Appellate Division: Second Judicial Department

M20579

E/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2003-10170 Eliu Chape, et al., plaintiffs-respondents, v Isata, LLC, defendant-respondent, Cava Construction Co., Inc., appellant (and third party actions). (Appeal No. 1) 2003-11341 Eliu Chape, et al., plaintiffs, v Isata, LLC, defendant second third-party plaintiff-respondent, et al., defendant; Geal Tech Remodeling Corp., second third-party defendant-respondent; Utica First Insurance Company, second third-party defendant-appellant; (and another third party action). (Appeal No. 2) 2004-09386 Eliu Chape, et al., plaintiffs-respondents, v Isata, LLC, defendant-respondent; Cava Construction Co., defendant third-party plaintiff-respondent; Geal Tech Remodeling Corp., third-party defendant-respondent, Utica First Insurance Company, third-party defendant-appellant (and another third party action). (Appeal No. 3) (Index No. 26558/01)

DECISION & ORDER ON MOTION

Motion by Utica First Insurance Company on appeals from three orders of the Supreme Court, Queens County, dated September 29, 2003 (Appellant Division Docket No. 2003-10170), October 7, 2003 (Appellant Division Docket No. 2003-11341) and August 31, 2004 (Appellant Division Docket No. 2004-09386) respectively, to consolidate the appeal from the order dated October 29, 2003, with the appeal from the order dated August 31, 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 on the court's own motion, the appeals from the orders dated September 29, 2003, and October 29, 2003, are removed from this court's calendar of January 31, 2005; and it is further,

ORDERED that the motion is granted to the extent that the appeals from the orders dated October 29, 2003, and August 31, 2004, shall be calendared together, along with the appeal from the order dated September 29, 2003, and all three appeals shall be argued or submitted on the same day, and the motion is otherwise denied.

S. MILLER, J.P., RITTER, CRANE and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20541

Y/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-06249 Conserve Electric, Inc., respondent, v Tulger Contracting Corp., et al., appellants. (Index No. 5725/00)

DECISION & ORDER ON APPLICATION

Application by the appellants to enlarge the time to perfect an appeal from a decision of the Supreme Court, Queens County, dated May 21, 2004.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the application is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20554

J/sl

2004-06116 Maria Cox, et al., respondents, v Ivelisse A. Nunez, defendant, Lawrence Cox, appellant. (Index No. 26386/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated April 5, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 14, 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

M20548

S/sl

2004-03601 D.D.R. Realty Corp., et al., respondents, v Library Lane Associates, LLC, appellant. (Index No. 14837/00)

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 a judgment of the Supreme Court, Westchester County, dated April 2, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 31, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20538

C/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-11067, 2005-00430 Susan Levitsky Glatstein, respondent, v Sol Glatstein, appellant. (Index No. 17251/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated November 17, 2004, and to stay enforcement of stated portions of that order pending hearing and determination of that appeal and an appeal from an order of the same court entered December 2, 2004.

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 from the order dated November 17, 2004, is denied as unnecessary; and it is further,

ORDERED that on the court's own motion, the appeal from the order entered December 2, 2004, is dismissed, as that order is not appealable as of right or by permission (see CPLR 5701), and we decline to treat the notice of appeal from that order as an application pursuant to CPLR 5704; and it is further,

ORDERED that the branch of the motion which is for a stay is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20557

J/sl

2004-04114 H.L. & F.H. Realty Corporation, plaintiff- respondent, v Gulf Insurance Company, et al., appellants, Kreiner Company, Inc., et al., defendants-respondents. (Index No. 1599/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Orange County, dated March 24, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20474

PL/sl

2004-04814 Madeline Kaplan, etc., et al., appellants, v Port Authority of New York & New Jersey. (Index No. 30007/00)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 21, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20574

R/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-07327 Mason Builders of Orange County, Inc., respondent, v Walter Lambert, et al., appellants. (Index No. 5958-03)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Orange County, dated March 19, 2004, to strike the brief filed by Bloom & Bloom, P.C. on their behalf on the ground that it was filed without their consent and to enjoin the respondent from enforcing a judgment of the same court dated January 6, 2004, 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 strike the brief submitted by Bloom & Bloom, P.C. on behalf of the appellants is granted, and the brief filed by Bloom & Bloom, P.C., on behalf of the appellants is stricken, and on or before February 17, 2005, the appellants shall serve and file a replacement brief; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that on the court's own motion, the respondent's brief is stricken, and within 30 days after service upon it of the appellants' replacement brief, the respondent shall serve and file a replacement brief; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20547

S/sl

2004-04104 Jaqueline Matheus, et al., appellants, v Albert Weiss, et al., respondents. (Index No. 7432/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated April 1, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20543

E/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-00965 Christopher McAuley, respondent, v Purlie Trans Corp., et al., appellants. (Index No. 15742/01)

DECISION & ORDER ON MOTION

Motion by the appellants to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2004 Calendar", dated November 3, 2004, as dismissed an appeal from a judgment of the Supreme Court, Nassau County, dated December 30, 2003, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

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

ORDERED that so much of the decision and order on motion of this court dated November 3, 2004, as dismissed the instant appeal, is recalled and vacated; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until March 21, 2005, and the record on appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20545

C/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-00945 Jonathan Miranda, etc., et al., appellants, v New York City Housing Authority, et al., defendants, Mitchell Rubber Products, Inc., respondent. (Index No. 36586/01)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated January 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20550

S/sl

2004-07006 Andres Montes, etc., et al., appellants, v Joseph I. Rosenzweig, etc., et al., respondents. (Index No. 12187/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 12, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 28, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20546

E/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-09947 Jenise Narvaez, plaintiff, v Kwang W. Kim, defendant. (Index No. 1538/01)

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

Motion by the defendant for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Elventh Judicial Districts, dated May 4, 2004, which affirmed an order of the Civil Court of the City of New York, Kings County, entered February 3, 2003.

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20582

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2002-02013 Mark Seiden, respondent, v Gogick, Seiden, Byrne & O'Neill, LLP, appellant, et al., defendants. (Index No. 12948/99)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 11, 2002.

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 deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20549

S/sl

2004-06213 Ultra Flex Packaging Corp., appellant-respondent, v I. J. Litwak & Co., Inc., respondent-appellant. (Index No. 30502/98)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated June 14, 2004.

ORDERED that the application is granted and the respondent-appellant's time to serve and file its answering brief, including its points of argument on the cross appeal, is enlarged until February 15, 2005 (see 22 NYCRR 670.8[c][3]), and the respondent-appellant's brief shall be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20008

R/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-01607 Irene Wiener, respondent, v Walter Iwachiw, appellant. (Index No. 8277/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Suffolk County, entered December 4, 2000, inter alia, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal.

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

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal is granted; and it is further,

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

ORDERED that on the court's own motion, the respondent's time to serve and file her brief is enlarged until February 22, 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

Appellate Division: Second Judicial Department

M20580

R/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-03804 Felix Zafarani, etc., et al., plaintiffs, v Salton/Maxim Housewares, Inc., et al., defendants, Salton, Inc., defendant third-party plaintiff; Electrical & Electronics, Ltd., third-party defendant second third-party plaintiff-appellant, Ketaka Electric Co., Ltd., second third-party defendant-respondent, et al., second third-party defendant. (Index No. 37355/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated March 11, 2004, to enlarge the record on appeal to include certain documents attached as Exhibits A through E to its motion papers and application by the appellant to enlarge the time to serve and file a reply brief on the appeal.

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

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

ORDERED that the application is granted and the appellant's time to serve and file a reply brief is enlarged until February 1, 2005, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20539

Y/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-09816 Sabrije Zherka, respondent, v Ibrahim Zherka, appellant. (Index No. 17649/98)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, dated August 23, 2004, to stay, inter alia, all proceedings in an action entitled Zherka v Zherka, pending in the same court under Index Number 8834/04.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20571

R/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-09536, 2004-09537, 2004-09538 In the Matter of Irene Byrne, petitioner-respondent, v Deirdre Multari, appellant, et al., respondent. (Proceeding No. 1) (Docket Nos. V-0539-04, V-540-04) In the Matter of Deirdre Multari, appellant, v Irene Byrne, respondent. (Proceeding No. 2) (Docket No. V-642-04)

DECISION & ORDER ON MOTION

Appeals by Deirdre Multari from three orders of the Family Court, Westchester County, all dated September 30, 2004. By order to show cause dated December 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 appeals in the above-entitled proceedings 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[a][5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20576

E/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

DAVID S. RITTER

PETER B. SKELOS, JJ.

2004-01702 In the Matter of Congregation Bnai Solomon Zalman of Crown Heights, Inc., respondent, v Zev King, appellant. (Index No. 26210/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated January 22, 2004, which was determined by decision and order of this court dated December 6, 2004, and to stay, inter alia, his eviction from the subject premises.

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.

H. MILLER, J.P., SCHMIDT, RITTER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20578

C/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-10441 In the Matter of Cindy Holmes, respondent, v Keith B. Greene, appellant. (Docket No. F-2012/95)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Orange County, dated September 24, 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 thereto, it is

ORDERED that the motion is denied with leave to the appellant to renew, on or before February 25, 2005, upon the submission of proper papers establishing that he is entitled to poor person relief, including whether the appellant has an ownership interest in any real estate, and indicating that the appellant is interested in pursuing the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20453

R/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-07605, 2004-11081, 2004-11082 In the Matter of Josefa I. (Anonymous). Michael I. (Anonymous), petitioner-respondent; Walter I. (Anonymous), respondent-appellant. (Index No. 29496/02)

DECISION & ORDER ON MOTION

Motions by the appellant, in effect, inter alia, (1) to stay enforcement of an order and judgment (one paper) of the Supreme Court, Queens County, dated July 22, 2004, pending hearing and determination of an appeal therefrom, and (2) to stay enforcement of two orders of the same court dated December 17, 2004, and December 20, 2004, respectively, pending hearing and determination of appeals therefrom.

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

ORDERED that on the court's own motion, the appeal from the order and judgment (one paper) dated July 22, 2004 (Appellate Division Docket No. 2004-07605), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order and judgment (one paper) entered on the consent of the appealing party (see CPLR 5511); and it is further,

ORDERED that on the court's own motion, the appeal from the order dated December 20, 2004 (Appellate Division Docket No. 2004-11081), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order which does not decide a motion made on notice (see CPLR 5701[a][2]), and we decline to grant leave to appeal; and it further,

ORDERED that the motion which is, inter alia, to stay enforcement of the order and judgment (one paper) dated July 22, 2004, is denied as academic; and it is further,

ORDERED that the branch of the motion which is, among other things, to stay enforcement of the order dated December 20, 2004, is denied as academic, and that 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

M20540

E/sl

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-04735 In the Matter of Merscorp, Inc., et al., appellants-respondents, v Edward P. Romaine, etc., et al., respondents-appellants. (Index No. 9688/01)

DECISION & ORDER ON MOTION

Motion by South Brooklyn Legal Services, Legal Assistance Foundation of Chicago, and Jacksonville Area Legal Aid, Inc., for leave to file an amici curiae brief on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated May 12, 2004, and cross motion by the appellants-respondents for leave to file a reply brief to the amici curiae brief if the motion is granted.

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

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

ORDERED that the amici curiae brief must be served on the parties, and nine copies filed in this court on or before January 31, 2005; and it is further,

ORDERED that no oral argument by the amici curiae shall be permitted; and it is further,

ORDERED that the parties, if they be so advised, may file a reply brief to the amici curiae brief within 10 days after service upon them of the amici curiae brief; and it is further,

ORDERED that the cross motion is denied as unnecessary.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20551

C/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-05719 In the Matter of George J. Navarro, appellant, v Eleanor S. Navarro, respondent. (Docket No. F-10468/02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Family Court, Nassau County, dated May 12, 2004, to defend the appeal as a poor person and for the assignment of counsel, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is referred to the Clerk of this court for the issuance of a scheduling order pursuant to 22 NYCRR 670.4[a][2]; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20577

S/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2004-00689 In the Matter of Riverkeeper, Inc., appellant, v Planning Board of Town of Southeast, et al., respondents. (Appeal No. 1) (Index No. 7921/03) 2004-00703 In the Matter of Richard Feuerman, et al., appellants, v Planning Board of Town of Southeast, et al., respondents. (Appeal No. 2) (Index No. 7805/03) 2004-00713 In the Matter of Croton Watershed Clean Water Coalition, Inc., et al., appellants, v Planning Board of Town of Southeast, et al., respondents. (Appeal No. 3) (Index No. 7847/03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated January 5, 2005, in the above-entitled matter is amended by adding to the first decretal paragraph thereof, after the words "on file with this court" the following "or shall file a replacement brief which omits the following material".

COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20555

C/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-04645 In the Matter of Osdila Santiago, appellant, v Ismail Ibrahim, respondent. (Docket No. V-17218-98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve assigned counsel and for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated April 22, 2004.

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

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

ORDERED that on the court's own motion, the appellant pro se is granted leave to serve and file a supplemental brief on or before March 11, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20552

S/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2003-08419 The People, etc., respondent, v Pedro Heureaux, appellant. (Ind. No. 2900/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 22, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered July 24, 2003, to be furnished with a copy of the typewritten transcript of the proceedings, if any, and to be provided with other material, including copies of the Grand Jury minutes.

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

ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcripts of the proceedings, if any, is granted; and it is further,

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

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,

ORDERED that the motion is otherwise denied.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 R 4337

Riverview Corr. Fac.

Box 247

Ogdensburg, New York 13669

Appellate Division: Second Judicial Department

M20591

Y/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-04797 The People, etc., respondent, v Chang Soo Park, appellant. (Ind. No. 2959/02)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, rendered April 21, 2004, and cross motion by the appellant to enlarge time to perfect that appeal.

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

ORDERED that the cross motion is granted, and 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 April 25, 2005; and it is further,

ORDERED that the motion by the respondent to dismiss the appeal is denied as premature (see 22 NYCRR 670.8[f]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M20336

F/

DANIEL F. LUCIANO, J.

2004-07302 The People, etc., plaintiff, v Maurice Staton, defendant. (Ind. No. 3582/95)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated June 28, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

DANIEL F. LUCIANO

Associate Justice