Appellate Division: Second Judicial Department

M20019

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GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-06349 American Business Credit, Inc., plaintiff, v Israel Sanabria, appellant, et al., defendants; 39 Broadway Holdings, LLC, et al., nonparty- respondents. (Index No. 9419/02)

DECISION & ORDER ON MOTION

Motions by the appellant, (1) in effect, to enjoin the nonparty-respondents, their attorneys, and their agents from disturbing the appellant's possession of certain premises known as 242 56th Street, Brooklyn, New York pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 21, 2004, and (2) for leave to file a notice of pendency against the subject premises.

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

ORDERED that the motions are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20017

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GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-05698 James Bonasera, plaintiff-respondent, v Town of Islip, defendant third-party plaintiff- appellant; Juan Medrano, etc., et al., third-party defendants-respondents. (Index No. 16498/96)

DECISION & ORDER ON APPLICATION

Application by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated May 17, 2004.

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

ORDERED that on the court's own motion the appellant's notice of appeal is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c]); and it is further,

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

ORDERED that the appellant's time to perfect the appeal is enlarged until February 22, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20012

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GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-01778 Elisa E. Breiding, et al., appellants, v David Giladi, et al., respondents. (Index No. 20224/01)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated November 18, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20003

R/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-06948 Raul Linares, respondent, v United Management Corp., et al., respondents-appellants, Refuse Systems Corp., et al., appellants-respondents, et al., defendant. (Index No. 10579/02)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated June 18, 2004.

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 and the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19914

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GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-09193 Yakov Pechersky, etc., et al., appellants, v Queens Surface Corp., et al., respondents. (Index No. 16223/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 7, 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 trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 17, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 17, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20014

R/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-05491 In the Matter of Roger A. (Anonymous), appellant, v Martin F. Horn, etc., respondent. (Index No. 1929/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, dated May 26, 2004, for leave to reargue a motion for leave to prosecute the appeal as a poor person, to waive the filing fee, for a copy of the transcript without charge, and for the assignment of counsel, which was determined by decision and order of this court dated October 18, 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; and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until February 24, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19987

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2004-00272 In the Matter of Michael Anderson, respondent, v Idrissa Sparks, appellant. (Docket No. V-8864/03)

SCHEDULING ORDER

Appeal by Idrissa Sparks from an order of the Family Court, Westchester County, dated December 2, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 15, 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 time of the respondent Michael Anderson to serve and file a brief on the appeal is enlarged until January 26, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19973

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2004-06450 In the Matter of Kofi Kari Kari Awere, appellant, v Gertrude Sims, respondent. (Docket No. F-06810-02)

SCHEDULING ORDER

Appeal by Kofi Kari Kari Awere from an order of the Family Court, Queens County, dated June 23, 2004. By decision and order on motion of this court dated October 26, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person, for the assignment of counsel, free transcripts, and the waiver of the filing fee was denied. By decision and order on motion dated December 28, 2004, a motion for leave to reargue 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 20 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20000

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2004-03624 In the Matter of Hilary Best, appellant, v Queens County Criminal Court, et al., respondents. (Index No. 2185/04)

ORDER ON APPLICATION

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19916

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GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-09208 In the Matter of Pina Colapinto, appellant, v Martin Heinfling, respondent. (Docket No. F-05939-04)

DECISION & ORDER ON MOTION

Appeal by Pina Colapinto from an order of the Family Court, Nassau County, dated August 24, 2004. By order to show cause dated December 3, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated October 26, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).

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

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

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 15, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19969

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2004-06253 In the Matter of Rico D. (Anonymous). Commissioner of Social Services, respondent; Debra C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Saka P.-L. (Anonymous). Commissioner of Social Services, respondent; Debra C. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Diro F. (Anonymous). Commissioner of Social Services, respondent; Debra C. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Jovan P.-L. (Anonymous). Commissioner of Social Services, respondent; Debra C. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. NA-35101-03, NA-35102-03, NA-35103-03, NA-35104-03)

SCHEDULING ORDER

Appeal by Debra C. from an order of the Family Court, Kings County, dated July 12, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 7, 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 time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until February 7, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20010

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FRED T. SANTUCCI, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-08763 In the Matter of Martha Elizalde, appellant, v Andres De La Torre, respondent. (Docket No. V-08698/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 23, 2004, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated September 2, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew, on or before January 25, 2004, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation.

SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20002

Y/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-10785, 2004-10786 In the Matter of Lisa Catherine Gagliano, plaintiff, v Dominick Gagliano, defendant. (Docket No. 11742/03)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from two orders of the Family Court, Suffolk County, dated September 28, 2004, and November 15, 2004, respectively, for leave to prosecute the appeals as a poor person, and to stay enforcement of the orders 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 branch of the motion which is for leave to appeal is denied: and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED than on the court's own motion, the appeals purportedly taken as of right are dismissed, without costs or disbursements.

We note that the hearing scheduled to begin on January 4, 2005, should be completed as expeditiously as possible.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19972

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2004-02133 In the Matter of Patricia Griffin, respondent, v Daniel B. Griffin, appellant. (Docket No. F-00277-92)

SCHEDULING ORDER

Appeal by Daniel B. Griffin from an order of the Family Court, Westchester County, dated February 6, 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 appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until January 31, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19980

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2004-04637, 2004-04639, 2004-04785 In the Matter of Whitney H. (Anonymous). Administration for Children's Services, respondent; Denise H. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Brittany J. (Anonymous). Administration for Children's Services, respondent; Denise H. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Royesha B. (Anonymous). Administration for Children's Services, respondent; Denise H. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-13303-01, N-13304-01, N-13305-01

SCHEDULING ORDER

Appeals by Denise H. from three orders of the Family Court, Queens County, all dated April 21, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 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 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, 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

M19976

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2004-08899 In the Matter of Mark S. Halpern, appellant, v Carla M. Gorski, respondent. (Docket No. F-0360-00)

SCHEDULING ORDER

Appeal by Mark S. Halpern from an order of the Family Court, Nassau County, dated August 23, 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 appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19970

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2003-09320 In the Matter of Lisa Lewis, appellant, v Francis Redhead, respondent. (Docket No. F-7557/00)

SCHEDULING ORDER

Appeal by Lisa Lewis from an order of the Family Court, Kings County, dated September 18, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 30, 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

M19996

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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. The appellant's brief was filed in the office of the Clerk of this court on November 15, 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 and the law guardian's time to serve and file their respective briefs on the appeals is enlarged until January 31, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19982

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2003-08924 In the Matter of Ramsay M. (Anonymous). Administration for Children's Services, appellant; Olga P. (Anonymous), et al., respondents. (Docket No. NA-14192/02)

SCHEDULING ORDER

Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated September 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 1, 2004, and the law guardian's brief was served and filed on November 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 the time of the respondent Olga P. to serve and file a brief on the appeal is enlarged until January 27, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19989

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2004-08645 In the Matter of Brian K. MacKay, respondent, v Olga M. MacKay, appellant. (Docket No. V-10519-02)

SCHEDULING ORDER

Appeal by Olga M. MacKay from an order of the Family Court, Nassau County, dated August 23, 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 appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 17, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19981

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2004-04633 In the Matter of Tammy Moloney, respondent, v James Moloney, appellant. (Docket Nos. V-13500-03, V-13501-03, V-13502-03, V-13503-03)

SCHEDULING ORDER

Appeal by James Moloney from an order of the Family Court, Nassau County, dated March 26, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 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 45 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

M19993

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2004-03255 In the Matter of Ruby Morgan, appellant, v Moses King, respondent. (Docket No. U-18391/98)

SCHEDULING ORDER

Appeal by Ruby Morgan from an order of the Family Court, Kings County, dated March 4, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 16, 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 time to serve and file a brief on the appeal is enlarged until January 31, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19971

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2004-01616, 2004-01619 In the Matter of Distiny Angelina N. (Anonymous). Administration for Children's Services, petitioner-respondent; Luis N. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Tabettha Wanda N. (Anonymous). Administration for Children's Services, petitioner-respondent; Luis N. (Anonymous), appellant, et al., respondent (Proceeding No. 2) (Docket Nos. B-10330/01, B-10331/01)

SCHEDULING ORDER

Appeals by Luis N. from two orders of the Family Court, Kings County, both dated January 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 16, 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 time of the respondent and the law guardian to serve and file their briefs on the appeals is enlarged until February 3, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19990

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2004-03324 In the Matter of Thomas O'Connor, appellant, v Lisa Dyer, respondent. (Docket Nos. V-473-03, V-474-03)

SCHEDULING ORDER

Appeal by Thomas O'Connor from an order of the Family Court, Dutchess County, dated March 12, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 27, 2004, and the law guardian's brief was served and filed on December 14, 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 time to serve and file a brief on the appeal is enlarged until February 23, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19988

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2004-03861 In the Matter of Anthony O. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Docket No. N-103-02)

SCHEDULING ORDER

Appeal by Lillian O. from an order of the Family Court, Westchester County, dated March 29, 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 appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until January 17, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19994

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2004-03529 In the Matter of Mary R. (Anonymous), respondent, v Sidi Mohammed T. (Anonymous), appellant. (Docket No. P-1841-02)

SCHEDULING ORDER

Appeal by Sidi Mohammed T. from an order of the Family Court, Kings County, dated March 29, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 22, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 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

M19991

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HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-03875, 2004-03878 In the Matter of Sir Shannon Deshawn Kwo R. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; LaToya Joy R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Prince Mark Anthony R. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; LaToya Joy R. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-7785/02, B-7786/02)

DECISION & ORDER ON MOTION

Appeals by LaToya Joy R. from two orders of the Family Court, Kings County, both dated March 5, 2004. By order to show cause dated October 19, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a decision and order on motion of this Court dated August 26, 2004, which granted the appellant leave to renew a motion for leave to prosecute the appeals as a poor person on or before October 1, 2004.

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

ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated August 26, 2004 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19983

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2003-10154, 2003-10157, 2003-10158, 2004-09635, 2004-09636 In the Matter of Heather S. (Anonymous). Dutchess County Department of Social Services, respondent; Lori S. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Nicole S. (Anonymous). Dutchess County Department of Social Services, respondent; Lori S. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Alyssa S. (Anonymous). Dutchess County Department of Social Services, respondent; Lori S. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-2989/02, N-2990/02, N-2991/02)

SCHEDULING ORDER

Appeals by Thomas U. and Lori S. from an order of the Family Court, Dutchess County, dated July 23, 2003, and four orders of the same court all dated October 3, 2003. The brief of the appellant Thomas U. was served and filed on November 3, 2004, the brief of the appellant Lori S. was served and filed on November 4, 2004, and the respondent's brief was served and filed on December 28, 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 law guardian's time to serve and file a brief on the appeals is enlarged until January 31, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19977

M/nal

2004-02839, 2004-02840 In the Matter of Jazmone S. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ashley J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Zalika J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Ethan J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. N-04616-04, N-04617-04, N-04618-04, N-04619-04)

SCHEDULING ORDER

Appeals by Philip J. from two orders of the Family Court, Queens County, both dated March 31, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 9, 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 time of the respondent and the law guardian to serve and file their respective briefs on the appeals is enlarged until February 2, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19984

M/nal

2004-09152, 2004-09154 In the Matter of Brandon Lee V. (Anonymous). Heart Share Human Services of New York, etc., respondent; German V. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-18606/03) In the Matter of Wesley German V. (Anonymous). Heart Share Human Services of New York, etc., respondent; German V. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-18607/03)

SCHEDULING ORDER

Appeals by German V. from two orders of the Family Court, Kings County, both dated August 16, 2004. By decision and order on motion of this court dated December 22, 2004, the following attorney was assigned as counsel on the appeals:

Dawn Shammas, Esq.

89-31 161st Street - Suite 605

Jamaica, New York 11435

(917) 609-2975

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 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 appeals; or

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated December 22, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is 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

M19985

M/nal

2004-09155, 2004-09156, 2004-09157, 2004-09158, 2004-09160, 2004-09162 In the Matter of "Female" V. (Anonymous), a/k/a Kimberly V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; German V. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-17431/03) In the Matter of Juana Lee V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; German V. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-17432/03) In the Matter of Nathan Lee V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; German V. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-17433/03) In the Matter of Patrick German V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; German V. (Anonymous), appellant. (Proceeding No. 4) (Docket No. B-17434/03) In the Matter of Nouchie Wesley V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; German V. (Anonymous), appellant. (Proceeding No. 5) (Docket No. B-17435/03) In the Matter of Cassandra Lee V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; German V. (Anonymous), appellant. (Proceeding No. 6) (Docket No. B-17436/03)

SCHEDULING ORDER

Appeals by German V. from six orders of the Family Court, Kings County, all dated September 10, 2004. By decision and order on motion of this court dated December 22, 2004, the following attorney was assigned as counsel on the appeals:

Dawn Shammas, Esq.

89-31 161st Street - Suite 605

Jamaica, New York 11435

(917) 609-2975

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 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 appeals; or

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated December 22, 2004, has been served upon the clerk of the court from which the appeals are 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 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

M20004

R/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-08921 In the Matter of Jennifer E. W. (Anonymous), appellant, v Ronald G. (Anonymous), respondent. (Docket No. P-3019/99)

DECISION & ORDER ON MOTION

Appeal by Jennifer E. W. from an order of the Family Court, Kings County, dated August 17, 2004. By order to show cause dated December 2, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated October 21, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated October 21, 2004 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19992

M/nal

2004-09777 In the Matter of Yi Ting Shiau, respondent, v Hoi Pang Chan, appellant. (Docket No. F-835-04)

SCHEDULING ORDER

Appeal by Hoi Pang Chan from an order of the Family Court, Queens County, dated July 9, 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 appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until January 31, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19974

M/nal

2004-08262 In the Matter of Thomas C. Zindle, respondent, v Dorothy Hernandez, appellant. (Docket No. V-10491/00)

SCHEDULING ORDER

Appeal by Dorothy Hernandez from an order of the Family Court, Queens County, dated August 17, 2004. By order to show cause dated November 19, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated October 12, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).

Now, on the court's own motion, it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20025

O/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

1998-05880, 1998-11393 The People, etc., respondent, v Julio Borrell, a/k/a Julio Cesar Borrell, appellant. (Ind. Nos. 3794/94, 4841/94)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve assigned counsel and to assign new counsel for the purpose of moving for leave to appeal to the Court of Appeals from a decision and order of this court dated June 21, 2004, which determined appeals from two judgments of the Supreme Court, Queens County, rendered June 11, 1998, and December 10, 1998, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20021

A/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2003-09286 The People, etc., respondent, v Bruce Monroe, appellant. (Ind. No. 1967/02)

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 County Court, Nassau County, rendered October 14, 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 February 2, 2005, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court