Appellate Division: Second Judicial Department

M39141

S/sl

2005-08441 Daniel Agathe, appellant, v Tun Chen Wang, et al., respondents. (Index No. 19938/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated July 11, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 12, 2006, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39136

S/sl

2005-08701 Raymond Agoglia, respondent, v City of New York, appellant. (Index No. 37817/98)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated July 20, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 5, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39115

S/sl

2005-11189 Ashley Andree, et al., plaintiffs, v Rita Demopoulos, defendant-appellant, Deborah Aviles, et al., defendants third-party plaintiffs-appellants; Winthrop University Hospital Association, third-party defendant-respondent. (Index No. 7059/04)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated October 17, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 22, 2006, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39116

S/sl

2005-11821 Cai Qiang Li, et al., appellants, v Edward C. Yang, et al., respondents. (Index No. 153768/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated October 17, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 24, 2006, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39121

S/sl

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

ORDER ON APPLICATION

Application by the defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated May 25, 2004.

ORDERED that the application is granted and the defendant-respondent's time to serve and file a brief is enlarged until May 8, 2006, and the defendant-respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39114

S/sl

2005-09955 Alex D'Ambrosio, et al., appellants, v 85 Crystal Run Company, et al., respondents. (Index No. 2280/00)

ORDER ON APPLICATION

Applications by the respondents Protemp Heating & Air Conditioning, Inc., and Empire Blue Cross and Blue Shield pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal from an order of the Supreme Court, Orange County, dated July 31, 2005.

ORDERED that the application is granted and the time of all respondents' to serve and file their respective briefs is enlarged until May 24, 2006, and the respondents' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39111

S/sl

2005-10688 Isa Adler Dubi, etc., respondent, v Skiros Corp., et al., appellants. (Index No. 1012/05)

ORDER ON APPLICATION

Application by the appellants Fleetridge Owners, Inc., and Gramatan Management, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Westchester County, dated October 3, 2005.

ORDERED that the application is granted and the appellants' time to perfect their respective appeals is enlarged until July 10, 2006, and the record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39119

S/sl

2006-00397 Eight in One Pet Products, appellant, v Janco Press, Inc., respondent. (Index No. 1127-02)

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 appeals from two orders of the Supreme Court, Suffolk County, dated November 28, 2005 and February 7, 2006, respectively.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 5, 2006, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39113

S/sl

2006-01125 Charles Gelo, et al., appellants, v City of New York, defendant, Starr Realty Company (NE), LLC, et al., defendants third-party plaintiffs-respondents; Gianna Mechanical Corp., third-party defendant- respondent. (Index No. 2158/04)

ORDER ON APPLICATION

Application by the respondent Gianna Mechanical Corp. 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 December 30, 2005.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until May 26, 2006, and the movant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M38522

A/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2005-08475, 2005-08476 Patrick Gilbert, appellant, v Kingsbrook Jewish Medical Center, et al., respondents (and a third-party action). (Index No. 20051/96)

DECISION & ORDER ON MOTION

Motion by the respondent Serge Elevator Co., Inc., on appeals from two orders of the Supreme Court, Kings County, dated June 13, 2000, and July 29, 2005, respectively, to dismiss the appeals on the ground that the record on appeal contains matter dehors the record and is incomplete, or, in the alternative, to strike the material dehors the record and to direct the appellant to serve and file a supplemental record, and cross motion by the appellant for leave to serve and file a supplemental record, to strike the brief of the respondent Serge Elevator Co., Inc., on the ground that it refers to matter dehors the record, to enlarge the time to serve and file a reply brief, to impose a sanction against the appellant, and for an attorney's fee.

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

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record and the branch of the cross motion which is for leave to serve and file a supplemental record are granted, and on or before May 19, 2006, the appellant shall serve and file a supplemental record containing Exhibits E and F to the order to show cause dated February 2, 2000; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a reply brief is granted, and the reply brief shall be served and filed on or before May 19, 2006; and it is further,

ORDERED that the motion and the cross motion are otherwise denied.

MASTRO, J.P., RIVERA, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39096

S/nal

2005-10648 Samuel I. Glass, etc., respondent, v Marianne Gold, et al., defendants, Daniel R. Gold, appellant. (Index No. 28898/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated September 6, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39095

O/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

MARK C. DILLON, JJ.

2005-06713 Daniel Hageman, appellant, v B&G Building Services, LLC, respondent. (Index No. 8466/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated June 20, 2005.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until June 1, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

CRANE, J.P., GOLDSTEIN, LUCIANO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39091

S/nal

2005-10411 Michael Kempf, et al., appellants, v Kenneth S. Magida, respondent. (Index No. 2643/05)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated August 26, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 30, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39094

S/nal

2005-10561 Patrick J. Kenney, et al., respondents, v 42-31 Colden Street Corp., et al., appellants. (Index No. 7051/04)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, dated August 1, 2005.

ORDERED that the application is granted and the appellants' time to perfect their respective appeals is enlarged until July 14, 2006, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39088

S/nal

2005-10247 Perry D. Krape, respondent, v PDK Labs, Inc., appellant. (Index No. 14318-05)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 26, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39047

S/sl

2005-11582 John Kudlack, et al., respondents, v PUC Maintenance Corp., et al., appellants. (Index No. 50723/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated November 7, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until June 26, 2006, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39124

S/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2004-10317 George Lang, et al., plaintiffs, v Westfield Mortgage Corporation, Inc., et al., defendants third-party plaintiffs-respondents; Hill & Bowles, Inc., third-party defendant-appellant, et al., third-party defendants. (Index No. 24106-00)

DECISION & ORDER ON MOTION

The third-party defendant-appellant, Hill & Bowles, Inc., having appealed to this court from an order of the Supreme Court, Suffolk County, dated August 30, 2004, and having perfected the appeal on May 9, 2005, the respondent having filed a brief on July 7, 2005, and the appellant having filed a reply brief on August 1, 2005, the matter was placed on this court's calendar for January 27, 2006. By letter dated January 23, 2006, counsel for the appellant advised this court that the instant appeal, in effect, had been rendered academic by virtue of the entry of two subsequent orders dated August 1, 2005, and October 31, 2005, respectively. A stipulation dated February 10, 2006, withdrawing the appeal was thereafter forwarded to the Court. By order to show cause dated March 6, 2006, the parties or their counsel were directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate.

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

ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, the law firm of Deegan & Deegan, LLP, counsel for the appellant, is directed to pay a sanction in the sum of $500 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,

ORDERED that within 20 days of service upon it of a copy of this decision and order on motion, the law firm of Ahmuty, Demers & McManus, counsel for the respondents, is directed to pay a sanction in the sum of $250 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve counsel for the parties with a copy of this decision and order on motion; and it is further,

ORDERED that within 10 days after payment of the sanction, counsel for the appellant and the respondents shall file proof of payment with the Clerk of this court.

SCHMIDT, J.P., CRANE, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39138

S/sl

2005-08590 Chris Lavore, respondent, v Kir Munsey Park 0202, LLC, respondent-appellant, Whole Foods Market Group, Inc., appellant- respondent. (Index No. 2351/03)

ORDER ON APPLICATION

Application by the appellant-respondent 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 1, 2005.

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until June 15, 2006, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before July 20, 2006 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondent shall serve and file his brief on or before August 24, 2006; the appellant-respondent shall serve and file its reply brief on or before September 28, 2006; and the respondent-appellant shall serve and file its reply brief on or before October 13, 2006

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39120

S/sl

2005-01789 Natalie Levi, etc., appellant, v Senad Kratovac, et al., respondents. (Index No. 22020/01)

ORDER ON APPLICATION

Application by the respondents City of New York and City of New York Department of Transportation 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 January 11, 2005.

ORDERED that the application is granted and the movants' brief which was submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39097

S/sl

2005-10897 Howard Leyden, respondent, v Atrium Bus Co., Inc., et al., appellants. (Index No. 12332/04)

ORDER ON APPLICATION

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39126

S/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2006-00030 Helen Maraia, respondent, v Church of Our Lady of Mount Carmel, defendant third-party plaintiff respondent-appellant; Harrison Holidays, Inc., third-party defendant appellant-respondent. (Index No. 013789/03)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay the trial of the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated November 18, 2005.

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

ORDERED that the motion is granted and the trial of the above-entitled action is stayed pending hearing and determination of the appeal.

CRANE, J.P., RITTER, KRAUSMAN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39112

S/sl

2005-10601 Elizabeth Margrabe, appellant, v Anthony J. Rusciano III, et al., defendants; Sexter & Warmflash, P.C., nonparty-respondent. (Index No. 10032/01)

ORDER ON APPLICATION

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39117

S/sl

2005-07833 Dorota B. Olender, appellant, v Felix A. Maldonado, et al., respondents. (Index No. 12801/03)

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 on an appeal from an order of the Supreme Court, Kings County, dated June 16, 2005, and to enlarge the appellant's time to serve and file a reply brief.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 22, 2006, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the reply brief shall be served and filed on or before June 12, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39102

Y/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2004-05596 Christopher Owen, appellant, v Schulmann Construction Corp., et al., respondents, et al., defendant (and other titles). (Index No. 17728/96)

DECISION & ORDER ON MOTION

Motion by Jorob Electric Co. for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, entered April 13, 2004, which was determined by decision and order of this court dated February 14, 2006.

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

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

CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39139

S/sl

2005-00633 David Pambianchi, appellant, v Jayne Goldberg, respondent. (Index No. 15375/98)

ORDER ON APPLICATION

Application by the Law Guardian 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 November 23, 2004.

ORDERED that the application is granted and the Law Guardian's time to serve and file a brief is enlarged until May 25, 2006, and the Law Guardian's brief must be served and filed on or before that date; and it is further,

ORDERED that the reply brief, if any, shall be served and filed on or before June 10, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39118

S/sl

2006-00124 Marjorie P. Porter, et al., plaintiffs-respondents, v Nancy Annabi, et al., defendants-respondents, Key Bank USA, N.A., n/k/a KeyBank National Association, appellant. (Index No. 13902/00)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on an appeal from an order of the Supreme Court, Westchester County, dated December 1, 2005.

ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until May 24, 2006, and the respondents' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39089

S/nal

2005-10262 Jyothula Bulli Raju, respondent, v Cortlandt Town Center, appellant. (Index No. 16993/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated September 14, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 26, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39092

S/nal

2005-10461 Rahkeya S. Thomas, et al., respondents, v New York City Transit Authority, et al., appellants. (Index No. 3557/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 19, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 26, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39098

S/sl

2006-00064 Richard J. Timoney, appellant, v Newmark & Company Real Estate, Inc., respondent. (Index No. 010640/05)

ORDER ON APPLICATION

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39087

S/nal

2005-10158 Town of Hempstead, respondent, v Joseph DeMasco, et al., appellants. (Index No. 05-010170)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 27, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 20, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39093

S/nal

2005-10518 Wolcott Builders, Inc., appellant, v Ricalangelo, Inc., et al., respondents (and a third-party action). (Index No. 1330/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated October 3, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 30, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M38893

A/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO, JJ.

2006-03057 Yi-Jen Chiang, et al., plaintiffs, v Board of Directors of 130 Eighth Avenue Owners Corp., et al., defendants. (Index No. 31565/05)

DECISION & ORDER ON MOTION

Motion by the defendant Omnipoint Facilities Network 2, LLC, for leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 8, 2006, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

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

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

ORDERED that the motion is otherwise denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39056

M/nal

2005-11774 In the Matter of Gary B. (Anonymous), appellant. (Docket No. D-13247/05)

SCHEDULING ORDER

Appeal by Gary B. from an order of the Family Court, Queens County, dated December 14, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until May 26, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39066

M/nal

2005-10098 In the Matter of Cesar E. (Anonymous), appellant. (Docket No. D-10446/05)

SCHEDULING ORDER

Appeal by Cesar E. from an order of the Family Court, Queens County, dated October 18, 2005. The appellant's brief was filed in the office of the Clerk of this court on March 16, 2006. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until May 24, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39099

S/sl

2006-03762 In the Matter of Government Employees Insurance Company, petitioner-respondent, v Donna Williams, et al., respondents-respondents; Travelers Indemnity Company, additional-respondent appellant, et al., additional-respondents. (Index No. 3790/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated July 17, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39065

M/nal

2006-01775 In the Matter of Frank E. Healey, Jr., appellant, v Karen L. Dwyer, respondent. (Docket No. V-02034-03)

ORDER TO SHOW CAUSE

Appeal by Frank E. Healey, Jr., from an order of the Family Court, Dutchess County, dated August 12, 2005. By scheduling order dated March 15, 2006, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) if the appellant was indigent and could not 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; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated March 15, 2006, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 18, 2006; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39061

M/nal

2005-11720 In the Matter of Jabar Antwan J. (Anonymous), a/k/a Jabor J. (Anonymous), a/k/a Jabar J. (Anonymous), a/k/a Jabah J. (Anonymous). Little Flower Children's Services, et al., respondents; Antwan C. (Anonymous), appellant. (Docket No. B-33837/03)

SCHEDULING ORDER

Appeal by Antwan C. from an order of the Family Court, Kings County, dated April 18, 2005. By decision and order on motion of this court dated March 27, 2006, that branch of the appellant's motion which was for for leave to prosecute the above-entitled appeal as a poor person was denied, with leave to renew on or before April 21, 2006. The motion has not been renewed. 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 20 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

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

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

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

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 20 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M39132

S/sl

2005-10663 In the Matter of Kitson & Kitson, etc., petitioner- respondent, v City of Yonkers, et al., respondents; Peter G. McKiernan, et al., intervenors-appellants, et al., intervernors. (Proceeding No. 1) (Index No. 18747/01) In the Matter of Lawrence H. Bloom, petitoner- appellant, v City of Yonkers, et al., respondents; Peter G. McKiernan, intervenor-appellant, et al., intervenors. (Proceeding No. 2) (Index No. 11714/02)

ORDER ON APPLICATION

Application by the appellant Peter G. McKiernan pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an amended judgment of the Supreme Court, Westchester County, entered June 3, 2005.

ORDERED that the application is granted and the appellants' time to perfect their respective appeals is enlarged until May 26, 2006, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39106

A/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2004-10611 In the Matter of Luis F. Martinez, appellant, v Lesley Torres, respondent. (Docket No. F-1193/95)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to reargue an appeal from an order of the Family Court, Kings County, dated November 17, 2004, which was determined by decision and order of this court dated February 28, 2006, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied.

CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39104

Y/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-00858 In the Matter of Roslyn Nieves-Ford, respondent, v Michael Gordon, appellant. (Docket No. F-524-96)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Family Court, Nassau County, dated December 23, 2004, which was determined by decision and order of this court dated February 14, 2006.

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

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

CRANE, J.P., RIVERA, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39057

M/nal

2005-11718 In the Matter of Cheyane Marie P. (Anonymous), a/k/a Cheyane M. P. (Anonymous), a/k/a Cheyanne P. (Anonymous). Administration for Children's Services, et al., respondents; Alfred F. (Anonymous), appellant. (Docket No. B-20016/04)

SCHEDULING ORDER

Appeal by Alfred F. from an order of the Family Court, Kings County, dated October 24, 2005. By decision and order on motion of this court dated March 14, 2006, that branch of the appellant's motion which was for leave to prosecute the above-entitled appeal as a poor person was denied with leave to renew on or before April 18, 2006. The motion was not renewed. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

ORDERED that within 20 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

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

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

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

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 20 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M39086

S/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00926 In the Matter of Carmen Perez, appellant, v Brian J. Wing, et al., respondents. (Index No. 3054/02)

DECISION & ORDER ON APPLICATION

Application by the appellant, in effect, to recall and vacate so much of a decision and order on motion of this court dated February 10, 2006, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - January 2006 Calendar", as dismissed an appeal from an order of the Supreme Court, Weschester County, dated November 29, 2004, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the application is granted, so much of the decision and order on motion of this court dated February 10, 2006, as dismissed the above-entitled appeal is recalled and vacated and the appeal is reinstated; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39084

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

GABRIEL M. KRAUSMAN, JJ.

2005-10639 In the Matter of Leslie Sue Safian, a/k/a Leslie S. Kuhn, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Leslie Sue Safian, respondent. (Attorney Registration No. 2368116)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Ninth Judicial District for an order: 1) suspending the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i) and (iii), upon a finding that she is guilty of professional misconduct immediately threatening the public interest in that she failed to answer a complaint of professional misconduct and failed to appear pursuant to judicial subpoena and that there exists uncontroverted evidence of professional misconduct; 2) authorizing the institution of a disciplinary proceeding against the respondent; 3) appointing a Special Referee to conduct a hearing into the allegations of professional misconduct; and 4) directing the respondent to answer the petition annexed to its Order to Show Cause within 10 days. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on September 24, 1990, under the name Leslie Sue Safian.

Upon the papers submitted in support of the motion and there being no papers submitted in opposition thereto, it is

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

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i), the respondent, Leslie Sue Safian, a/k/a Leslie S. Kuhn, is immediately suspended from the practice of law in the State of New York, pending further order of this court; and it is further,

ORDERED that the respondent shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Leslie Sue Safian, a/k/a Leslie S. Kuhn, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law of its application or any advice in relation thereto, and (4) holding herself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that the Grievance Committee for the Ninth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court against Leslie Sue Safian, a/k/a Leslie S. Kuhn, based upon the petition dated November 3, 2005; and it is further,

ORDERED that Gary L. Casella, Chief Counsel to the Grievance Committee for the Ninth Judicial District, 399 Knollwood Road, Suite 200, White Plains, N.Y. 10603, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that within 20 days after service upon her of a copy of this decision and order on motion, the respondent shall serve an answer upon the petitioner and the Special Referee, and shall file the original answer in the office of the Clerk of this court; and it is further,

ORDERED that the issues raised, along with the charges previously referred to him, are referred to the Honorable William D. Friedmann, a retired Associate Justice of the Appellate Division, Second Judicial Department, 4 Martine Avenue, White Plains, N.Y. 10606, as Special Referee to hear and report; and it is further,

ORDERED that the Special Referee is directed to complete and submit his report within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda; and it is further,

ORDERED that if the respondent, Leslie Sue Safian, a/k/a Leslie S. Kuhn, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in her affidavit of compliance pursuant to 22 NYCRR 691.10(f).

We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based upon her failure to cooperate with the Grievance Committee and other uncontroverted evidence.

The respondent is the subject of a sua sponte complaint based on records of the Office of Court Administration (hereinafter OCA) which revealed that she failed to re-register as an attorney and failed to file a required change of address. The respondent's $300 biennial attorney registration fee for the 2001-2002 period was due in August 2001. The respondent failed to pay for that period and for subsequent periods as well.

By letter dated February 25, 2005, the Grievance Committee sent the sua sponte complaint to the respondent requesting that she submit an answer within 10 days and advising her that an unexcused failure to reply constitutes professional misconduct independent of the merits of the complaint. The respondent failed to submit an answer. The Grievance Committee sent the respondent a second letter dated April 19, 2005, via certified mail, directing her to answer the complaint within 20 days and advising her that appropriate action would be taken should she fail to respond. The February 25, 2005, letter was not returned by the post office. The April 19, 2005, certified letter was returned to the Grievance Committee indicating that delivery was "attempted. Not known."

The Grievance Committee obtained a new address for the respondent and sent her a third letter, dated June 9, 2005, via regular mail, directing her to answer the complaint within 10 days and reminding her that her unexcused failure to submit an answer to the sua sponte complaint constitutes professional misconduct independent of the merits of the complaint. That letter was not returned by the post office and no response was received from the respondent. When the Grievance Committee telephoned the respondent, she advised that she was in the process of moving and gave assurances that she would comply.

By letter dated July 26, 2005, the Grievance Committee reminded the respondent that her registration remained delinquent and that her continued noncompliance would result in a disciplinary action. The Grievance Committee advised the respondent that it was imperative that she submit an answer by August 8, 2005, and proof of her updated registration by August 29, 2005. When the respondent still failed to comply, Grievance Counsel made a follow-up telephone call and sent a letter, dated August 31, 2005, reminding her of her continued noncompliance. That letter was not returned by the post office and no response was received from the respondent.

On or about October 17, 2005, the respondent was personally served with a judicial subpoena, so ordered by the Court, commanding that she appear at the Grievance Committee's offices on October 20, 2005, to answer the sua sponte complaint. The respondent failed to either appear on that date or request an adjournment. To date, the respondent has not contacted the Grievance Committee regarding her failure to appear. Nor has she answered the sua sponte complaint or re-registered with OCA.

In view of the respondent's flagrant disregard of the Grievance Committee's lawful demands and her failure to comply with a judicial subpoena, we find that she constitutes an immediate threat to the public interest. Accordingly, the Grievance Committee's motion is granted, without opposition.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39083

O/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2005-09657 In the Matter of Pat Tuccio, a/k/a Patsy Tuccio, a/k/a Pasquale Tuccio, deceased. Patricia Hagen Tuccio, respondent; Patricia Tuccio, appellant. (File No. 550 P 2003)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated October 28, 2005, which dismissed an appeal from an order of the Surrogate's Court, Suffolk County, dated September 28, 2005, to reinstate the appeal, and to deem the notice of appeal from the order to be a premature notice of appeal from a decree of the same court dated September 30, 2005.

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

ORDERED that on the court's own motion, the notice of appeal from the order is deemed to be a notice of appeal from the decree dated September 30, 2005 (see CPLR 5512); and it is further,

ORDERED that the motion is granted, the decision and order dated October 28, 2005, is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that the appeal shall be perfected on or before June 16, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39059

A/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-11996 In the Matter of Ofer D. Vazana, appellant, v Hagit Vazana, respondent. (Docket No. V-8294/05)

DECISION & ORDER ON MOTION

Motion by the respondent to vacate a stay of enforcement of an order of the Family Court, Nassau County, dated December 12, 2005, which was granted by decision and order on motion of this court dated January 11, 2006.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39062

M/nal

2005-10811 In the Matter of Deneene Washington, appellant, v Vic Washington, respondent. (Docket No. O-10812-05)

SCHEDULING ORDER

Appeal by Deneene Washington from an order of the Family Court, Queens County, dated October 19, 2005. The appellant's brief was filed in the office of the Clerk of this court on April 21, 2006. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M39137

S/sl

2005-06897 The People, etc., respondent, v Rimvydas Baliukonis, appellant. (Ind. No. 9067/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered July 6, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 19, 2006, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39133

S/sl

2005-05205 The People, etc., respondent, v Anthony Fumai, appellant. (Ind. No. 1480/04)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the reply brief shall be served and filed on or before May 8, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39085

S/nal

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2006-02443 The People, etc., respondent, v Michael Santos, appellant. (Ind. No. 05-00621)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 27, 2006, in the above-entitled case is amended by deleting from the ninth decretal paragraph thereof the name "George Draadowich, Esq.", and substituting therefor the name "George Drosdowich, Esq."

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M39122

S/sl

2003-03783 The People, etc., respondent, v Joe Thomas, appellant. (Ind. No. 2383/01)

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 April 9, 2003.

ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court