APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6932

CF/

2003-06768 Francine Baker, respondent, v New York City Housing Authority, et al., appellants. (Index No. 9126/95)

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 June 5, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6935

E/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2004-00097 Italo F. Bentley, respondent, v Guerlain, Inc., appellant. (Index No. 20146/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered December 18, 2003.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6934

CF/

2003-10397 Carlos E. Flores, respondent, v Barry Mirsky, appellant. (Index No. 17415/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 10, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6931

CF/

2003-04865 Rachel Hopstein, appellant, v Dominic Franco, respondent. (Index No. 16176/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 2, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6918

PL/sl

2003-03171, 2003-04531 Patricia Mickens, et al., appellants, v Anita Parnes LaSala, etc., et al., respondents. (Index No. 42057/00)

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 appeals from an order of the Supreme Court, Kings County, dated March 7, 2003, and a judgment of the same court, entered April 16, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 29, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6933

CF/

2003-10100 John Shanley, plaintiff-respondent, v City of New York, defendant-respondent, New York City School Construction Authority, etc., et al., appellants. (Index No. 16835/00)

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 October 17, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6936

Y/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-11010 UMT Services Corp., plaintiff, v Wank Brothers, defendant. (Index No. 47292/03)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from a temporary restraining order contained in an order to show cause of the Supreme Court, Kings County, dated December 9, 2003, and to vacate the temporary restraining order pending the 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 for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6916

PL/sl

2003-08308, 2003-10408 Lamont Wilson, et al., respondents, v Galicia Contracting & Restoration Corp., et al., defendants, Safeway Steel Products, Inc., appellant. (Index No. 11878/00)

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 appeals from two orders of the Supreme Court, Kings County, dated June 18, 2003, and October 7, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 16, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6917

PL/sl

2003-04276 Windmill Housing Development Fund Company, Inc., respondent, v Leo Winchell, appellant. (Index No. 1301/01)

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 Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated April 14, 2003.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6856

M/mv

2004-00373 In the Matter of Stuart Ain, appellant, v Beverly Ain, respondent. (Docket No. F-10899/02)

SCHEDULING ORDER

Appeal by Stuart Ain from an order of the Family Court, Nassau County, dated December 4, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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 shall not be dismissed.

ENTER:

James Edward Pelzer

Clerk

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

M6915

PL/sl

2003-05415 In the Matter of Lawrence C. Downes, appellant, v Town of Southampton Zoning Board of Appeals, et al., respondents. (Index No. 3048/00)

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 May 20, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 13, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6929

L/

2003-04398 In the Matter of Dorothy Goodlatte, a/k/a Dorothy Goodlattle, deceased. Ivar W. Malmstorm, appellant; Emil Krahulik, respondent. (Index No. 25/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Suffolk County, dated April 7, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6930

L/

2003-06509 In the Matter of Dorothy Goodlatte, a/k/a Dorothy Goodlattle, deceased. Ivar W. Malmstorm, appellant; Emil Krahulik, respondent. (Index No. 25/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Suffolk County, dated July 11, 2002.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6928

S/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-06618 In the Matter of Garrett L. Mc. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Cindy N. (Anonymous), appellant; Robin M. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Adrienne M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Cindy N. (Anonymous), appellant; Robin M. (Anonymous), respondent. (Proceeding No. 2) In the Matter of Jiordan M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Cindy N. (Anonymous), appellant; Robin M. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. B-816-03, B-818-03 B-820-03, B-822-03, B-823-03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the order to show cause dated January 15, 2004, in the above-entitled matter is amended by deleting from the first decretal paragraph thereof the date "January 31, 2004," and substituting therefor the date "January 30, 2004".

SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6922

M/mv

2001-05906 In the Matter of Lucrecia Ortiz, appellant, v Gina Ortiz, respondent. (Docket No. V-21433-96)

SCHEDULING ORDER

Appeal by Lucrecia Ortiz from an order of the Family Court, Kings County, dated May 25, 2001. Pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), it is

ORDERED that the time of the respondent and/or the law guardian to serve and file their briefs on the appeal is enlarged until January 30, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6921

M/mv

2003-09665 In the Matter of Michael S. (Anonymous). Suffolk County Department of Social Services, respondent; Patrick S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Joseph S. (Anonymous). Suffolk County Department of Social Services, respondent; Patrick S. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Kristi Ann S. (Anonymous). Suffolk County Department of Social Services, respondent; Patrick S. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. NN-13233/03, NN-13234/03, NN-13235/03)

ORDER TO SHOW CAUSE

Appeal by Patrick S. from an order of the Family Court, Suffolk County, dated September 29, 2003. By scheduling order dated December 8, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. 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 proceedings for failure to comply with the scheduling order dated December 8, 2003, 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 13, 2004; 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6686

F/

DANIEL F. LUCIANO, J.

2003-09174 The People, etc., plaintiff, v Judith Clark, defendant. (Ind. No. 81-00285)

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 County Court, Rockland County, dated September 19, 2003, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6913

M/mv

DAVID S. RITTER, J.

2004-00393 The People, etc., respondent, v Joseph McDermott, appellant. (Ind. No. 03-00195)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Orange County, rendered January 15, 2004, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

Upon the papers filed in support of the motion and upon hearing the attorneys for the respective parties, it is

ORDERED that the motion is granted, execution of the judgment is stayed, and the defendant is released on his own recognizance; and it is further,

ORDERED that this stay shall terminate and be of no further effect 120 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal shall have been brought to argument or submitted to this court, or unless this court shall have extended this order; and it is further,

ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to begin the execution of sentence; and it is further,

ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken.

DAVID S. RITTER

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6889

F/

GLORIA GOLDSTEIN, J.

2003-11196 The People, etc., plaintiff, v Richard Pena, defendant. (Ind. No. 1454/93)

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 November 24, 2003, 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.

GLORIA GOLDSTEIN

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6919

K/sl

REINALDO E. RIVERA, J.

2003-11127 The People, etc., respondent, v Fernando Rincon, appellant. (Ind. No. 2888/02)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered December 15, 2003, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

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

ORDERED that the motion is denied.

REINALDO E. RIVERA

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6920

K/sl

GLORIA GOLDSTEIN, J.

2003-11287 The People, etc., respondent, v Ruben Villacreses, appellant. (Ind. No. 2345/02)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered December 19, 2003, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

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

ORDERED that the motion is denied.

GLORIA GOLDSTEIN

Associate Justice