee, and for the assignment of counsel are denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9563

L/

2004-00540 Caroline Tsung, et al., respondents, v Robert L. Bullard, Jr., et al., appellants. (Index No. 10486/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 10, 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

M9423

PL/sl

2003-08538 Spiro Tzanopoulos, appellant, v Georgia Tzanopoulos, respondent. (Index No. 1875/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered August 22, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 22, 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

M9532

S/sl

2003-05814 Mohammed Farruque Uddin, appellant, v Mohammed Mirza, respondent. (Index No. 25276/98)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated May 20, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 30, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9553

L/

2003-10192 Yonkers Contracting Company, Inc., respondent, v Romano Enterprises of New York, appellant (and a third-party action). (Index No. 2331/01)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M9387

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

BARRY A. COZIER, JJ.

2003-10386 In the Matter of Ronald A. (Anonymous), respondent; Corporation Counsel, appellant. (Docket No. D-22889-03)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the attorney for the respondent to be relieved of an assignment to represent the respondent on an appeal from an order of the Family Court, Kings County, dated October 24, 2003, and to assign new counsel to represent the respondent 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 attorney for the respondent, Philip Skittone, Esq., 26 Court Street, Suite 1406, Brooklyn, New York 11242, is directed to turn over all papers in the action to the new attorney for the respondent herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the respondent to represent the respondent:

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9487

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

1998-00531 In the Matter of Stanley Edward Bogal, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Stanley Edward Bogal, respondent.

DECISION & ORDER ON MOTION

Motion by the respondent and cross motion by the Grievance Committee for the Tenth Judicial District, inter alia, for an order directing the respondent to be examined by a qualified medical expert to determine his present ability to appear at a hearing and defend himself and his present fitness to practice law. By decision and order on motion of this court dated March 5, 1998, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent, and the matter was referred to the Honorable Luigi R. Marano, as Special Referee, to hear and report. By subsequent decision and order on motion of this court dated June 29, 1998, the Grievance Committee was authorized to prosecute two additional charges of professional misconduct against the respondent, which were referred to the previously-appointed Special Referee. By further decision and order on motion of this court dated October 26, 1999, the petitioner's motion to confirm the report of the Special Referee and the respondent's cross motion, inter alia, to disaffirm the report were held in abeyance pending receipt of a report of a qualified medical expert regarding the respondent's ability to appear at the hearing and adequately defend himself and his fitness to practice law. Finally, by decision and order on motion of this court dated April 3, 2001, the respondent was suspended from the practice of law pursuant to 22 NYCRR 691.13(b) on the ground that he was incapacitated from continuing to practice law by reason of a medical disability and the previously authorized disciplinary proceeding against him was held in abeyance. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on February 22, 1971.

Upon the papers submitted in support of the motion and the cross motion and in opposition to the motion, it is

ORDERED that the motion and cross motion are granted to the extent that the respondent is directed to be examined by a qualified medical expert, to be arranged by the Chief Counsel for the Grievance Committee for the Tenth Judicial District, to determine whether he is still suffering from a disability that makes it impossible for him to appear at a hearing and defend himself and whether he is still incapacitated from practicing law; and it is further,

ORDERED that the motion and the cross motion are otherwise held in abeyance pending receipt of the report of the medical expert.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9380

M/nal

2004-02384 In the Matter of D. (Anonymous) Children. Administration for Children's Services, respondent; Robert D. (Anonymous), appellant. (Docket No. N-17487/89)

SCHEDULING ORDER

Appeal by Robert D. from an order of the Family Court, Kings County, dated February 23, 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 proceedings to be transcribed for the appeal; or

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

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

M9534

S/sl

2003-07633 In the Matter of DSMG Corp., respondent, v New York State Division of Housing and Community Renewal, appellant. (Index No. 50522/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated July 9, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 17, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9546

R/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-09092, 2003-09094 In the Matter of Cheeri T. E. (Anonymous), a/k/a Cheeri Temecca E. (Anonymous), a/k/a Cheeri E. (Anonymous). Child Development Support Corporation, respondent; Christopher D. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-22631/00) In the Matter of Chris T. E. (Anonymous), a/k/a Chris E. (Anonymous), a/k/a Chris T. D. (Anonymous). Child Development Support Corporation, respondent; Christopher D. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-22632/00)

DECISION AND ORDER ON MOTION

Appeals by Christopher D. from two orders of the Family Court, Kings County, both dated August 20, 2003. By order to show cause dated March 9, 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 proceeding for failure to comply with a scheduling order dated January 5, 2004, 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 appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 5, 2004 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9547

R/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2004-00253 In the Matter of Vanessa Elem, respondent, v Oscar Lee, Jr., appellant. (Docket No. P-10942/93)

DECISION & ORDER ON MOTION Motion for Poor Person Relief Family Court

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated December 2, 2003, as a poor person, and to waive the filing fee.

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.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9396

M/nal

2003-09095, 2003-09096 In the Matter of Miosotis Feliz, respondent, v Julio Cesar Rojas, appellant. (Docket Nos. P-2039-03, F-03536-02)

SCHEDULING ORDER

Appeals by Julio Cesar Rojas from two orders of the Family Court, Westchester County, entered March 28, 2003, and dated September 8, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 22, 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 respondent's brief shall be served and filed within 45 days of the date of this order.

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 M9592

L/

2002-09887 In the Matter of Sofia G. (Anonymous). Administration for Children's Services, respondent; Sofia G. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-2370-02) In the Matter of Estaban G. (Anonymous). Administration for Children's Services, respondent; Sofia G. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-2371-02) In the Matter of Christian G. (Anonymous). Administration for Children's Services, respondent; Sofia G. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-2372-02)

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 25, 2002.

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

M9562

L/

2003-01000 In the Matter of Claire Gargiulo, respondent, v Michael Gargiulo, appellant. (Proceeding No. 1) (Docket Nos. V-2546/99, V-2547/99, V-2548/99, V-1092/01, V-1093/01, V-1094/01) In the Matter of Michael Gargiulo, appellant, v Claire Gargiulo, respondent. (Proceeding No. 2) (Docket No. O-6640-02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated December 20, 2002.

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

M9485

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

ANITA R. FLORIO

SONDRA MILLER

GABRIEL M. KRAUSMAN, JJ.

1995-05106 In the Matter of Kenneth Gribetz, a disbarred attorney.

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent, Kenneth Gribetz, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated July 15, 1996, the respondent was disbarred as a result of a disciplinary proceeding involving charges that he engaged in illegal conduct involving moral turpitude, conduct involving fraud, deceit, or misrepresentation, and conduct that reflects adversely upon his fitness to practice law. The respondent has been suspended since this court's decision and order on motion dated June 27, 1995, which suspended him pursuant to Judiciary Law § 90(4)(f), based upon his conviction of a serious crime. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on November 26, 1968.

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 held in abeyance and the matter is referred to the Committee on Character and Fitness for an investigation and report with respect to the respondent's current fitness to be an attorney.

PRUDENTI, P.J., RITTER, FLORIO, S. MILLER and KRAUSMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9494

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2003-07547 In the Matter of Harry R. Hall, appellant, v Leroy Ladson, respondent. (Docket Nos. V-21712-02, V-21722-02/03B)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled proceeding dated January 29, 2004, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the respondent for leave to defend an appeal from an order of the Family Court, Kings County, dated August 12, 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 the motion is granted; and it is further,

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

Peter H. Dailey, Esq.

420 Riverside Drive - 2E

New York, New York 10025

(212) 678-6238

and it is further,

ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.

ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9492

F/

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2003-10141 In the Matter of Jose I., Jr., (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Tiana E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Jessica E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Joseph N. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Deborah E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 5) (Docket Nos. N-20947-00, N-20948-00, N-20949-00, N-20950-00, N-20951-00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled proceeding dated March 2, 2004, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated October 9, 2003, and for leave to the appellant to prosecute the appeal as a poor person.

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

ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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:

Salvatore C. Adamo, Esq.

350 Fifth Avenue - Suite 3304

New York, New York 10118

(212) 964-7983

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., H. MILLER, COZIER, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9314

M/nal

2004-02254 In the Matter of Angelique Marie J. (Anonymous). Little Flower Children's Services, petitioner- respondent; Katherine J. (Anonymous), appellant; Christopher M. (Anonymous), et al., intervenors- respondents. (Docket No. B-2097-99)

SCHEDULING ORDER

Appeal by Katherine J. from an order of the Family Court, Queens County, dated August 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 of the Family Court proceedings to be transcribed for the appeal; or

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

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

M9427

S/sl

2003-06865 In the Matter of Ida M. Longobucco, petitioner, v Janet DeMarzo, et al., respondents. (Index No. 5620/03)

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 in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Suffolk County, dated August 29, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until June 1, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9486

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

SONDRA MILLER, JJ.

1991-02526 In the Matter of Arthur J. Piken, a disbarred attorney.

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent, Arthur J. Piken, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated May 11, 1992, he was disbarred, upon his resignation, amidst allegations that he improperly notarized a will. By decision and order on application of this court dated October 13, 2000, his first application for reinstatement was denied. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 21, 1953, under the name Arthur Piken.

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

ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney including, but not limited to, the agreement with his son whereby he received $500 a week for his share of Piken & Piken, P.C.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT M9496

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2001-08955 In the Matter of Natalie Pope, appellant, v Jonas Pope, respondent. (Docket No. V-7543-00)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the respondent in a proceeding before the Family Court, Westchester County, to be relieved and for the assignment of new counsel to defend an appeal from an order of the Family Court, Westchester County, dated September 19, 2001.

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

ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the respondent on the appeal; and it is further,

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

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

Toba Beth Stutz, Esq.

5 Donbrook Road

Pound Ridge, New York 10576

(914) 764-8669

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9291

F/

GLORIA GOLDSTEIN, J.P.

HOWARD MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-09097 In the Matter of Kristina R. (Anonymous). Administration for Children's Services, respondent; Margarita B. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Nelson R. (Anonymous). Administration for Children's Services, respondent; Margarita B. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Gia Torres B. (Anonymous). Administration for Children's Services, respondent; Margarita B. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-13342-01, N-13343-01, N-13344-01)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant Joseph B. in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated September 16, 2003, and for leave to the appellant to prosecute the appeal as a poor person.

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

ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant Joseph B. on the appeal; and it is further,

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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 on behalf of Joseph B.:

Mark W. Brandys, Esq.

26 Court Street #1215

Brooklyn, New York 11242

(718) 624-4010

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.

GOLDSTEIN, J.P., H. MILLER, ADAMS, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9500

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-11218 In the Matter of Aaron S. (Anonymous). Orange County Department of Social Services, respondent; Hector V. (Anonymous), appellant. (Docket. No. B-7051-02)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the Law Guardian to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Orange County, dated October 7, 2003.

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

ORDERED that the motion is granted, and the Law Guardian, Kimberly M. Williams, Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child:

Todd Kadish, Esq.

1323 E. 15th Street - 2B

Brooklyn, New York 11230

(718) 787-0172

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9549

L/

2004-01727 In the Matter of James Sammartino, et al., appellants, v Richard I. Scheyer, etc., et al., respondents. (Index No.7124/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a decision of the Supreme Court, Suffolk County, dated January 14, 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

M9488

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

GABRIEL M. KRAUSMAN, JJ.

2003-08682 In the Matter of John A. Tartaglia, a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; John A. Tartaglia, respondent.

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District for an order clarifying the predicate for a decision and order on motion of this court dated October 27, 2003, which authorized the petitioner to institute and prosecute a second disciplinary proceeding against the respondent based upon acts of professional misconduct alleged in the Grievance Committee's memorandum dated April 9, 2003. By opinion and order of this court dated April 14, 2003, the respondent was suspended from the practice of law for a period of one year as a result of a prior, unrelated disciplinary proceeding (Appellate Division Docket No. 2001-00151). The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 16, 1977, under the name John Anthony Tartaglia.

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

ORDERED that the motion is granted to the extent that the decision and order on motion dated October 27, 2003, in the above-entitled matter, is amended by deleting from the first decretal paragraph thereof the words "based upon the acts of professional misconduct alleged in the Grievance Committee's memorandum dated April 9, 2003;" and substituting therefor the words "based upon facts alleged in a single submission to the court, tendered by the petitioner Grievance Committee under cover letter dated June 3, 2003;" and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and KRAUSMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9538

L/

2003-11327, 2003-11329 In the Matter of Kenneth U. (Anonymous), appellant. (Docket No. S-02025/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from two orders of the Family Court, Dutchess County, both dated November 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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9415

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

BARRY A. COZIER, JJ.

2004-00632 In the Matter of Alberto Valentin, appellant, v Luz Carrero, respondent. (Docket No. O-24783-03)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated March 11, 2004, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated December 19, 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 opposition 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 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:

Richard Cardinale, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

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

M9116

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2004-01019 In the Matter of Curtis Vann, respondent, v Jennifer Vann, appellant. (Docket No. V-5451-03, V-5452-03)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Orange County, dated December 17, 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 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:

Salvatore Adamo, Esq.

PMB 40

350 Fifth Avenue - Suite 3304

New York, New York 10118-0069

(212) 964-7983

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.

PRUDENTI, P.J., RITTER, LUCIANO, and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9281

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2003-10222, 2003-10223 In the Matter of Susan Winkler, appellant, v Michael Nussenblatt, respondent. (Docket No. F-1661-02)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Queens County, both dated September 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 the motion is granted; and it is further,

ORDERED that the appeals 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 appeals, 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 appeals:

Lewis S. Calderon, Esq.

90-50 Parsons Blvd. - Suite 401

Jamaica, New York 11432

(718) 883-1560

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals 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 appeals are taken.

PRUDENTI, P.J., RITTER, LUCIANO, and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9582

M/nal

2003-02362 In the Matter of Kimberly Y. (Anonymous). Orange County Department of Social Services, respondent; Ernest Y. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ruth Y. (Anonymous). Orange County Department of Social Services, respondent; Ernest Y. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-3405-02, B-3406-02)

SCHEDULING ORDER

Appeal by Ernest Y. from an order of the Family Court, Orange County, dated December 19, 2002. 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 law guardian to serve and file a brief on the appeal is enlarged until May 17, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9283

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2003-10783, 2004-01792 In the Matter of Lisa Zipay, et al., respondents, v Frederick Csaszar, appellant. (Docket Nos. A-2745-03, V-4863-96)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Dutchess County, dated November 3, 2003, and January 29, 2004, respectively, 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 the motion is granted; and it is further,

ORDERED that the appeals 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 appeals, 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 appeals:

Del Atwell, Esq.

P.O. Box 2516

Montauk, New York 11954

(631) 267-2067

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals 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 appeals are taken.

PRUDENTI, P.J., RITTER, LUCIANO, and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9521

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-08685 The People, etc., respondent, v Edward Baez, appellant. (Ind. No. 1791-02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered September 4, 2003, 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 relation thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9517

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2002-07575 The People, etc., respondent, v Patrick Baxter, appellant. DECISION & ORDER ON MOTION (Ind. No. 00-01415)

Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Westchester County, rendered July 10, 2002.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

97 A 2266

Clinton Corr. Fac.

Box 2001

Dannemora, New York 12929

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9503

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2002-03208 v Kevin Brooks, appellant. (Ind. No. 519/00)

The People , etc., respondent, 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 18, 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., S. MILLER, CRANE, and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 1909

Green Haven Corr. Fac.

Drawer 4000

Stormville, New York 12582

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9525

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

1995-02282 The People, etc., respondent, v Benito Carmelo, appellant. (Ind. No. 695/92)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered March 2, 1995.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9523

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2004-00267 The People, etc., respondent, v Angel Castro, appellant. (Ind. No. 03-00193)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Westchester County, rendered December 2, 2003, 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 motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9518

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2004-01649 The People, etc., respondent, v Edwin Cruz, appellant. (Ind. No. 6176/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered January 22, 2004, 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 relation thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9569

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2004-01822, 2004-02360, 2004-02361, 2004-02363, 2004-02364 The People, etc., respondent, v Robert DeRosario, appellant. (Ind. Nos. 99-00133, 99-00221, 99-00656, 99-01221, 99-01509)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned appeals from five judgments of the County Court, Westchester County, all rendered July 21, 2000.

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

ORDERED that the motion is granted and the appeals are dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., GOLDSTEIN, H. MILLER, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9539

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2000-07752 The People, etc., respondent, v Jose Erazo, appellant. (Ind. No. 97-00251)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered July 5, 2000.

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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9515

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2004-01442 The People, etc., respondent, v Reginald Fraser, appellant. (Ind. No. 684-03)

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 January 12, 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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

04 R 0169

Marcy Corr. Fac.

Box 5000

Marcy, New York 13403

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9357

A/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

BARRY A. COZIER, JJ.

2001-04755 The People, etc., respondent, v Mark Gordon, appellant. (Ind. No. 90-00023)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Orange County, rendered May 11, 2001, inter alia, for a reconstruction hearing with respect to the issue of whether the appellant was advised of any possible conflict based on dual representation pursuant to People v Gomberg (38 NY2d 307).

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9520

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2004-01631 The People, etc., respondent, v Danny Hearns, appellant. (Ind. No. 5287/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered January 27, 2004, 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 relation thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9527

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

1993-06035 The People, etc., respondent, v Javier Hernandez, appellant. (Ind. No. 12819/92)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered September 2, 1993.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9541

F/

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-04560 The People, etc., respondent, v Andrew Huchital, appellant. (Ind. No. 02-00233)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered April 23, 2002, 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 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:

Matthew B. Tully, Esq.

P.O. Box 491

Hunter, New York 12442

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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02 A 2560

Woodbourne Corr. Fac.

99 Prison Road

Woodbourne, New York 12788

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9528

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2002-09621 The People, etc., respondent, v Elliot Hunter, appellant. (Ind. No. 188-02)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered September 19, 2002. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on December 31, 2002 , and the following named attorney was 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

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 former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Daniel E. Guttman, Esq.

25 West Main Street

Smithtown, New York 11787

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 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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02 A 5254

Bare Hill Corr. Fac.

Caller Box 20 - Cady Road

Malone, New York 12953

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9540

F/

MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-09952 The People, etc., respondent, DECISION & ORDER v Charles Kimbrough, appellant. Motion Pro se to Relieve Counsel (Ind. No. 00-00458)

ON MOTION of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from an amended judgment of the County Court, Orange County, rendered October 23, 2002, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on February 5, 2003, and the following named attorney was assigned to prosecute the appeal:

Del Atwell, Esq

P.O. Box 2516

Montauk, New York 11954

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

ORDERED that the motion is granted; previously assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Matthew B. Tully, Esq.

P.O. Box 491

Hunter, New York 12442

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 pre-sentence 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 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.

ALTMAN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9522

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2004-01007 The People, etc., respondent, v Brian Ortiz, appellant. (Ind. No. 5899/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered January 30, 2004, 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 relation thereto, it is

ORDERED that the motion 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., S. MILLER, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9542

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-02981, 2003-02982, 2003-02983 The People, etc., respondent, v Andrew Pagan, appellant. (Ind. Nos. 01-00050, 01-00134, 01-00194)

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

Renewed motion by the appellant pro se for leave to prosecute appeals from three judgments of the County Court, Orange County, all rendered March 25, 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 appeals 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 appeals:

Del Atwell, Esq.

P.O. Box 2516

Montauk, New York 11954

and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals 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 appeals; 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 appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 1835

Great Meadow Corr. Fac.

Box 51

Comstock, New York 12821

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9554

F/

GLORIA GOLDSTEIN, J.

2004-01629 The People, etc., plaintiff, v William Sawyer, a/k/a John Williams, defendant. (Ind. No. 1090/00)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated September 17, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

GLORIA GOLDSTEIN

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9545

PL/sl

2003-01019 The People, etc., respondent, v Jarmaine Wilkins, appellant. (Ind. No. 2916/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Nassau County, rendered January 27, 2003.

ORDERED that the application is denied without prejudice to the respondent making a formal motion for that relief.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9516

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2004-01809 The People, etc., respondent, v Leroy Williams, appellant. (Ind. No. 03-00818)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered February 2, 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 opposition 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:

Douglas T. Martino, Esq.

22 West First Street - Suite 306

Mt. Vernon, New York 10550

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.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

936 Divens Street - 2nd Floor

Peekskill, New York 10566

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9526

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

1993-08621 The People, etc., respondent, v Daker Zinnaman, appellant. (Ind. No. 10057/90)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered November 12, 1993.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk