Appellate Division: Second Judicial Department

M20507

O/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-06079 Aames Capital Corporation, respondent, v John Davidsohn, appellant. (Index No. 6565/97)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated May 12, 2004, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until February 18, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20488

CF/

2004-11224 Captain's Walk of West Bay Shore Homeowners Association, Inc., respondent-appellant, v Lois M. Penney, et al., appellants-respondents. (Index No. 20578/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants-respondents and the respondent-appellant to withdraw an appeal and a cross appeal from an order of the Supreme Court, Suffolk County, dated August 25, 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ORDERED that the application is granted and the appeal and cross appeal are marked withdrawn.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

M20466

R/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2004-02805 Matthew DiPietro, respondent, v Edward Y.T. Shen, appellant. (Index No. 10700/98)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated February 18, 2004, which was determined by decision and order of this court dated November 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 denied, with $100 costs.

FLORIO, J.P., ADAMS, GOLDSTEIN, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20529

J/sl

2004-02685 Equicredit Corporation of America, respondent, v Armando Cabrera, appellant, et al., defendants. (Index No. 18442/00)

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, Queens County, dated November 17, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 18, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20454

A/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-10113 Gerard Furey, etc., et al., appellants, v Howard J. Kraft, etc., et al., defendants, North Shore University Hospital, respondent. (Index No. 169/02)

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, Nassau County, entered October 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 denied.

PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20458

A/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2003-05956 Robert Goll, et al., plaintiffs-respondents, v American Broadcasting Companies, Inc., et al., defendants third-party plaintiffs-appellants-respondents; Walton Hauling & Warehouse Corp., third-party defendant-appellant. (Index No. 10868/98)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated June 6, 2003, which was determined by decision and order of this court dated September 20, 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 payable to the defendants third-party plaintiffs-appellants-respondents.

FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20483

S/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2005-00244 H-Run Realty Corp., appellants, v Ahi Ezer Congregation Nursing Home, Inc., respondents. (Index No. 15433/03)

DECISION & ORDER ON MOTION

Appeal by plaintiffs from an order of the Supreme Court, Kings County, dated November 18, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701).

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20477

PL/sl

2004-05995 Iraida Ioffe, et al., appellants, v Hampshire House Apartment Corporation, et al., respondents. (Index No. 20766/98)

ORDER ON APPLICATION

Application by the respondent Hampshire House Apartment Corporation pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated May 27, 2004.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until March 23, 2005, and the movant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20493

CF/

2004-09111 Marian Jakubowski, respondent, v Valimar Home & Land Company, LLC, et al., appellants. (Index No. 42794/01)

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 August 3, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20515

O/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

FRED T. SANTUCCI

REINALDO E. RIVERA, JJ.

2003-04352 Israel Maldonado, etc., et al., appellants, v Olympia Mechanical Piping & Heating Corp., et al., respondents. (Index No. 38454/01)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated March 31, 2003, which was determined by decision and order dated June 7, 2004, to extend their time to serve an amended complaint in the above-entitled action in accordance with the decision and order dated June 7, 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., SCHMIDT, SANTUCCI and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20484

S/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-04054 Anthony Manceri, et al., appellants, v Michael M. Bowe, et al., respondents. (Index No. 26037/01)

DECISION & ORDER ON MOTION

Application by the appellants for leave to file an amended brief on an appeal from an order of the Supreme Court, Suffolk County, dated March 31, 2004.

ORDERED that on the court's own motion the brief filed by the appellants on January 3, 2005, is stricken; and it is further,

ORDERED that the application is granted and the appellants shall file their amended brief on or before January 21, 2005; and it is further,

ORDERED that the respondents shall serve and file their brief on or before February 8, 2005.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20469

PL/sl

2004-03798 Chris McGinnis, appellant, v Douglas Woodward, etc., respondent. (Index No. 08843/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Westchester County, dated March 19, 2004

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 24, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20472

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-10138 Jack Notrica, et al., appellants, v North Hills Holding Company, LLC, et al., respondents. (Index No. 4025/03)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, dated September 23, 2004, inter alia, to stay the trial in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20456

A/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-10376 Charles Remsen, respondent, v Duane Reade, Inc., appellant. (Index No. 7541/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 11, 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.

PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20497

O/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-06806, 2004-09368, 2004-10063 Robert B. Roden, respondent, v Dan's Papers, Inc., appellant. (Index No. 27022/98)

DECISION & ORDER ON MOTION

Application by the appellant to enlarge the time to perfect appeals from a decision, an order and a judgment of the County Court, Suffolk County, dated June 29, 2004, October 22, 2004, and November 3, 2004, respectively.

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

ORDERED that on the court's own motion, pursuant to NY Constitution article VI, § 8(d), and 22 NYCRR 730.1(c)(1), (d), the appeals in the above-entitled action and the pending application are transferred to the Appellate Term for the Ninth and Tenth Judicial Districts, for hearing and determination; and it is further,

ORDERED that all further proceedings in connection with the appeals shall be conducted pursuant to the rules of the Appellate Term for the Ninth and Tenth Judicial Districts.

PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20506

O/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-11328 Alcide Salce, et al., respondents, v Jacques H. Check, appellant. (Index No. 18128/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the retrial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated December 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 the retrial of the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 18, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 18, 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., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20476

PL/sl

2004-04474 Sangro Management Corporation, appellant, v Clinton Hill Apartments Owners Corp., respondent. (Index No. 11511/02)

ORDER ON APPLICATION

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20490

S/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-09649 Barbara D. Stevens and Rhonda Stevens, etc., respondents-appellants, v New York City Transit Authority, et al., appellants-respondents. (Index No. 15156/93)

DECISION & ORDER ON APPLICATION

Application by the respondents-appellants to substitute Barbara D. Stevens and Rhonda Stevens as administrators of the estate of Crystal Stevens, for the deceased plaintiff Crystal Stevens, on an appeal from an order of the Supreme Court, Kings County, dated August 5, 2003.

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 Barbara D. Stevens and Rhonda Stevens, as administrators of the estate of Crystal Stevens, are substituted for the deceased plaintiff Crystal Stevens, and the caption of the action has been amended accordingly.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20491

O/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2004-11252 Tabat, Cohen, Blum & Kramer, LLP, respondent, v James Garner, appellant. (Index No. 15738/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, dated November 3, 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 on condition that any funds that are received by the respondent as a result of enforcement of the judgment are deposited in an escrow account maintained by the respondent, pending hearing and determination of the appeal.

FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17331

S/sl

2004-08640 Aleksey Tsin, et al., appellants, v IJM Realty Corp., et al., respondents. (Index No. 28011/01)

ORDER ON APPLICATION

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 26, 2004.

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 appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20468

PL/sl

2004-05538 Lynette White, appellant, v Kings Village Corporation, et al., respondents. (Index No. 40765/01)

ORDER ON APPLICATION

Application by the respondent Kings Village Corporation pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated April 27, 2004.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until February 28, 2005, and the movant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20470

PL/sl

2004-05106 Donald Wisne, respondent, v Village of Larchmont, appellant, et al., defendants. (Index No. 18102/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated April 29, 2004.

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged, and the record and brief submitted to the clerk of this court are accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20478

F/

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-09918 In the Matter of Christopher Burton, appellant, v Glenn S. Goord, etc., respondent. (Docket No. 2210/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated October 4, 2004, as a poor person.

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., KRAUSMAN, GOLDSTEIN, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20498

M/nal

2004-05895 In the Matter of Karyn Katrina D. (Anonymous). Association to Benefit Children/ Variety House for Children, respondent; Kelty D. (Anonymous), a/k/a Cassie D. (Anonymous), appellant. (Docket No. B-22333/02)

SCHEDULING ORDER

Appeal by Kelty D., a/k/a Cassie D. from an order of the Family Court, Kings County, dated June 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 13, 2005. 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

Appellate Division: Second Judicial Department

M20500

M/nal

2004-08924 In the Matter of Alicia Beth Falk, respondent, v Mark Charles Owen, appellant. (Docket No. F-13086-03)

SCHEDULING ORDER

Appeal by Mark Charles Owen from an order of the Family Court, Westchester County, dated August 24, 2004. By decision and order on motion of this court dated January 11, 2005, the following attorney was assigned as counsel on the appeal:

Andrew W. Szczesniak, Esq.

202 Mamaroneck Avenue - Suite 300

White Plains, New York 10601

(914) 682-9282

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 transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated January 11, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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

M20501

M/nal

2004-03961 In the Matter of Joshua Halpern, respondent, v Frances Halpern, appellant. (Docket Nos. V-28306-02, V-28307-02)

SCHEDULING ORDER

Appeal by Frances Halpern from an order of the Family Court, Kings County, dated April 19, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 11, 2005. 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

Appellate Division: Second Judicial Department

M20496

M/nal

2004-05371, 2004-05376 In the Matter of Porscha Monique J. (Anonymous). Administration for Children's Services, respondent; Jerome W. (Anonymous), appellant. (Docket No. B-20833/02)

SCHEDULING ORDER

Appeals by Jerome W. from two orders of the Family Court, Kings County, dated April 20, 2004, and May 10, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on January 13, 2005. 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

Appellate Division: Second Judicial Department

M20473

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-09247 In the Matter of Inelda Lopez, appellant, v Eliardy Lopez, respondent. (Docket No. O-03693-04)

DECISION & ORDER ON MOTION

Appeal by Inelda Lopez from an order of the Family Court, Queens County, dated September 20, 2004. By order to show cause dated December 21, 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 November 8, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).

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 November 8, 2004 (see 22 NYCRR 670.4[5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20504

M/nal

2004-03424 In the Matter of Zakrya M. (Anonymous). Administration for Children's Services, respondent; Vaneshia R. (Anonymous), appellant. (Docket No. N-15563/00)

SCHEDULING ORDER

Appeal by Vaneshia R. from an order of the Family Court, Queens County, dated March 19, 2004. The appellant's brief was filed in the office of the Clerk of this court 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 law guardian's time to serve and file a brief on the appeal is enlarged until February 15, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20505

M/nal

2004-08359 In the Matter of Elaine Maria, respondent, v Rovel Maria, appellant. (Index No. O-00084-03)

ORDER TO SHOW CAUSE

Appeal by Rovel Maria from an order of the Supreme Court, Queens County, dated June 8, 2004. By decision and order on motion of this court dated December 2, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before January 7, 2005. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before February 8, 2005; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20499

M/nal

2004-05382 In the Matter of Maegan Mc. (Anonymous). Nassau County Department of Social Services, respondent; Marguerite Mc. (Anonymous), et al., appellants. (Docket No. N-09067-03)

SCHEDULING ORDER

Appeal by Marguerite Mc. and Michael Mc. from an order of the Family Court, Nassau County, dated May 11, 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

M20511

O/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2004-01919 In the Matter of Mary P. (Anonymous). Rockland County Department of Social Services, respondent; LaToya P. (Anonymous), appellant. (Docket Nos. B-3030-03, B-3031-0, 3B-3021-03, B-3027-03)

DECISION & ORDER ON MOTION

Appeal by Latoya P. from an order of the Family Court, Rockland County, dated January 15, 2004. By order to show cause dated November 22, 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 September 14, 2004, which denied the appellant's motion for leave to prosecute the appeal as a poor person with leave to renew on or before November 3, 2004.

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 decision and order on motion dated September 14, 2004.

FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20503

M/nal

2004-01271 In the Matter of Stephen R. Penn, appellant, v Ingrid M. Penn, respondent. (Docket Nos. V-21834-03, V-21835-03)

SCHEDULING ORDER

Appeal by Stephen R. Penn from an order of the Family Court, Queens County, dated January 13, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 11, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the 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

M20487

S/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-11296 In the Matter of Carmen Rivera, petitioner, v Brian Wing, et al., respondents. (Index No. 15066/03)

DECISION & ORDER ON MOTION Application to Withdraw Appeal

Application by the petitioner to withdraw a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court, Suffolk County, dated September 19, 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 on the court's own motion so much of the decision and order on motion of this court dated December 27, 2004, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - December 2004 Calendar", as dismissed the above-entitled proceeding is recalled and vacated, and the proceeding is reinstated; and it is further,

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

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20433

M/nal

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-07304, 2004-07832 In the Matter of Deana Marie S. (Anonymous). Seaman's Society for Children and Families, respondent; Sabrina T. (Anonymous), appellant. In the Matter of Serena Briana Marie T. (Anonymous). Seaman's Society for Children and Families, respondent; Sabrina T. (Anonymous), appellant. (Docket Nos. B-10529/02, B-10530/02)

DECISION & ORDER ON MOTION

Appeals by Sabrina T. from two orders of the Family Court, Kings County, dated June 17, 2004, and July 1, 2004, respectively. By order to show cause dated November 4, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with a scheduling order dated September 17, 2004, issued pursuant to 22 NYCRR 670.4(a)(2). By decision and order on motion of this court dated December 1, 2004, that motion was denied and the appellant was granted leave to renew a motion for leave to prosecute the appeals as a poor person on or before January 3, 2005. The appellant has failed to do so.

On the court's own motion, it is

ORDERED that the appeals are dismissed, without costs or disbursements.

PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20451

R/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-09388 In the Matter of Angela Strand, respondent, v James Grant, appellant. (Docket Nos. V-18750-03, V-7557-04)

DECISION & ORDER ON MOTION

Appeal by James Grant from an order of the Family Court, Suffolk County, dated September 24, 2004. By order to show cause dated December 9, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated November 1, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).

On the court's own motion, and upon the papers 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 November 1, 2004 (see 22 NYCRR 670.4[a][5]).

PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20510

S/sl

2003-10846 In the Matter of Town of Huntington, petitioner, v New York State Board of Real Property Services, et al., respondents.

ORDER ON APPLICATION

Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief in a proceeding pursuant to RPTL 1218.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20509

O/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2002-06679, 2002-06682 In the Matter of Sanel V. (Anonymous). Administration for Children's Services, respondent; Sefija V. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-16135/00) In the Matter of Dilaela V. (Anonymous). Administration for Children's Services, respondent; Murdija V. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket No. N-6136/00)

DECISION & ORDER ON MOTION

Motion by the appellant Mudija V., inter alia, to resettle a decision and order of this court dated October 18, 2004, which determined appeals from two orders of disposition of the Family Court, Queens County, both dated June 24, 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.

PRUDENTI, P.J., ADAMS, GOLDSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20481

S/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2005-00147 In the Matter of Jennifer M. Walker, appellant, v Chameka Mitchell, et al., respondents. (Docket No. V-11368-04)

DECISION & ORDER ON MOTION

Appeal by Jennifer M. Walker from an order of the Family Court, Nassau County, dated December 9, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved by the order appealed from (see CPLR 5511).

PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20011

S/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

STEVEN W. FISHER, JJ.

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

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal From Order Denying Motion to Vacate Judgment

Motion by the defendant to consolidate an appeal from an order of the County Court, Suffolk County, dated October 21, 2004, which denied his motion to vacate a judgment of conviction against him, with an appeal from a judgment of the same court rendered August 6, 2001, and, in effect, for leave to prosecute the appeal from the order dated October 21, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the consolidated appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearing on the motion, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of the proceeding set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

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

Laura Solinger, Esq.,

P. O. Box 256

Cutchogue, New York, 11935

and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal from the order; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that on the court's own motion the appellant shall perfect the consolidated appeals 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 on or before until May 6, 2005; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal from the order is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

MDC

P.O. Box 329002

Brooklyn, New York 11232

Appellate Division: Second Judicial Department

M19884

K/sl

STEPHEN G. CRANE, J.

2004-09864 The People, etc., respondent, v James Argentina, appellant. (Ind. No. 371-00)

DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION

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 County Court, Suffolk County, dated October 21, 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 granted; the defendant is granted leave to appeal from the order of the County Court, Suffolk County, dated October 21, 2004, made in this case; and it is further,

CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,

ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.

STEPHEN G. CRANE

Associate Justice

Appellate Division: Second Judicial Department

M20475

PL/sl

2003-00273, 2003-01557 The People, etc., respondent, v John P. Daly, appellant. (Index No. 1561/01)

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 appeals from a judgment of the County Court, Nassau County, rendered January 6, 2003, and an amended sentence of the same court imposed February 6, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before February 21, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20494

O/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2002-00416 The People, etc., respondent, v Taron Jakeam Gibson, appellant. (Ind. No. 00416/02)

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, Orange County, rendered December 18, 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 January 31, 2005, and the respondent's brief must be served and filed on or before that date.

PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20486

F/

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2003-06987 The People, etc., respondent, v Ricky Hines, appellant. (Ind. No. 61156)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Nassau County, dated June 30, 2003, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

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

ORDERED that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the County Court, Nassau County, continues on appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

 ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that 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 the court (see 22 NYCRR 670.9 [d] [2] and by serving and filing his brief on the appeal is enlarged until March 15, 2005, and it is further,

ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., COZIER, RITTER, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20479

F/

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM MASTRO, JJ.

2001-00446 The People, etc., respondent, v Kajha Michaels, appellant. (Ind. No. 99-01591)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered November 14, 2000.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20245

F/

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2004-09057 The People, etc., respondent, v Thomas Smith, appellant. (Ind. No. 03-00470)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Rockland County, rendered September 28, 2004, as a poor person, and for the assignment of counsel, and separate motion by the Rockland County Public Defender to assign counsel other than the Public Defender.

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

ORDERED the motions are granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Matthew Tully, Esq.

3 Wembly Court

Albany, New York 12205

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

FLORIO, J.P., ADAMS, S. MILLER, and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5339

Clinton Corr. Fac.

P.O. Box 2002

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M20480

F/

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-10428 The People, etc., respondent, v Allan Sulayao, appellant. (Ind. No. 1838/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered November 22, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20482

F/

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2003-05832 The People, etc., respondent, v Denis Villela, appellant. (Ind. No. 584/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Nassau County, dated May 27, 2003, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.

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

ORDERED that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the County Court, Nassau County, continues on appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

 ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that 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 the court (see 22 NYCRR 670.9 [d] [2] and by serving and filing his brief on the appeal is enlarged until March 15, 2005, and it is further,

ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

PRUDENTI, P.J., COZIER, RITTER, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court