Appellate Division: Second Judicial Department

M27314

CF/

2005-03196 Noreen Aluisio, appellant, v Gerald Aluisio, respondent. (Index No. 1899/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Putnam County, dated February 22, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27280

A/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-05644 Guy T. Anello, plaintiff, v Denise Anello, respondent. (Index No. 29/04)

DECISION & ORDER ON MOTION

Motion by the plaintiff, in effect, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated May 20, 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 appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701[c]), without prejudice to the plaintiff moving to vacate the order in the Supreme Court, Suffolk County; and it is further,

ORDERED that the motion is denied as academic.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27315

CF/

2005-03438 Allen Beals, et al., respondents, v Scarsdale Heathcote Manor, LLC, appellant. (Index No. 5793/04)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated March 11, 2005.

Upon the stipulation of the parties, dated June 9, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27322

S/sl

2005-00259 Blue Moon of Freeport, Inc., respondent, v Arthur Fishbein, et al., appellants. (Index No. 3342/04)

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, Nassau County, dated November 30, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 1, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27301

CF/

2005-04511 Everett Bowman, et al., respondents-appellants, v Dean Chasky, etc., et al., defendants, Mt. Sinai Medical Center, appellant-respondent. (Index No. 26120/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondents-appellants to withdraw a cross appeal from an order of the Supreme Court, Queens County, dated March 24, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27306

CF/

2005-01027 Kisnet Brooks, plaintiff-respondent, v Maintenance Service Resources, Inc., defendant third-party plaintiff- appellant; Allied Exterminating, third-party defendant-appellant. (Index No. 49128/97)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Allied Exterminating to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 23, 2004.

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

ORDERED that the application is granted and the appeal by Allied Exterminating is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27308

R/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-00877, 2004-02228, 2004-02229 2004-05207 Anne Bryant, respondent, v Broadcast Music, Inc., a/k/a "BMI", et al., defendants, Sunbow Productions, Inc., appellant. (Action No. 1) (Index No. 5192/00) Anne Bryant, respondent, v Sunbow Productions, Inc., appellant. (Action No. 2) (Index No. 2821/02)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from fours orders of the Supreme Court, Rockland County, entered December 16, 2003, December 24, 2003, January 22, 2004, and May 28, 2004, respectively, inter alia, to strike the respondent's appendix and brief on the ground that they contain or refer to matter dehors the record, and to enlarge its time to serve and file a reply brief.

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

ORDERED that the branch of the motion which is to strike the respondent's appendix and brief on the ground that they contain or refer to matter dehors the record is granted, and the respondent's appendix and brief are stricken; and it is further,

ORDERED that on or before August 8, 2005, the respondent shall serve and file a new appendix and brief that do not contain or refer to matter dehors the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant's time to serve and file a reply brief is granted, and the appellant's reply brief shall be served and filed in accordance with the rules of this court (see 22 NYCRR 670.8[b]); and it is further,

ORDERED the motion is otherwise denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27295

A/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2005-02420 Joanne Candela, appellant, v George Kiel, respondent. (Index No. 5014/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Richmond County, dated February 2, 2005, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will 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 the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied.

H. MILLER, J.P., COZIER, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27302

CF/

2005-00121 Jose Canela, respondent, v TLH 140 Perry Street, LLC, et al., defendants, Andrew Building Corp., et al., appellants. (Index No. 48250/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 24, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27307

R/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-05928 Jean Cantave, appellant, v Dimitrios Karagiannis, respondent. (Index No. 30787/01)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of a judgment of the Supreme Court, Queens County, dated March 31, 2005, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27327

T/sl

2004-08244 Derrick Carty, plaintiff-respondent, v City of New York, defendant third-party plaintiff- respondent, Yonkers Contracting Company, Inc., defendant third-party plaintiff-appellant; Raul Marcell Dickson, et al., third-party defendants- respondents. (Index No. 11813/95)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated August 10, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27320

S/sl

2005-00848 Centennial Contractors Enterprises, respondent, v East New York Renovation Corporation, et al., appellants. (Index No. 19350/00)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated October 23, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 12, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27312

CF/

2005-03227 Gloria Charles, et al., appellants-respondents, v Najma Ahmed, etc., respondent-appellant, et al., respondents. (Index No. 23537/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Queens County, dated March 3, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27303

T/sl

2005-00844 Maria C. Cruz, respondent, v New York City Transit Authority, appellant. (Index No. 31854/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated December 15, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 12, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27311

CF/

2005-02547 Thomas Denton, respondent, v City of Middletown, appellant. (Index No. 7562/02)

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 March 1, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27293

C/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-02546 John Desiderio, appellant-respondent, v Peter DeVani, etc., respondent, Sunil Parikh, respondent-appellant. (Index No. 9557/04)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered March 3, 2005. Separate motion by the appellant-respondent to dismiss the cross appeal on the ground that the respondent-appellant has not paid his share of the cost of the joint record. Cross motion by the respondent-appellant to dismiss the appeal on the ground that the order entered March 3, 2005, is a nonfinal order.

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

ORDERED that the motion to stay the trial in the above-entitled action is granted and pending hearing and determination of the appeal the trial is stayed; and it is further,

ORDERED that the motion to dismiss the cross appeal is granted, unless on or before July 29, 2005, the respondent-appellant pays his share of the cost of the joint record (see 22 NYCRR 670.8 [c][1]) and files proof of payment with the Clerk of this court; and it is further,

 ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27305

T/sl

2005-00450 Nancy Esposito, appellant, v Katherine Norton Fulmor, Jr., a/k/a Kickie Fulmor, et al., respondents. (Index No. 4498/01)

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, Rockland County, dated December 6, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 5, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27319

S/sl

2004-09017 Erin Finch, etc., et al., plaintiffs, Maudlyn Curry, appellant, v Michael F. Whalen, Jr., respondent. (Index No. 12885/02)

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, Westchester County, dated August 11, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27330

O/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-04312 Nikhama Golba, respondent, v City of New York, defendant, Frank Giambanco, appellant (and a third-party action). (Index No. 27039/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 16, 2005.

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 without prejudice to renewal when the trial date is set.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27274

E/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-05366 Robert M. Helmke, appellant, v James B. Shannon, respondent. (Index No. 4006/02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Rockland County, entered May 21, 2004, inter alia, to dismiss the appeal on the ground that the record on appeal is inadequate or to strike stated portions of the record on appeal, and to enlarge the time to serve and file a brief. By decision and order on motion of this court dated February 4, 2005, the matter was remitted to the Supreme Court, Rockland County, to report on the issue of whether it considered the stipulation of dismissal dated March 10, 2004, in rendering the order entered May 21, 2004, and the motion was held in abeyance in the interim. The Supreme Court, Rockland County, has filed its report.

Upon the papers filed in support of the motion, the papers filed in opposition thereto, and the report of the Supreme Court, Rockland County, dated March 15, 2005, it is

ORDERED that the branch of the motion which was to dismiss the appeal is denied on condition that on or before July 29, 2005, the appellant (1) serves and files a supplemental record on appeal containing the respondent's memorandum of law in support of his motion for summary judgment and the appellant's reply memorandum of law, (2) removes from all copies of the record on appeal on file with this court pages 54 and 123, (3) lists the affidavit of Michael Salmons dated March 24, 2005, at page 55 of the record on appeal in the table of contents in all copies of the record on file with this court, (4) files with this court the videotape constituting Exhibit F to the respondent's underlying motion papers; and it is further,

 ORDERED that the branch of the motion which was to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until August 29, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27349

S/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-06298, 2004-06386 Interpharm, Inc., appellant-respondent, v General Star Indemnity Insurance Company, d/b/a General Star Management Company, respondent, G.P. Insurance Agency, Inc., et al., respondents-appellants. (Index No. 22144/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated June 6, 2005, in the above-entitled action is amended by deleting from the first decretal paragraph thereof the date "July 7, 2005," and substituting therefor the date "July 22, 2005".

H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27304

CF/

2005-04321 Theresa Lolly, appellant, v Brookdale University Hospital & Medical Center, respondent. (Index No. 5241/04)

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 April 4, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27329

O/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-09702 Burke McBean, etc., et al., respondents, v United Skates of America, Inc., d/b/a Empire Roller Skating Center, appellant. (Index No. 35153/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 7, 2004, and for a preference in the calendaring of the appeal.

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., SKELOS, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27288

A/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-09540 John Napolitano, etc., appellant, v Carmine Agnello, et al., respondents. (Action No. 1) John Napolitano, appellant, v Carmine Agnello, respondent. (Action No. 2) John Napolitano, appellant, v PJC & Sons Enterprises, Inc., et al., respondents. (Action No. 3) (Index No. 5596/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated August 19, 2004.

N 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 appellant's time to perfect the appeal is enlarged until September 12, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27296

C/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-09572 Walter Nicholson, etc., et al., respondents- appellants, v South Oaks Hospital, etc., appellant-respondent. (Index No. 16769/03)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to strike the respondents-appellants' brief on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated October 14, 2004, on the ground that the respondents-appellants have not paid for their share of the joint record.

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

ORDERED that the motion is granted unless on or before July 21, 2005, the respondents-appellants pay for their share of the joint record and file proof of payment with the Clerk of this court; and it is further,

ORDERED that if the respondents-appellants do not pay for their share of the joint record and file proof of payment with the Clerk of this court on or before July 21, 2005, their brief filed May 20, 2005, is stricken, and their time to serve and file a brief raising only arguments in response to the points raised in the appellant-respondent's brief is enlarged until August 22, 2005; and it is further,

ORDERED that if the respondents-appellants pay for their share of the joint record and file proof of service on or before July 21, 2005, the appellant-respondent shall serve and file its reply brief on or before August 22, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27326

T/sl

2004-10335 Robert Pisanelli, appellant, v Town of East Fishkill, respondent. (Index No. 3637/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Dutchess County, dated October 20, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27313

CF/

2005-00274 Gloria Rinciari, respondent, v John Rinciari, appellant. (Index No. 20450/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated December 3, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27328

T/sl

2005-01577, 2005-01578 Cajetan Uchendu, etc., respondent, v Newsday, et al., defendants, Mary Miller, etc., et al., appellants. (Index No. 9231/04)

ORDER ON APPLICATION

Application by the appellant Mary Miller pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, both entered December 22, 2004.

ORDERED that the application is granted and the appellants' time to perfect their appeals is enlarged until October 3, 2005, and the 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

M27321

S/sl

2005-00447 Thomas Vincente, et al., appellants-respondents, v Roy Kay, Inc., defendant first and second third-party-plaintiff respondent-appellant; RJR Mechanical, Inc., third-party-defendant respondent-appellant; Leewen Contracting Corp., second third-party-defendant respondent-appellant. (Index No. 13377/00)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated November 23, 2004.

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

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until August 25, 2005, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant Roy Kay, Inc., shall serve and file its answering brief, including its points of argument on its cross appeal, on or before September 30, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondents-appellants RJR Mechanical, Inc., and Leewen Contracting Corp., shall serve and file their answering briefs, including their points of argument on their cross appeals, on or before November 4, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,

 ORDERED that the appellants-respondents shall serve and file their reply brief on or before November 4, 2005; Roy Kay, Inc., shall serve and file its reply brief on or before December 9, 2005; and RJR Mechanical, Inc., and Leewen Contracting Corp., shall serve and file their respective reply briefs on or before December 27, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27323

S/sl

2005-00504 Oscar Zapata, et al., respondents, v City of New York, appellant, et al., defendants. (Index No. 50056/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 17, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 6, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27345

S/sl

2004-10995 In the Matter of Alexander Potruch, P.C., respondent, v Ann Marie Schiff, appellant. (Index No. 18699/03)

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, Suffolk County, dated November 15, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 12, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27336

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-10371 In the Matter of Donald James Aquilio, an attorney and counselor-at-law. (Attorney Registration No. 1581461)

DECISION & ORDER VOLUNTARY RESIGNATION

Donald James Aquilio has voluntarily submitted an affidavit dated November 24, 2004, wherein he resigns from the New York State Bar. Mr. Aquilio was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 25, 1975. There are no complaints or charges of professional misconduct pending against him. Mr. Aquilio presently resides in Georgia, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Donald James Aquilio is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27350

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00469 In the Matter of Charles Baldonado, an attorney and counselor-at-law. (Attorney Registration No. 1640069)

DECISION & ORDER VOLUNTARY RESIGNATION

Charles Baldonado has voluntarily submitted an affidavit dated January 11, 2005, wherein he resigns from the New York State Bar. Mr. Baldonado was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 12, 1979. There are no complaints or charges of professional misconduct pending against him. Mr. Baldonado presently resides in New Mexico, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27337

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01000 In the Matter of Eugene T. Battjer, an attorney and counselor-at-law. (Attorney Registration No. 1736909)

DECISION & ORDER VOLUNTARY RESIGNATION

Eugene T. Battjer has voluntarily submitted an affidavit dated January 24, 2005, wherein he resigns from the New York State Bar. Mr. Battjer was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 15, 1966. There are no complaints or charges of professional misconduct pending against him. Mr. Battjer presently resides in California, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Eugene T. Battjer is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27344

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00591 In the Matter of Joseph A. Carretto, an attorney and counselor-at-law. (Attorney Registration No. 1643659)

DECISION & ORDER VOLUNTARY RESIGNATION

Joseph A. Carretto has voluntarily submitted an affidavit dated January 15, 2005, wherein he resigns from the New York State Bar. Mr. Carretto was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 19, 1951. There are no complaints or charges of professional misconduct pending against him. Mr. Carretto presently resides in Oklahoma, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27310

CF/

2005-02333 In the Matter of Continental Insurance Company, appellant, v Kathleen Rouse- Conner, respondent. (Index No. 18371/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 31, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27333

S/sl

2004-11163 In the Matter of Frank D'Antuono, appellant, v Glenn S. Goord, etc., respondent. (Index No. 2437/04)

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 20, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 15, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27352

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-11343 In the Matter of Fredric Gershon, an attorney and counselor-at-law. (Attorney Registration No. 1496652)

DECISION & ORDER VOLUNTARY RESIGNATION

Fredric Gershon has voluntarily submitted an affidavit dated December 28, 2004, wherein he resigns from the New York State Bar. Mr. Gershon was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 15, 1965. There are no complaints or charges of professional misconduct pending against him. Mr. Gershon no longer practices law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27342

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00672 In the Matter of John A. Goerdt, an attorney and counselor-at-law. (Attorney Registration No. 2056992)

DECISION & ORDER VOLUNTARY RESIGNATION

John A. Goerdt has voluntarily submitted an affidavit dated January 24, 2005, wherein he resigns from the New York State Bar. Mr. Goerdt was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 7, 1986. There are no complaints or charges of professional misconduct pending against him. Mr. Goerdt presently resides in Iowa, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27317

T/sl

2004-11084 In the Matter of Cherie Ingraham, et al., appellants, v Planning Board of the Town of Southeast, et al., respondents. (Index No. 4026/04)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal from a judgment of the Supreme Court, Westchester County, entered November 8, 2004.

ORDERED that the application is granted and the respondents' time to serve and file briefs is enlarged until August 1, 2005, 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

M27339

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-02236 In the Matter of Gregory R. Jacobs, an attorney and counselor-at-law. (Attorney Registration No. 1440312)

DECISION & ORDER VOLUNTARY RESIGNATION

Gregory R. Jacobs has voluntarily submitted an affidavit dated March 7, 2005, wherein he resigns from the New York State Bar. Mr. Jacobs was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 15, 1978. There are no complaints or charges of professional misconduct pending against him. Mr. Jacobs presently resides in Texas, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Gregory R. Jacobs is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27351

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00577 In the Matter of David W. Krumsiek, an attorney and counselor-at-law. (Attorney Registration No. 2703924)

DECISION & ORDER VOLUNTARY RESIGNATION

David W. Krumsiek has voluntarily submitted an affidavit dated January 14, 2005, wherein he resigns from the New York State Bar. Mr. Krumsiek was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 17, 1996. There are no complaints or charges of professional misconduct pending against him. Mr. Krumsiek presently resides in Massachusetts, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of David W. Krumsiek is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27346

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00045 In the Matter of Jeffrey Philip Meyer, an attorney and counselor-at-law. (Attorney Registration No. 1046812)

DECISION & ORDER VOLUNTARY RESIGNATION

Jeffrey Philip Meyer has voluntarily submitted an affidavit dated December 27, 2004, wherein he resigns from the New York State Bar. Mr. Meyer was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 11, 1977. There are no complaints or charges of professional misconduct pending against him. Mr. Meyer presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Jeffrey Philip Meyer is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27343

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00661 In the Matter of Wayne Stuart Moskowitz, an attorney and counselor-at-law. (Attorney Registration No. 1993971)

DECISION & ORDER VOLUNTARY RESIGNATION

Wayne Stuart Moskowitz has voluntarily submitted an affidavit dated January 17, 2005, wherein he resigns from the New York State Bar. Mr. Moskowitz was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 12, 1985. There are no complaints or charges of professional misconduct pending against him. Mr. Moskowitz presently resides in Minnesota, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Wayne Stuart Moskowitz is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27335

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-11254 In the Matter of Crane Matthew Pomerantz, an attorney and counselor-at-law. (Attorney Registration No. 2740199)

DECISION & ORDER VOLUNTARY RESIGNATION

Crane Matthew Pomerantz has voluntarily submitted an affidavit dated December 21, 2004, wherein he resigns from the New York State Bar. Mr. Pomerantz was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on November 27, 1996. There are no complaints or charges of professional misconduct pending against him. Mr. Pomerantz presently resides in Nevada, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee .

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27338

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01881 In the Matter of Frederick Ramos, admitted as Freddy Ramos, an attorney and counselor-at-law. (Attorney Registration No. 2304574)

DECISION & ORDER VOLUNTARY RESIGNATION

Frederick Ramos has voluntarily submitted an affidavit dated February 23, 2005, wherein he resigns from the New York State Bar. Mr. Ramos was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 13, 1989, under the name Freddy Ramos. There are no complaints or charges of professional misconduct pending against him. Mr. Ramos presently resides in Minnesota, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27340

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-02378 In the Matter of Dave Rifkin, an attorney and counselor-at-law. (Attorney Registration No. 2818557)

DECISION & ORDER VOLUNTARY RESIGNATION

Dave Rifkin has voluntarily submitted an affidavit dated March 8, 2005, wherein he resigns from the New York State Bar. Mr. Rifkin was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 30, 1997. There are no complaints or charges of professional misconduct pending against him. Mr. Rifkin presently resides in Virginia, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27341

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-02483 In the Matter of Cornelia Boardman Royle, admitted as Cornelia Boardman Service, an attorney and counselor-at-law. (Attorney Registration No. 2078186)

DECISION & ORDER VOLUNTARY RESIGNATION

Cornelia Boardman Royle has voluntarily submitted an affidavit dated March 14, 2005, wherein she resigns from the New York State Bar. Mrs. Royle was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 22, 1987, under the name Cornelia Boardman Service. There are no complaints or charges of professional misconduct pending against her. Mrs. Royle presently resides in District of Columbia, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Cornelia Boardman Royle is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27331

O/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-04624 In the Matter of D'Anthony S. (Anonymous). Administration for Children's Services, respondent; Debra S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of David S. (Anonymous). Administration for Children's Services, respondent; Debra S. (Anonymous), appellant. (Proceeding No. 2) In the Matter of D'Angelo S. (Anonymous). Administration for Children's Services, respondent; Debra S. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Debbie D. (Anonymous). Administration for Children's Services, respondent; Debra S. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. N 06942-04, N-06943-04, N 06944-04, N-06945-04)

DECISION & ORDER ON MOTION

Appeal by Debra S. from an order of the Family Court, Kings County, dated April 13, 2005. By order to show cause dated May 23, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing this appeal on the ground that the order was entered upon the default of the appellant (see CPLR 5511).

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

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27325

O/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2003-11088 In the Matter of Anthony S. Sadowski, deceased. Joseph A.F. Sadowski, appellant; Josephine Buonocore, etc., et al., respondents. (File No. 328030)

DECISION & ORDER ON MOTION

Motion by the appellant, pro se, in effect, to re-calendar oral argument on an appeal from a decree of the Surrogate's Court, Nassau County, dated September 22, 2003.

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27348

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00065 In the Matter of Meredith Brady Trunk, admitted as Meredith Brady, an attorney and counselor-at-law. (Attorney Registration No. 1198704)

DECISION & ORDER VOLUNTARY RESIGNATION

Meredith Brady Trunk has voluntarily submitted an affidavit dated December 27, 2004, wherein she resigns from the New York State Bar. Mrs. Trunk was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 14, 1979, under the name Meredith Brady. There are no complaints or charges of professional misconduct pending against her. Mrs. Trunk presently resides in North Carolina, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Meredith Brady Trunk is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27332

S/sl

2004-08476 In the Matter of Frances Ventura, deceased. Salvatore Ventura, appellant; Rosalie Motta, et al., respondents. (File No. 38-02)

ORDER ON APPLICATION

Application by the respondent Nicholas Ventura 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 Surrogate's Court, Westchester County, dated September 2, 2004, and to enlarge the appellant's time to serve and file a reply brief.

ORDERED that the application is granted, the movant's time to serve and file a brief is enlarged until July 22, 2005, the movant's brief must be served and filed on or before that date, and the reply brief shall be served and filed on or before August 12, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27318

R/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-02521 In the Matter of Brian Zazulka, petitioner, v New York State Department of Environmental Conservation, et al., respondents. (Index No. 80046/05)

DECISION & ORDER ON MOTION

Motion by the respondents in a proceeding pursuant to CPLR article 78, which was transferred to this court by order of the Supreme Court, Richmond County, dated March 4, 2005, to strike stated portions of the petitioner's appendix and brief on the ground that they contain or refer to matter dehors the record. Cross motion by the petitioner to enlarge the record to include the material which the respondents claim is dehors te record.

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

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

ORDERED that the cross motion is denied as unnecessary.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27334

S/sl

2001-07390, 2004-09864 The People, etc., respondent, v James Argentina, appellant. (Index No. 371/00)

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 appeals from a judgment of the County Court, Suffolk County, rendered August 6, 2001, and an order of the same court dated October 21, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27316

C/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-04087 The People, etc., respondent, v Johnnie Charles, appellant. (Ind. No. 03-00370)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the County Court, Rockland County, rendered April 27, 2004.

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

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

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until August 8, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27324

O/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2003-03020 The People, etc., respondent, v Christos Georgiou, appellant. (Ind. No. 661/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered March 11, 2003.

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 respondent's time to serve and file a brief is enlarged until July 29, 2005, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27309

A/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2002-07302 The People, etc., respondent, v Jeffrey Stover, appellant. (Ind. No. 00-01632)

DECISION & ORDER ON MOTION Motion to File A Supplemental Reply Brief

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the County Court, Westchester County, rendered July 16, 2002.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02-A-4188

Shawangunk Correctional Facility

Box 700

Wallkill, New York 12589

Appellate Division: Second Judicial Department

M27353

S/sl

2003-02358 The People, etc., respondent, v Shawn Thompson, appellant. (Index No. 6765/01)

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, Kings County, rendered March 5, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 25, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court