Appellate Division: Second Judicial Department

M15718

E/nl

MYRIAM J. ALTMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-06639 Joseph Altmann, respondent-appellant, v Mary Ellen Finger, appellant-respondent. (Index No. 1213/01)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal from an order of the Supreme Court, Putnam County, dated June 29, 2004, inter alia, to stay enforcement of the order pending hearing and determination of the appeal 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15607

A/nal

DAVID S. RITTER, J.P.

HOWARD MILLER

SONDRA MILLER

ROBERT A. SPOLZINO, JJ.

2003-10622 Irja A. Asumaa, et al., appellants, v Estate of Helen D. Bache, etc., respondent. (Index No. 30568/00)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated October 22, 2003, for failure to timely perfect the same.

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 the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15762

CF/

2004-05525 Hosnera Begum, respondent, v Elimi Service, et al., appellants, et al., defendants. (Index No. 28147/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 16, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M15819

S/nal

2004-01287 Christian P. Benefield, respondent, v Halmar Corporation, defendant third-party plaintiff-respondent-appellant; Sussex County Erectors, Inc., third-party defendant-appellant- respondent. (Index No. 6520/94)

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 a judgment of the Supreme Court, Orange County, entered January 8, 2004.

ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until October 13, 2004, and the joint record or joint appendix 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 in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15714

E/nl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-03162 Borovina & Marullo, PLLC, respondent, v Structured Assets Sales Group, LLC, appellant. (Index No. 17820/03)

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, Suffolk County, entered March 16, 2004.

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., MASTRO, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15665

A/nl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-04978 Frank Briguglio, appellant, v Big Dog Contracting Corp., respondent, Paul J. Caridi, etc., defendant. (Index No. 9016/02)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated April 29, 2004, on the ground that the right of direct appeal therefrom terminated with entry of a judgment of the same court entered May 13, 2004, and no appeal was taken from the judgment.

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

ORDERED that the notice of appeal from the order is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]); and it is further,

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15524

C/cf

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

WILLIAM F. MASTRO, JJ.

2003-01497, 2003-01499 Andrew Brown, appellant, v City of New York, et al., respondents. (Index No. 7030/98)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to reargue appeals from two orders of the Supreme Court, Kings County, dated June 7, 2001, and January 9, 2003, respectively, which were determined by decision and order of this court dated March 8, 2004.

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15822

S/nal

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

ORDER ON APPLICATION

Applications by the appellants in both actions pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from three orders of the Supreme Court, Rockland County, dated December 15, 2003, December 24, 2003, and January 22, 2004, respectively.

ORDERED that the applications are granted and the appellants' time to perfect the appeals is enlarged until November 10, 2004, 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

M15748

S/cf

2004-02256 Capital Resources Co., respondent, v James Prewitt, defendant, Diana Vaccarino, appellant. (Index No. 2508/97)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated January 30, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 15, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15614

C/cf

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-03330 Donna Carvalho, appellant, et al., plaintiffs, v New York Property Insurance Underwriters Association, et al., defendants; Weg and Myers, P.C., nonparty-respondent. (Action No. 1) (Index No. 18084/99) 2003-06411 North Fork Bank, respondent, v K. George Carvalho, defendant, Donna Carvalho, appellant. (Action No. 2) (Index No. 14263/01)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to further enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated January 30, 2003, and July 11, 2003, respectively.

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

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

 ORDERED that on the court's own motion, the appeals are dismissed for failure to timely perfect the appeals in accordance with the rules of this court and the decision and order on motion of this court dated May 12, 2004 (see 22 NYCRR 670.8[e]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15751

R/nl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-07476 Cider Mill Friends of Open Space & Historic Preservation, Inc., appellant, v Cider Mill Development, LLC, et al., respondents. (Index No. 6100/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enjoin the respondents from razing, demolishing, destroying, or otherwise altering the historic "Kimlin Cider Mill", or from conveying title to lots 2 or 3 of the "Cider Mill Development" subdivision located in the Town of Poughkeepsie, New York, pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, dated August 18, 2004.

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 respondents are enjoined from razing, demolishing, destroying, or otherwise altering the historic "Kimlin Cider Mill", or from conveying title to lots 2 or 3 of the "Cider Mill Development" subdivision located in the Town of Poughkeepsie, New York, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before October 13, 2004, and that on or before September 20, 2004, the appellant post an undertaking in the sum of $6,915.00, in terms that if the order dated August 18, 2004, is affirmed and it is determined that the appellant was not entitled to a preliminary injunction, the appellant will pay to the respondents all damages and costs which may be sustained by reason of this preliminary injunction as specified in CPLR 6312(b).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15711

E/cf

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-06743 Gail Marie Clemens, respondent, v Todd A. Clemens, appellant. (Index No. 10318/93)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, dated June 25, 2004, pending hearing and determination of an appeal therefrom.

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15821

S/nal

2004-00914 Dominic D'Arco, et al., appellants, v Angelina Pagano, respondent. (Index No. 30018/00)

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 December 19, 2003, and to enlarge the time to serve and file the respondent's and reply briefs.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 30, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent's brief shall be served and filed on or before January 31, 2005, and the reply brief, if any, shall be served and filed or before February 21, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15760

J/nl

2004-01874 Elizabeth Donahue, appellant, v Nassau County Medical Center, et al., respondents. (Index No. 7735/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file her brief on an appeal from an order of the Supreme Court, Nassau County, dated December 23, 2003.

ORDERED that the application is granted and the appellant's 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

M15512

C/nal

NANCY E. SMITH, J.P.

HOWARD MILLER

SONDRA MILLER

DANIEL F. LUCIANO, JJ.

2003-05055 Guilherme Dos Santos, etc., appellant, v STV Engineers, Inc., et al., defendants second third-party plaintiffs-respondents, DKI Engineering & Consulting USA, P.C., et al., defendants third-party plaintiffs- respondents; Ahern Painting Contractors, Inc., third- party and second third-party defendant-respondent. (Index No. 43131/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated May 15, 2003, which was determined by decision and order of this court dated June 1, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

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

SMITH, J.P., H. MILLER, S. MILLER and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15548

C/nal

FRED T. SANTUCCI, J.P.

SONDRA MILLER

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-02231 E.B., respondent, v Liberation Publications, Inc., d/b/a Alyson Publications, appellant. (Index No. 26480/02)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated February 13, 2003, which was determined by decision and order of this court dated May 10, 2004.

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15758

CF/

2004-05281 Kathleen Gresser Fritzman, appellant, v David Fritzman, respondent. (Index No. 201531/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 5, 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

M15530

C/cf

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

SONDRA MILLER

STEVEN W. FISHER, JJ.

2004-05229, 2004-05230 William R. Goddard, respondent, v Carlhins Valmond, defendant, Jean Gervais, appellant. (Index No. 31777/01)

DECISION & ORDER ON MOTION

Application by the appellant to withdraw appeals from two orders of the Supreme Court, Kings County, dated March 10, 2004, and June 7, 2004, respectively.

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

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

ORDERED that on the court's own motion, the stay of the trial in the above-entitled action which was granted by decision and order on motion of this court dated July 16, 2004, is vacated.

PRUDENTI, P.J., ALTMAN, S. MILLER and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15577

R/nal

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-11264, 2004-00522 Floretta Green, respondent, v Joseph N. Green, appellant. (Index No. 14792/89)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, entered December 10, 2003, and January 13, 2004, respectively, for leave to reargue the appeal from the order entered December 10, 2003, which was determined by decision and order of this court dated July 6, 2004.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15470

A/nl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-05891 Ann Marie Hurley, appellant-respondent, v First Unum Life Insurance Company, respondent-appellant. (Index No. 9554/98)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, entered March 20, 2003, inter alia, to strike portions of the appellant-respondent's brief and reply brief, on the ground that they refer to matter dehors the record, and to enlarge its time to serve and file its 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 portions of the appellant-respondent's brief is granted to the extent that the following material is stricken from the appellant-respondent's brief: the first sentence of the fourth paragraph of page 34, starting with the words "One and one-half years later," through the fifth sentence of the same paragraph, continuing onto page 35, through the words "As of the filing of the brief"; on or before October 13, 2004, the appellant-respondent shall delete the above-referenced material from the copies of her brief on file with this court, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to strike portions of the appellant-respondent's reply brief is granted to the extent that the following material is stricken from the reply brief: (1) the second paragraph of page 5, starting with the words "Indeed, First Unum," and ending with the words "carpal tunnel syndrome"; (2) the fourth paragraph on page 30 starting with the words "The years of endless litigation," and continuing onto the second paragraph of page 31, ending with the words "unwarranted and improper"; (3) point VI on page 32; (4) the fourth sentence of the second paragraph of page 37, starting with "Indeed, Mrs. Hurley did attend," continuing on page 38, and ending with the fifth sentence of the same paragraph, ending with the words "the results were positive"; (5) pages 40 and 41; and (6) the first full sentence of page 45 starting with the words "Indeed, her attendance" and ending with the words "any potential breach"; on or before October 13, 2004, the appellant-respondent shall delete the above-referenced material from the copies of her reply brief on file with this court, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent-appellant's time to serve and file its reply brief is granted, and the respondent-appellant's time to serve and file a brief its reply brief is enlarged until November 12, 2004; and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15667

R/cf

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-04747, 2004-05803 Island Properties & Equities, LLC, respondent, v James Naum, etc., appellant. (Index No. 29462/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from an order of the Supreme Court, Suffolk County, dated May 4, 2004, and a judgment of the same court dated June 10, 2004, respectively, as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that those branches of the motion which are for a copy of the transcript without charge, to waive payment of the filing fee, and for the assignment of counsel are denied.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15753

R/nl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2003-09473 David B. Jacobs, appellant, v Michael H. Mostow, et al., respondents. (Index No. 004162-01)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Nassau County, dated August 20, 2003, to strike exhibits B - F submitted to this court by the appellant on the ground that they contain matter dehors the record, and cross motion by the appellant to enlarge the record on appeal to include the above exhibits.

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 granted and exhibits B through F submitted by the appellant are stricken; and it is further,

ORDERED that on the court's own motion, exhibit AA submitted by the appellant is stricken on the ground that it contains material dehors the record; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15773

J/nl

2004-02598, 2004-02600 Charlotte Lisi, etc., et al., appellants, v County of Suffolk, et al., respondents. (Index No. 1174/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two judgments of the Supreme Court, Suffolk County, entered February 6, 2004, and March 4, 2004, respectively.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until December 24, 2004, and the record or appendix on the appeals 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

M15675

O/nl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-03859 James Magee, plaintiff, v County of Suffolk, appellant, et al., defendants. (Index No. 04-04751)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated April 23, 2004, to strike the plaintiff's brief on the ground that he is not a respondent on 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 granted, and the brief is stricken and shall not be considered on the appeal.

FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15813

CF/

2004-04284 Felicia Marino, appellant, v Peter Dinda, respondent. (Index No. 830/01)

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 May 6, 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

M15605

R/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-10797 Leslie B. Maron, appellant, v Tamara O'Bradovich, et al., respondents. (Index No. 11495/03)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, entered October 31, 2003, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]), and application by the appellant to withdraw the appeal.

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

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion is denied as academic.

FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15765

Y/nl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-05073 Carol McElrath, etc., et al., respondents, v Lakeland Central School District, appellant. (Index No. 21207/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated June 1, 2004.

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 all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15526

C/cf

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-01094 Angela Maria Molina, respondent, v Rafael O. Perez, etc., appellant, et al., defendants. (Index No. 30706/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 9, 2004.

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

ORDERED that the motion is denied.

FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15820

S/nal

2004-01459 Nikki Murphy, et al., respondents, v State of New York, appellant. (Claim No. 66991)

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 Court of Claims, dated December 8, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 1, 2004, 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

M15664

R/bk

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-10515 NYCTL 1997-1 Trust, etc., respondent, v Nasir M. Gondal, etc., et al., defendants; Khondaker Huque, intervenor-appellant. (Index No. 46676/98)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 29, 2003, for failure to timely perfect the same, and cross motion by the intervenor-appellant to enlarge the time to perfect the appeal.

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 granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until October 25, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15494

A/nl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-07184 New York City Economic Development Corporation, respondent, v T.C. Foods Import and Export Co., Inc., defendant, Marathon Outdoor L.L.C., et al., appellants. (and a third-party action) (Index No. 5856/00)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order and interlocutory judgment (one paper) of the Supreme Court, Queens County, dated July 6, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted to the extent that so much of the order and interlocutory judgment (one paper) as directed the removal of a "Tower" on the subject property is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 12, 2004, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 12, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15757

Y/nl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-07443 Mary Ann Notter, respondent, v Michael Notter, appellant. (Index No. 202920/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay stated portions of an order of the Supreme Court, Nassau County, dated August 2, 2004, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15733

R/nl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-04224 Gennaro G. Ottomanelli, respondent, v Debra L. Ottomanelli, appellant. (Index No. 204409/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered May 12, 2004, inter alia, for clarification of a decision and order on motion of this court, dated June 14, 2004, and cross motion by the respondent to dismiss the appeal in part, and for an award of an attorneys' fee.

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 granted to the extent that the respondent is directed to continue to make the payments directed by the decision and order on motion of this court, dated June 14, 2004, pending hearing and determination of the appeal, and the motion is otherwise denied; and it is further,

ORDERED that the cross motion is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal.

FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15750

PJL/nl

2003-04883, 2003-06120, 2003-09876, 2003-09877 Stephanie Perell, respondent, v Clifford Krause, appellant. (Index No. 5586/98)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from a judgment of the Supreme Court, Westchester County, dated April 11, 2003, and three orders of the same court, one dated January 17, 2003, and two dated May 27, 2003

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 13, 2004, 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

M15807

PL/nal

2004-03102 Mary Quandt, respondent, v Sidney Wormsby, appellant. (Index No. 41983/03)

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, Kings County, dated March 11, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 7, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15652

O/nl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-11252, 2003-11257, 2004-05063 R.R. Ragette, Inc., d/b/a Prudential Ragette Realtors, respondent, v Robert D'Incecco, et al., appellants. (Index No. 18314/02)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Westchester County, entered November 12, 2003, and June 2, 2003, respectively, and a judgment of the same court dated November 28, 2003, to strike portions of the record on the ground that it contains matter dehors the record, and for leave to serve a supplemental record to add certain pages omitted from the record which were part of its motion for summary judgment.

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 portions of the record is denied; and it is further,

ORDERED that the branch of the motion which is for leave to supplement the record is granted, and on or before October 13, 2004 the respondent shall serve and file a supplemental record containing complete copies of exhibits "J" and "S" to plaintiffs motion for summary judgment; 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 October 13, 2004, and the respondent's brief must be served and filed on or before that date.

FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15686

O/nl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

NANCY E. SMITH

REINALDO E. RIVERA, JJ.

2003-01800 Realis Development, LLC, appellant, v Frank Neuberger, et al., respondents. (Index No. 09105/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated February 5, 2003, which was determined by decision and order of this court dated April 19, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15746

R/nl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-06159 Anthony Russo, et al., plaintiffs, v City of New York, et al., respondents, CAP Equipment Rental Corp., et al., appellants. (Index No. 11977/97)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 19, 2004 on the ground that the order denies a motion for reargument, and is not appealable.

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

ORDERED that the motion is denied without prejudice to the respondents raising the issue in their brief.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15763

CF/

2004-02698 Ayritha Sample, appellant, v Maria E. Levada, etc., et al., respondents. (Index No. 8149/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 26, 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

M15704

A/nl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2003-10791 Andre Sanford, appellant, v Suzy M. Sanford, respondent. (Index No. 11367/99)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered November 3, 2003, for failure to timely perfect the same.

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 the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15814

CF/

2004-01847 Barbara Schnee, respondent-appellant, v First Unum Life Insurance Company of America, appellant-respondent. (Index No. 16345/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent and the respondent-appellant to withdraw an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated February 10, 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 and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15766

J/nl

2004-01302, 2004-03680 Steven R. Schweizer, appellant, v Town of Smithtown, respondent. (Index No. 20888/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated December 30, 2003, and an order and judgment (one paper) of the same court, dated March 31, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until November 10, 2004, and the record or appendix on the appeals 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

M15613

C/cf

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2002-00131 Frederick Siemon, appellant, v Kristen Useted, respondent. (Index No. 5085/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to appeal to the Court of Appeals from a decision and order on motion of this court, dated July 30, 2004, which determined his pro se motion for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, dated December 18, 2001, as a poor person, and for the assignment of counsel. Cross motion by the respondent to dismiss the appeal for failure to timely perfect the appeal.

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 granted; and it is further,

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

RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15424

A/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-10159, 2003-10160 Sue Smulczeski, appellant, v Richard Smulczeski, respondent. (Matter No. 1) (Index No. 26989/00) 2004-06738, 2004-06739 The People, etc., ex rel. Richard Smulczeski, o/b/o Marie Smulczeski, respondent, v Susan Smulczeski, appellant. (Matter No. 2) (Index No. 12157/04)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from (1) an order of the Supreme Court, Suffolk County, dated October 22, 2003 (Appellate Division Docket No. 2003-10159), (2) a judgment of the same court entered October 29, 2003 (Appellate Division Docket No. 2003-10160), (3) an order of the same court dated June 17, 2004 (Appellate Division Docket No. 2004-06738), and (4) an order of the same court dated July 28, 2004 (Appellate Division Docket No. 2004-06739), in effect, to stay enforcement of so much of the order dated July 28, 2004, as found her to be in contempt of court and directed her incarceration, pending hearing and determination of that appeal, to stay enforcement of the order dated June 17, 2004, which, among other things, directed the appellant to return custody of the parties' child Marie to the respondent, pending hearing and determination of that appeal, to consolidate the appeals, and for a preference in the calendaring of the appeals.

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

ORDERED that the branch of the motion which is to stay enforcement of so much of the order dated July 28, 2004, as found the appellant to be in contempt of court and directed her incarceration, is granted to the extent that so much of that order as directed the appellant's incarceration is stayed pending hearing and determination of the appeals on condition that the appeals from the orders dated June 17, 2004, and July 28, 2004, respectively, are perfected on or before October 12, 2004, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals from the orders dated June 17, 2004, and July 28, 2004, respectively, are not perfected on or before October 12, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

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

ORDERED that on the court's own motion, the appeals shall be heard together, and shall be argued or submitted on the same day; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is granted, and the appeals will be calendared when they are fully perfected.

FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15477

J/nl

2004-02035 South Road Associates, LLC, respondent, v International Business Machines Corporation, appellant. (Index No. 174/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated November 25, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 1, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15663

A/nl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-01755, 2004-01756, 2004-05776 State of New York, et al., respondents, v Westchester Joint Water Works, appellant. (Index No. 13364/99)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, entered February 3, 2004, and February 4, 2004, respectively, and a judgment of the same court entered June 9, 2004, to stay enforcement of the judgment pending hearing and determination of the appeals.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15782

J/nl

2004-00663 Charles Stucklen, appellant, v Kabro Associates, et al., respondents. (Index No. 10354/03)

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 an order of the Supreme Court, Suffolk County, dated December 11, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before September 20, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15738

S/nl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-06824 Naureen Tanvir, respondent, v Sheikh Tanvir, appellant. (Index No. 8308/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 1, 2004, in the above-entitled case is amended by (1) deleting from the third decretal paragraph the words "; and it is further", and (2) deleting the fourth decretal paragraph, and (3) adding to the third decretal paragraph thereof after the word "granted" a period.

SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15560

C/cf

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-05396 Titus Toriola, et al., plaintiffs, v Ngan Sek Kong, defendant. (Index No. 3185/99)

DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division

Motion by the plaintiff Titus Toriola for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated December 9, 2003, which affirmed a judgment of the Civil Court, Kings County, entered December 5, 2002.

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

ORDERED that the motion is denied.

FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15635

O/cf

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-05700 Claire Toy, respondent, v Anthony Toy, appellant. (Index No. 01-16813)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to proceed on the original papers on an appeal from an order of Supreme Court, Suffolk County, dated June 21, 2004.

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

ORDERED that the motion is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other.

ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15815

CF/

2004-00976 Treeline Mineola, LLC, respondent, v Barry E. Berg, appellant. (Index No. 1002/02)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

M15431

A/nl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

PETER B. SKELOS, JJ.

2003-01439 Pamela Vega, etc., et al., respondents, v Stimsonite Corporation, appellant, et al., defendants. (and a third-party action) (Index No. 6360/98)

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 January 13, 2003.

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

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

SANTUCCI, J.P., LUCIANO, SCHMIDT and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15744

S/cf

2004-00505 Ventresca Realty Corp., respondent, v Houlihan Parnes Corp., n/k/a 455 Central Corp., appellant. (Index No. 8051/01)

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, Westchester County, dated December 12, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 20, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15775

S/nl

2004-00073 Bruno Wells, et al., appellants-respondents, v 109 South 8th, LLC, respondent-appellant, Attro Construction Corporation, respondent. (Index No. 45117/97)

ORDER ON APPLICATION

Application by the appellants-respondents 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 October 9, 2003.

ORDERED that the application is granted and the appellants-respondents' reply brief shall be served and filed on or before September 15, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15770

S/cf

2004-02661 Patricia Yak, etc., respondent, v Estate of Dorothy Rew Grant, etc., et al., appellants, etc., et al., defendants. (Index No. 18693/02)

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, Westchester County, dated February 17, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 22, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15739

C/nl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-06596 In the Matter of AT&S Transportation, LLC, respondent, v Odyssey Logistics & Technology Corporation, appellant. (Index No. 06596/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the arbitration in the above-entitled proceeding pending the hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered June 28, 2004.

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

ORDERED that the motion is denied.

KRAUSMAN, J.P., MASTRO, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15647

M/nal

2004-01827 In the Matter of Charisma Mahilya D. (Anonymous). Seamen's Society for Children & Families, respondent; Carolyn D. (Anonymous), appellant. (Docket No. B-7754-02)

SCHEDULING ORDER

Appeal by Carolyn D. from an order of the Family Court, Kings County, dated January 23, 2004. By decision and order of this court dated August 23, 2004, the following attorney was assigned as counsel on the appeal:

Salvatore Adamo, Esq.

PMB 40

350 Fifth Avenue - Suite 3304

New York, New York 10118-0069

(212) 964-7983

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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel 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 any 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 the order of this court dated August 23, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk 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

M15729

C/nal

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-03333, 2004-03334 In the Matter of Christyn Ann D. (Anonymous). Suffolk County Department of Social Services, respondent; Howard D. (Anonymous), et al., appellants. In the Matter of Stefanie Lynn D. (Anonymous). Suffolk County Department of Social Services, respondent; Charlotte D. (Anonymous), et al., appellants. (Docket Nos. B-17042-02, B-17045-02)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court

Motion by counsel assigned to represent Charlotte D. in a proceeding before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Suffolk County, dated January 23, 2004, and March 29, 2004, respectively, and to grant the appellant leave to prosecute the appeals as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before October 4, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeals and leave to prosecute the appeals as a poor person are denied with leave to the appellant to renew, on or before November 3, 2004, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeals.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15639

O/nl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2003-06585, 2003-06733 In the Matter of Eshagh Eshaghian, a/k/a E. Ike Eshaghian, deceased. Mahrokh Eshaghian, et al., respondents; David Eshaghian, nonparty-appellant. (File No. 1916/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue appeals from two orders of the Surrogate's Court, Queens County, dated June 17, 2003, and July 16, 2003, respectively, which were determined by decision and order of this court dated May 17, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

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

FLORIO, J.P., COZIER, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial DepartmentM15776

R/nl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

PETER B. SKELOS, JJ.

2004-05240 In the Matter ofTerry Fretto, petitioner, v Patricia McCauley Pulaski, respondent. (Docket No. V-11999/03)

DECISION & ORDER ON MOTION

Motion by Patricia McCauley Pulaski for leave to appeal to this court from an order of the Family Court, Nassau County, dated June 2, 2004 and to stay all proceedings in the above-entitled proceeding pending hearing and determination of the appeal, and cross motion by the appellant to dismiss the appeal on the ground that the motion for leave to appeal was not timely filed.

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

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

ORDERED that on the court's own motion, the appeal taken as of right is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted (see Family Ct Act § 1110); it is further,

ORDERED that the branch of the motion which is for a stay is denied as academic; and it is further,

ORDERED that the cross motion is denied as academic.

SANTUCCI, J.P., LUCIANO, SCHMIDT and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15677

M/nal

2004-03132 In the Matter of David Gallegos, appellant, v Administration for Children's Services, et al., respondents. (Docket No. V-36564-03)

SCHEDULING ORDER

Appeal by David Gallegos from an order of the Family Court, Kings County, dated February 25, 2004. By decision and order of this court dated September 3, 2004, the appellant's motion for leave to reargue a prior motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk 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

M15626

M/nal

2004-00630 In the Matter of Javon H. (Anonymous), appellant. (Docket No. E-27043/02)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Kings County, dated December 23, 2003. By decision and order of this court dated August 26, 2004, the following attorney was assigned as counsel on the appeal:

Francine Sharga, Esq.

869 East 12th Street

Brooklyn, New York 11230

718-377-4894

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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel 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 any 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 the order of this court dated August 26, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk 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

M15432

A/nl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2004-00816 In the Matter of John Hinspeter, petitioner, v John M. Leventhal, etc., respondent.

DECISION & ORDER ON MOTION

Motion by the petitioner, a State inmate under sentence for conviction of a crime, for leave to reargue his application pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person, which application was denied by decision and order on motion of this court dated May 4, 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 petitioner's time to comply with the decision and order on motion dated May 4, 2004 is enlarged until October 12, 2004.

SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15486

C/nal

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-02316 In the Matter of Jaiyeola-Akintunde J. (Anonymous), a/k/a Jaiyeola J. (Anonymous). Nassau County Department of Social Services, respondent; James D. J. (Anonymous), a/k/a James J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jahmir Domevlo J. (Anonymous), a/k/a Jahmir J. (Anonymous). Nassau County Department of Social Services, respondent; James D. J. (Anonymous), a/k/a James J. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-853/02, B-856/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court dated June 1, 2004, which determined an appeal from an order of fact-finding and disposition of the Family Court, Nassau County, dated December 10, 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.

SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15600

O/nal

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2002-10162 In the Matter of Michael J. Kazimer, petitioner, v Glenn S. Goord, etc., respondent. (Index No. 3751/02)

DECISION & ORDER ON MOTION

Motion by the petitioner on an appeal from an order of the Supreme Court, Dutchess County, dated October 31, 2002, for leave to reargue a motion to recall and vacate a decision and order on motion of this court dated June 3, 2003, dismissing the appeal, which was determined by decision and order of this court dated April 26, 2004.

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

ORDERED that the motion is denied.

SANTUCCI, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15555

C/cf

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-05045 In the Matter of Michael Kuczinski, appellant, v Board of Trustees of New York City Fire Department, Article 1-B Penision Fund, etc., et al., respondents. (Index No. 44784/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated June 1, 2004, which determined an appeal from a judgment of the Supreme Court, Kings County, dated March 14, 2003.

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

ORDERED that the motion is denied.

SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15681

M/nal

2004-01610 In the Matter of Tony L. (Anonymous), appellant. (Docket No. D-20676/02)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Kings County, dated February 5, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 3, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk 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

M15645

M/nal

2004-04589 In the Matter of Kenneth Laland, respondent, v Tracy Edmond, appellant. (Docket No. V-00154-02)

SCHEDULING ORDER

Appeal by Tracy Edmond from an order of the Family Court, Queens County, dated April 29, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 26, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 35 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

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

M15643

A/cf

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-06094, 2003-01899 In the Matter of David M. (Anonymous). Angel Guardian Children & Family Services, Inc., et al., respondents; Kelly M. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-7793/99) In the Matter of Joy M. (Anonymous). Angel Guardian Children & Family Services, Inc., et al., respondents; Kelly M. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-7794/99)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Kings County, both dated May 15, 2002, to grant the appellant leave to prosecute the appeals as a poor person, and, in effect, for a reconstruction hearing with respect to the fact-finding hearing in the above-entitled proceedings.

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

ORDERED that branch of the motion which is for a reconstruction hearing is granted, and the matter is remitted to the Family Court, Kings County, for a reconstruction hearing with respect to the fact-finding hearing in the above-entitled proceedings which occurred before Judge Nora Freeman; and it is further,

ORDERED that the stenographer of the Family Court is directed promptly to make, certify and file two typewritten transcripts of the stenographic minutes of the reconstruction hearing, once said hearing has been completed, and the Clerk of the Family Court shall furnish one of those certified transcripts to the appellant's counsel, without charge (cf. Family Ct Act § 1121[7]); assigned counsel is directed to turn over those transcripts to the respondent and the Law Guardian when counsel serves the appellant's brief on the respondent and the Law Guardian; and it is further,

ORDERED that appellant's counsel is directed to serve a copy of this decision and order upon the Clerk of the court from which the appeals are taken, and it is further,

ORDERED that the branch of the motion which is to be relieved as counsel is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is referred to the Clerk of this court pursuant to 22 NYCRR 670.4(a).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15498

M/nal

2004-06840, 2004-06841, 2004-06842 In the Matter of Juliane M. (Anonymous). Administration for Children's Services, petitioner-respondent; Theresa M. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Matthew M. (Anonymous). Administration for Children's Services, petitioner-respondent; Theresa M. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. N-16712/01, N-16713/01)

SCHEDULING ORDER

Appeals by Theresa M. from three orders of the Family Court, Queens County, all dated August 10, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

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

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals 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

M15642

M/nal

2003-07824 In the Matter of Sheldon Martin, respondent, v Lois P. Martin, appellant. (Docket No. V-02621/01)

SCHEDULING ORDER

Appeal by Lois P. Martin from an order of the Family Court, Suffolk County, dated July 8, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 27, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 35 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

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

M15644

M/nal

2004-00409 In the Matter of Noah I. Mc. (Anonymous), appellant. (Docket No. S-4900/03)

SCHEDULING ORDER

Appeal by the Noah I. Mc. from an order of the Family Court, Suffolk County, dated December 10, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 25, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 35 days of the date of this order.

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

M15638

M/nal

2004-01294, 2004-01296 In the Matter of Alexa Miranda, respondent, v Moses Vasquez, appellant. (Docket No. F-07945/02)

SCHEDULING ORDER

Appeals by Moses Vasquez from two orders of the Family Court, Kings County, dated October 1, 2003, and January 2, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on August 27, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk 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

M15660

M/nal

2004-06632 In the Matter of Ronald Munster, respondent, v Jacqueline Munster, appellant. (Docket No. V-18658-03)

SCHEDULING ORDER

Appeal by Jacqueline Munster from an order of the Family Court, Suffolk County, dated June 28, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 24, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 35 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

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

M15646

M/nal

2004-02528 In the Matter of Aminat O. (Anonymous). Suffolk County Child Protective Services, respondent; Larre O. (Anonymous), appellant. In the Matter of Lola O. (Anonymous). Suffolk County Child Protective Services, respondent; Larre O. (Anonymous), appellant. (Docket Nos. N-8308-03, N-8309-03)

SCHEDULING ORDER

Appeal by Larre O. from an order of the Family Court, Suffolk County, dated February 23, 2004. By decision and order of this court dated August 24, 2004, the following attorney was assigned as counsel on the appeal:

Anna Martin, Esq.

250 Montauk Highway

East Moriches, New York 11940

(631) 878-3352

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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel 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 any 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 the order of this court dated August 24, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk 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

M15513

A/nl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-06254 In the Matter of Caleb P. (Anonymous). Motion by Counsel to b Orange County Department of Social Services, of Assignment - Family et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dylan P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Misty P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Molly P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Sean P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Tyler P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-888/04, N-889/04, N-890/04, N-891/04, N-892/04, N-893/04)

DECISION & ORDER ON MOTION e Relieved Court

Motion by counsel assigned to represent the appellant in proceedings before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, entered June 2, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.

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

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

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before September 24, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before October 15, 2004, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15817

CF/

2004-03012 In the Matter of Milton R. (Anonymous), appellant. (Docket No. D-21754-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated March 4, 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

M15818

CF/

2004-04565 In the Matter of Steven S. (Anonymous). Administration for Children's Services, appellant; Melanie S. (Anonymous), respondent. In the Matter of Michael S. (Anonymous). Administration for Children's Services, appellant; Melanie S. (Anonymous), respondent. In the Matter of Tiana S. (Anonymous). Administration for Children's Services, appellant; Melanie S. (Anonymous), respondent. In the Matter of Christopher S. (Anonymous). Administration for Children's Services, appellant; Melanie S. (Anonymous), respondent. (Docket Nos. N-13095-98, N-13096-98, N-13097-98, N-31206-03, B-25305-00, B-25036-00, B-25037-00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated May 26, 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

M15633

R/nl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

HOWARD MILLER

DANIEL F. LUCIANO, JJ.

2003-05335 In the Matter of Dorothea Simonsen, appellant, v Zoning Board of Appeals of Town of Huntington, et al., respondents. (Index No. 11880/97) (Matter No. 1) 2004-02148 Catherine Nettesheim, et al., respondents-appellants, v Dorothea J. Simonsen, appellant-respondent, et al., defendant. (Index No. 12525/03) (Matter No. 2)

DECISION & ORDER ON MOTION

Motion by the petitioner in Matter No. 1 and the appellant-respondent in Matter No. 2 for leave to reargue a motion for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated May 9, 2003, entered in Matter No. 1, which was determined by decision and order on motion of this court dated September 19, 2003, to consolidate the appeal from the order, dated May 9, 2003, with a judgment of the same court, entered February 2, 2004, in Matter No. 2, and to enlarge the time to perfect the appeal in Matter No. 2.

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 reargue is granted and, upon reargument, the motion for leave to appeal to this court is granted; and it is further,

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

ORDERED that the parties shall file 10 copies of the record on appeal and their respective briefs; and it is further,

ORDERED that branch of the motion which is to enlarge the time to perfect the appeal in Matter No. 2 is granted; and it is further,

ORDERED that Dorothea Simonsen's time to perfect the appeal in Matter No. 2 is enlarged until November 8, 2004, and the joint record on the consolidated appeals and the brief of Dorothea Simonsen must be served and filed on or before that date; and it is further,

ORDER that Catherine and Peter Nettesheim shall serve and file their answering brief, including their points of argument on the cross appeal from the judgment in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

PRUDENTI, P.J., RITTER, H. MILLER and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15497

Y/nl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-07375 In the Matter of Greg D. Trager, respondent, v Karl Kampe, etc., et al., appellants. (Index No. 26524/98)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the preliminary conference, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered August 12, 2004.

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 all proceedings in the above-entitled action, including the preliminary conference, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 12, 2004 ; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 12, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15678

M/nal

2004-01019 In the Matter of Curtis Vann, respondent, v Jennifer Vann, appellant. (Docket Nos. V-5451-03, V-5452-03)

SCHEDULING ORDER

Appeal by Jennifer Vann from an order of the Family Court, Orange County, dated December 17, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 23, 2004. By decision and order of this court dated August 25, 2004, the following attorney was assigned as the law guardian on the appeal:

Henry J. Neale, Jr., Esq.

222 Mamaroneck Avenue

White Plains, New York 10605

(914) 997-7575

Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's brief shall be served and filed within 35 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

M15682

M/nal

2004-01206 In the Matter of Jane Zullo, respondent, v George Hom, appellant. (Docket No. F-3296/96)

SCHEDULING ORDER

Appeal by George Hom from an order of the Family Court, Nassau County, dated January 16, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 25, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk 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

M15488

C/nal

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-05073 The People, etc., respondent, v Shawn Coleman, appellant. (Ind. No. 1967/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered May 5, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

Attica Correctional Facility

Box 149

Attica, NY 14011

Appellate Division: Second Judicial Department

M15629

O/cf

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2003-08040 The People, etc., respondent, v Abraham Decclesis, appellant. (Ind. No. 368/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, rendered August 20, 2003, to be provided with certain minutes and documents to aid in the preparation of his supplemental brief.

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

ORDERED that the motion is denied.

ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15623

F/

ROBERT A. LIFSON, J.

2004-06376 The People, etc., plaintiff, v Louis Efferson, defendant. (Ind. No. 3250/99)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated June 2, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

ROBERT A. LIFSON

Associate Justice

Appellate Division: Second Judicial Department

M15779

J/nl

2000-04687, 2000-07141 ORDER ON APPLICATION The People, etc., respondent, v Angelo Espinal, appellant. (Ind. No. 3451/98)

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from a judgment and an amended judgment of the Supreme Court, Queens County, both rendered April 27, 2000.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 1, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15620

F/

NANCY E. SMITH, J.

2004-05936 The People, etc., plaintiff, v John Fletcher, defendant. (Ind. No. 2696/97)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated June 1, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

NANCY E. SMITH

Associate Justice

Appellate Division: Second Judicial Department

M15621

F/

NANCY E. SMITH, J.

2004-06378 The People, etc., plaintiff, v Javed Khan, defendant. (Ind. No. 499/90)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated June 23, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

NANCY E. SMITH

Associate Justice

Appellate Division: Second Judicial Department

M15752

PJL/nl

2003-00542 The People, etc., respondent, v Richard Marino, appellant. (Ind. No. 1380/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the County Court, Suffolk County, rendered December 12, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 1, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15624

R/cf

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-05000 The People, etc., plaintiff, v Sylvan Martin, defendant. (Ind. No. 397/02)

DECISION & ORDER ON MOTION

Renewed motion by the defendant pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered December 19, 2002.

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

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

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15593

A/nal

DAVID S. RITTER, J.P.

HOWARD MILLER

SONDRA MILLER

ROBERT A. SPOLZINO, JJ.

2003-08035 The People, etc., respondent, v Ricardo Molina, appellant. (Ind. No. 95-00976)

DECISION & ORDER ON MOTION

Motion by assigned counsel to dismiss, as abandoned, an appeal from a determination of the County Court, Westchester County, dated August 13, 2003, and to be relieved of the assignment to prosecute that appeal, and cross motion by the respondent to dismiss the appeal as abandoned.

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

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

ORDERED that the appeal is dismissed (see 22 NYCRR 670.8[f]); and it is further,

ORDERED that the branch of the motion which is to relieve assigned counsel on the appeal is granted; and it is further,

ORDERED that the motion is otherwise denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15743

C/nl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

STEVEN W. FISHER, JJ.

2001-01586 The People, etc., respondent, v Steven Price, appellant. (Ind. No. 1421/98)

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 January 17, 2001.

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 October 13, 2004 , and the respondent's brief must be served and filed on or before that date.

SANTUCCI, J.P., LUCIANO, SCHMIDT and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15490

C/nal

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2002-10246 The People, etc., respondent, v Patrice Smith, appellant. (Ind. No. 3318/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered October 30, 2002, for an order of this court releasing any and all minutes of the Grand Jury proceedings conducted under Indictment No. 3318/01.

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

ORDERED that the motion is referred to the panel that is assigned to hear the appeal, to be determined after an in camera review of the minutes in question; and it is further,

ORDERED that the District Attorney shall file the Grand Jury minutes in question with the Clerk of this Court, and those minutes shall remain sealed upon delivery.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15618

R/nl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-04653 The People, etc., respondent, v Joseph Swinton, appellant. (Ind. No. 3596/02)

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 May 19, 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 October 22, 2004, and the respondent's brief must be served and filed on or before that date.

FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15649

R/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2003-05802 The People, etc., ex rel. Mosery, o/b/o Benjamin Ealey, appellant, v Superintendent of Nassau County Correctional Facility, respondent. (Ind. No. 2125/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated June 21, 2004, which determined an appeal from an order of the Supreme Court, Nassau County, dated May 29, 2003.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., FLORIO, LUCIANO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15740

S/nl

DAVID S. RITTER, J.P.

HOWARD MILLER

SONDRA MILLER

ROBERT A. SPOLZINO, JJ.

2004-06591 The People, etc., ex rel. Jennifer L. Ritter, o/b/o Julius Newton, appellant, v Warden Kings County Prison Ward, etc., respondent. (Index No. 2161/04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated August 23, 2004, in the above-entitled matter is amended by deleting from the seventh decretal paragraph thereof the words "90 Church Street, New York, New York, 10007", and substituting therefor the words "Legal Aid Society, 199 Water Street, Fifth Floor, New York, New York, 10038".

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

ENTER:

James Edward Pelzer

Clerk of the Court