Appellate Division: Second Judicial Department

M20772

CF/

2004-10274 Maria Alvear, et al., respondents, v Congregation Divrie Yoel Corp., appellant. (Index No. 29290/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 24, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M20782

PL/sl

2004-07505 Borovina & Marullo, PLLC, respondent, v Structured Assets Sales Group, LLC, appellant. (Index No. 17820/03)

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, Suffolk County, dated August 6, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 21, 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

M20794

Y/sl

GLORIA GOLDSTEIN, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-06173 Michael F. Carey, et al., respondents, v City of New York, et al., appellants. (Index No. 47712/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated May 3, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20800

CF/

2004-07596 Shu F. Chan, et al., respondents, v Eric B. Salmonson, etc., et al., appellants. (Index No. 15913/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 9, 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

M20780

CF/

2004-07428 Vijay Chhabra, appellant, v Anthony Colletti, respondent. (Index No. 4934/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 1, 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

M20774

CF/

2004-08986 Coastal Capital Corporation, etc., plaintiff- respondent, v John R. Vernillo, etc., et al., defendants, Omni Ventures Inc., nonparty- appellant. (Index No. 17430/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 10, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20792

CF/

2004-01760 John K. Crossman, et al., appellants, v John Zappia, et al., respondents. (Index No. 17236/02)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20807

S/sl

2004-03361 Anthony Damiani, et al., plaintiffs-respondents, v Federated Department Stores, Inc., defendant third-party plaintiff-respondent, Corporate Property Investors, defendant third-party plaintiff respondent-appellant; Dynamic Resources, Inc., defendant appellant-respondent; Levy Strauss & Co., Inc., defendant respondent-appellant, Hutton Electrical Contracting Corp., defendant-respondent; Gilman Construction Company, third-party defendant appellant-respondent. (Index No. 13553/97)

ORDER ON APPLICATION

Application by the appellant-respondent Gilman Construction Company pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve the joint record and its brief on the respondent Hutton Electrical Contracting Corp. on appeals and cross appeals from an order of the Supreme Court, Richmond County, dated March 16, 2004.

ORDERED that the application is granted and the movant's time to serve and file the joint record and its brief on the respondent Hutton Electrical Contracting Corp., is enlarged until February 4, 2005; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering briefs, including their points of argument on the cross appeals, on or before March 4, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondents shall serve and file their respective briefs on or before April 11, 2005; and it is further,

ORDERED that the appellants-respondents shall serve and file their reply briefs on or before May 16, 2005; and the respondents-appellants shall serve and file their reply briefs on or before May 31, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20805

S/sl

2004-03751 Duane Reade, respondent-appellant, v Block 247, LLC, appellant-respondent. (Index No. 13916/02)

ORDER ON APPLICATION

Application by the appellant-respondent 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, Richmond County, dated February 23, 2004.

ORDERED that the application is granted and the appellant-respondent's reply brief shall be served and filed on or before February 10, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20778

PL/sl

2004-05517 Excel Group, Inc., appellant, v New York City Transit Authority, respondent. (Index No. 43612/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated April 19, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 20, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20818

S/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-08856 Mandel Fogel, appellant, v Steve Sparaco Glass Company, respondent, et al., defendants. (Index No. 15336/03)

DECISION & ORDER ON MOTION

Appeal by Mandel Fogel from an order of the Supreme Court, Nassau County, dated July 19, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20809

S/sl

2004-10042 Gallante Properties, Inc., respondent, v State National Insurance Company, appellant, et al., defendants. (Index No. 7594/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated September 30, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 22, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20817

S/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-06778 Peter Hancock, respondent, v Barbara Hancock, appellant. (Index No. 15878/02)

DECISION & ORDER ON MOTION

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 June 24, 2004.

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

ORDERED that the appeal is dismissed, without cost or disbursements, as the order dated June 24, 2004, is not appealable as of right, and we decline to grant leave to appeal (see CPLR 5701); and it is further,

ORDERED that the application denied as academic.

FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20787

CF/

2004-07245 Yvonne Huesca, respondent, v New York City Fire Department, et al., appellants. (Index No. 318/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated June 15, 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

M20769

CF/

2004-08287 Integrated Circuit Systems, Inc., respondent, v Hauppauge Computer Work, Inc., et al., appellants. (Index No. 18616/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20812

S/sl

2003-11378 Mohani Jaikaran, appellant, v Abraham Marin, a/k/a Jack Marin, a/k/a Andrew Marin, respondent. (Index No. 22903/02)

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 a judgment of the Supreme Court, Kings County, dated November 13, 2003.

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

M20784

CF/

2004-05143 Robin Kaplan, respondent-appellant, v Timothy Downing, appellant-respondent. (Index No. 17445/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 26, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20810

S/sl

2004-06993 Bujar Kaziu, appellant, v Celluzziele, LLC, et al., respondents. (Index No. 35070/00)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 21, 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

M20819

S/nl

2004-10028 Peter Korn, et al., respondents-appellants, v Village of Westhampton Beach, appellant-respondent, Bank of New York, et al., respondents. (Appeal No. 1) 2004-11268 Peter Korn, et al., appellants-respondents, v Village of Westhampton Beach, respondent-appellant, Bank of New York, et al., respondents. (Appeal No. 2) (Index No. 14345/01)

ORDER ON APPLICATION Application to Withdraw Appeal and Cross Appeal

Application by the Village of Westhampton Beach to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 15, 2004, and to withdraw a cross appeal from a judgment of the same court dated December 15, 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 from the order dated September 15, 2004 (Appellate Division Docket No. 2004-10028), and the cross appeal from the judgment dated December 15, 2004 (Appellate Division Docket No. 2004-11268) are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20776

CF/

2004-06895 Melissa Lohman, respondent, v Jack Nedlin, appellant. (Index No. 8156/93)

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 July 16, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20806

S/sl

2004-02928 Henry Luksik, respondent, v 27 Prospect Park West Tenants Corp., appellant. (Index No. 8248/98)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated January 21, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 4, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20796

E/sl

GLORIA GOLDSTEIN, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-09546, 2005-00228 Raphael Marin, appellant, v Levin Properties, LP, et al., respondents. (Appeal No. 1) Raphael Marin, respondent, v Levin Properties, LP, et al., appellants. (Appeal No. 2) (Ind. No. 6124/02)

DECISION & ORDER ON MOTION

Motion by Levin Properties and Federal Realty Investment Trust to consolidate appeals from two orders of the Supreme Court, Kings County, dated September 30, 2004, and December 15, 2004, respectively, to stay the trial in the above-entitled action, and for a preference in the calendaring of the appeals.

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

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20786

PL/sl

2004-07941 Mayfair Ship Supplies, Inc., appellant, v Gordon Myers, et al., respondents, et al., defendant. (Index No. 10054/04)

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, Kings County, dated

July 27, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 9, 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

M20804

R/sl

GLORIA GOLDSTEIN, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-04742 Timothy B. Mohrmann, respondent, v Diane M. Lynch-Mohrmann, a/k/a Diane M. Lynch, appellant, et al., defendant. (Index No. 22638/96)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Suffolk County, dated March 31, 2004, on the original papers, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted; and 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 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 her brief on the appeal is enlarged until February 4, 2005; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief on the appeal, is enlarged until March 7, 2005, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20808

S/sl

2004-06077 NPR, LLC, respondent, v K.A.B.B., Inc., appellant. (Index No. 8392/01)

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, Orange County, dated June 18, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 10, 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

M20822

S/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2004-01934 Alexandr Naydis, respondent, v LA Transporation Corp., et al., appellants. (Index No. 48721/01)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated February 9, 2004, 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., ADAMS, GOLDSTEIN, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20694

S/sl

2004-06214 Jacqueline Pereira, et al., respondents, v New York City Transit Authority, appellant. (Index No. 16327/02)

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, Queens County, dated April 27, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 10, 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

M20781

CF/

2004-05923 Margaret M. Pollack, respondent, v Michael J. Pollack, appellant. (Index No. 20984/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 27, 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

M20783

CF/

2004-06752 June Quadagno, respondent, v Ronald Quadagno, appellant. (Index No. 5711/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Orange County, dated April 28, 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

M20779

CF/

2004-08988 Rand Consulting Group, Inc., plaintiff- respondent, v Roseann Iavarone, defendant third-party plaintiff-appellant; Schlissel, Ostrow, Karabatos, Poepplein, Cender & Fisher, PL, et al., third-party defendants-respondents. (Index No. 2697/04)

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 September 10, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20761

A/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-01963 Joffre Robalino, appellant, v Ketan Shevde, etc., et al., respondents. (Index No. 48642/96)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent Anesthesiology Associates of Boro Park, LLP, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 26, 2004, for failure to perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]; 670.10.1; 670.10.2), and for costs.

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 branches of the motion which are to dismiss the appeal and for costs are granted and the appeal is dismissed, with costs to the respondent Anesthesiology Associates of Boro Park, LLP; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20790

CF/

2004-07600 Beverly Schwartz, respondent, v Joseph J. Schwartz, appellant. (Index No. 18340/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 21, 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

M20727

M/nal

2005-00522 Dominick Servidio, appellant, v Tanya Linzalone Servidio, respondent. (Index No. 203472-02)

SCHEDULING ORDER

Appeal by Dominick Servidio from an order of the Supreme Court, Nassau County, dated December 6, 2004. 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,

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

(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20813

S/sl

2004-06433 Michael Sharp, plaintiff, v Linda Sharp, appellant; Kenneth J. Glassman, nonparty-respondent. (Index No. 27393/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered May 7, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 25, 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

M20793

A/sl

GLORIA GOLDSTEIN, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-08580 Salim Sheikh, appellant, v Amina Basheer, respondent. (Index No. 25884/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Queens County, dated September 28, 2004, to impose a sanction on the attorney for the respondent.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20797

CF/

2004-07408 Thomas Stulb, plaintiff-respondent, v Paar Development Company, Inc., et al., defendants-appellants (and third-party and fourth-party actions). (Index No. 4377/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Park East Construction to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 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 by Park East Construction is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20789

CF/

2004-06340 Lynne Travis, appellant, v Sidney H. Cuff, et al., respondents. (Index No. 13859/96)

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 May 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 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20811

S/sl

2004-07058 Marie Varveris, respondent, v Hermitage Insurance Company, appellant. (Index No. 1784/04)

ORDER ON APPLICATION

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20798

R/sl

GLORIA GOLDSTEIN, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-07591 Cecilia Whelan, respondent, v Port Authority of New York and New Jersey, appellant. (Index No. 27824/01)

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, Queens County, dated April 23, 2004.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20770

M/nal

2005-00669, 2005-00671 In the Matter of Joan Bavaro-Baldwin, respondent, v Paul Bavaro, appellant. (Docket No. F-04621-03)

SCHEDULING ORDER

Appeals by Paul Bavaro from two orders of the Family Court, Richmond County, both dated December 20, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled 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 proceedings to be transcribed for the appeals; or

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals 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 appeals; 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 appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20788

M/nal

2004-10147, 2004-10148, 2004-10149 In the Matter of Latifah C. (Anonymous). Administration for Children's Services, petitioner-respondent; Morris L. (Anonymous), appellant; et al., respondent. (Proceeding No. 1 ) In the Matter of Latisha L. (Anonymous). Administration for Children's Services, petitioner-respondent; Morris L. (Anonymous), appellant; et al., respondent. (Proceeding No. 2 ) In the Matter of Lyasia L. (Anonymous). Administration for Children's Services, petitioner-respondent; Morris L. (Anonymous), appellant; et al., respondent. (Proceeding No. 3 ) (Docket Nos. N-11550/03, N-11551/03, N-11552/03)

ORDER TO SHOW CAUSE

Appeals by Morris L. from three orders of the Family Court, Kings County, dated July 8, 2004, August 25, 2004, and September 30, 2004, respectively. By scheduling order dated November 26, 2004, 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 appeals; or

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

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

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals 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 appeals.

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 appeals in the above-entitled proceedings for failure to comply with the scheduling order dated November 26, 2004, 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 15, 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

M20732

M/nal

2005-00640, 2005-00642 In the Matter of Latisha C. (Anonymous). Forestdale, Inc., petitioner-respondent; Richard S. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Lateefia C. (Anonymous). Forestdale, Inc., petitioner-respondent; Richard S. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. B-15378/01, B-15379/01)

SCHEDULING ORDER

Appeals by Richard S. from two orders of the Family Court, Queens County, both dated December 2, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals 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 appeals; 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 appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20703

M/nal

2005-00403, 2005-00404 In the Matter of Michelle Castillo, respondent, v Juan Castillo, appellant. (Docket No. F-00180/00)

SCHEDULING ORDER

Appeals by Juan Castillo from two orders of the Family Court, Rockland County, dated September 7, 2004, and December 9, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled 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 proceedings to be transcribed for the appeals; or

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals 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 appeals; 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 appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20706

M/nal

2005-00418, 2004-00419 In the Matter of Robert D. (Anonymous), appellant. (Docket No. D-8075/04)

SCHEDULING ORDER

Appeals by Robert D. from two orders of the Family Court, Queens County, both dated July 15, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled 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 in the Family Court proceeding to be transcribed for the appeals; or

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20799

M/nal

2004-03997, 2004-04769 In the Matter of Eduardo D.-B. (Anonymous), appellant. (Docket No. D-336-04)

SCHEDULING ORDER

Appeals by Eduardo D.-B. from two orders of the Family Court, Orange County, both dated April 19, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 6, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until February 21, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20777

PL/sl

2004-05655 In the Matter of Harriet Dalin, et al., appellants, v County of Nassau, et al., respondents. (Index No. 400450/04)

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, Nassau County, dated May 11, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 25, 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

M20708

M/nal

2005-00440 In the Matter of Miosotis A. Feliz, respondent, v Julio C. Rojas, appellant. (Docket No. F-03536-02)

SCHEDULING ORDER

Appeal by Julio C. Rojas from an order of the Family Court, Westchester County, dated December 13, 2004. 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 proceedings 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 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

M20801

R/sl

GLORIA GOLDSTEIN, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-11454 In the Matter of Field Home-Holy Comforter, respondent-appellant, v Antonia Novello, etc., et al., appellants-respondents. (Appeal No. 1) 2004-03117 In the Matter of Field Home-Holy Comforter, respondent-appellant, v Antonia Novello, etc., et al., appellants-respondents, Wayne Osten, respondent-respondent. (Appeal No. 2) (Index No. 10232/99)

DECISION &ORDER ON MOTION

Motion by the respondent-appellant on appeals and cross appeals from a judgment of the Supreme Court, Westchester County, entered November 18, 2003 and an order of the same court dated March 1, 2004, to enlarge the time to serve and file a brief.

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-appellant's time to serve and file a brief is enlarged until February 8, 2005, and the respondent-appellant's brief, including its points of argument on the cross appeal (see 22 NYCRR670.8[c][3]), must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20773

M/nal

2005-00674 In the Matter of Judith Finell, respondent, v Steven Finell, appellant. (Docket No. F-06931-03)

SCHEDULING ORDER

Appeal by Steven Finell from an order of the Family Court, Westchester County, dated December 14, 2004. 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 in 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, the date thereof and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20699

M/nal

2005-00417 In the Matter of Andrea M. Gibbs, respondent, v Melvin Gibbs III, appellant. (Docket No. F-10664/93)

SCHEDULING ORDER

Appeal by Melvin Gibbs III from an order of the Family Court, Queens County, dated October 19, 2004. 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 proceedings 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 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

M20814

M/nal

GLORIA GOLDSTEIN, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-00276 In the Matter of Ajuwon H. (Anonymous). McMahon Services, respondent; Annmarie H. (Anonymous), appellant. (Docket No. B-24985-00)

SCHEDULING ORDER

Appeal by Annmarie H. from an order of the Family Court, Kings County, dated December 18, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 13, 2004, and the respondent's brief was served and filed on December 20, 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 14, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20795

O/sl

GLORIA GOLDSTEIN, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2005-00435 In the Matter of H.R. Neumann Associates, Inc., et al., respondents, v New Eagle, Inc., et al., appellants. (Index No. 21027/04)

DECISION & ORDER ON MOTION

Motion by the appellants to stay an eviction proceeding pending in the Civil Court, Kings County, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 13, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20775

M/nal

2005-00428 In the Matter of Jasmine Hall, petitioner-respondent, v Orange County Department of Social Services, respondent, Kevin Mays, appellant. (Docket Nos. V-02726-04, V-02727-04)

SCHEDULING ORDER

Appeal by Kevin Mays from an order of the Family Court, Orange County, dated December 16, 2004. 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 in 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, the date thereof and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20719

M/nal

2005-00647 In the Matter of Nicholas C. Hoffman, appellant, v Theresa Debello-Tehany, respondent. (Docket No. F-11361-03)

SCHEDULING ORDER

Appeal by Nicholas C. Hoffman from an order of the Family Court, Suffolk County, dated December 13, 2004. 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 in 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, the date thereof and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M20730

M/nal

2005-00609 In the Matter of Lori Hyman, respondent, v Paul Castagnini, appellant. (Docket Nos. V-17287-02, V-20398-02)

SCHEDULING ORDER

Appeal by Paul Castagnini from an order of the Family Court, Kings County, dated December 16, 2004. 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 proceedings 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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20700

M/nal

2005-00420 In the Matter of Eliza Iosilevich, appellant, v Mark Zauelin, respondent. (Docket No. O-16244-04)

SCHEDULING ORDER

Appeal by Eliza Iosilevich from an order of the Family Court, Queens County, dated December 15, 2004. 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 proceedings 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 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

M20767

M/nal

2004-10649 In the Matter of Ricardo M. Legazpy, appellant, v Jacqueline Ruggiero-Legazpy, respondent. (Docket Nos. V-04236-04, V-04237-04)

ORDER TO SHOW CAUSE

Appeal by Ricardo M. Legazpy from an order of the Family Court, Richmond County, dated October 19, 2004. By scheduling order dated December 10, 2004, 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 proceeding for failure to comply with the scheduling order dated December 10, 2004, 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 15, 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

M20729

M/nal

2005-00570 In the Matter of Ethan Albert M. (Anonymous). Catholic Home Bureau for Dependent Children, respondent; Maria M. (Anonymous), appellant. (Docket No. B-7505/00)

SCHEDULING ORDER

Appeal by Maria M. from an order of the Family Court, Queens County, dated October 29, 2004. 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 proceedings 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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20771

A/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-00162 In the Matter of Diane Marshall, respondent, v Tamiz Ahamed, et al., appellants. (Index No. 85243/02)

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

Motion by the appellants for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated December 8, 2004, which affirmed a judgment of the Civil Court of the City of New York, Kings County, entered June 24, 2003, and, inter alia, to stay the respondent or anyone acting upon her behalf from executing a warrant of eviction.

Upon the papers filed in support of the motion and the papers filed in opposition or relation 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20726

M/nal

2005-00308 In the Matter of Penelope J. Morris, respondent, v Biagi Ceesay, a/k/a Marie Biagi Ceesay, appellant. (Docket No. F-10685-04)

SCHEDULING ORDER

Appeal by Biagi Ceesay, a/k/a Marie Biagi Ceesay from an order of the Family Court, Westchester County, dated December 6, 2004. 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 in 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, the date thereof and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20717

M/nal

2005-00605 In the Matter of Vivian Musarra, respondent, v Robert Musarra, appellant. (Docket No. F-13158-03)

SCHEDULING ORDER

Appeal by Robert Musarra from an order of the Family Court, Nassau County, dated December 3, 2004. 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 in 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, the date thereof and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M20815

M/nal

2004-10157 In the Matter of Kelly Ochlan, appellant, v Raymond Ochlan, respondent. (Docket No. V-4736/03)

ORDER TO SHOW CAUSE

Appeal by Kelly Ochlan from an order of the Family Court, Richmond County, dated November 12, 2004. By scheduling order dated November 26, 2004, 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) 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 proceeding for failure to comply with the scheduling order dated November 26, 2004, 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 15, 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

M20816

S/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

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

ORDER TO SHOW CAUSE

Appeal by Anthony W. from an order of the Family Court, Orange County, dated June 4, 2004.

Now, on the court's own motion, 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 by Anthony W. in the above-entitled proceeding on the ground that the appeal by Anthony W. was untimely taken, 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 18, 2005; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20821

S/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

(Index No. 18104/04) In the Matter of Andrea Stewart-Cousins, appellant, v Carolee Sunderland, et al., respondents, Nicholas Spano, respondent-respondent. (Proceeding No. 2) (Index No. 18032/04)

2004-11251DECISION & ORDER ON MOTION In the Matter of Rosemarie Panio, etc., petitioner- appellant, v Carolee Sunderland, et al., respondents, Nicholas Spano, appellant, Andrea Stewart-Cousins, respondent-respondent. (Proceeding No. 1)

Motion by Rosemarie Panio on an appeal from an order of the Supreme Court, Westchester County, dated December 23, 2004, inter alia, to stay enforcement of the order pending hearing and determination of the appeal.

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

ORDERED that the motion is denied as academic in light of the determination of the appeal (see Matter of Panio v Sunderland, ______ AD3d _____ [2d Dept., Jan. 25, 2005]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20713

M/nal

2005-00568 In the Matter of Suzanne Parenzen, appellant, v Eugene Parenzen, respondent. (Docket Nos. F-330-99, F-331-99)

SCHEDULING ORDER

Appeal by Suzanne Parenzen from an order of the Family Court, Rockland County, dated December 29, 2004. 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 in 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, the date thereof and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M20820

PL/sl

2004-05077 In the Matter of Christopher Pierro, respondent, v Michael William O'Connor, et al., appellants. (Index No. 5035/03)

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 and judgment (one paper) of the Supreme Court, Westchester County, dated December 11, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 26, 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

M20724

M/nal

2005-00650 In the Matter of Dana Prible, appellant, v Robert Prible, respondent. (Docket No. F-2779-98)

SCHEDULING ORDER

Appeal by Dana Prible from an order of the Family Court, Suffolk County, dated December 17, 2004. 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 in 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, the date thereof and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M20768

A/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-04649 In the Matter of Charles Robert, appellant, v Thomas Litsky, etc., respondent. (Index No. 10252/03)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered May 11, 2004, for failure to timely perfect the same, and cross application by the appellant to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the cross application is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20785

M/nal

2004-10987, 2004-10989, 2004-10990 In the Matter of Jamal S. (Anonymous), appellant. (Docket Nos. D-1905-04, D-05372-02/03A)

SCHEDULING ORDER

Appeals by Jamal S. from three orders of the Family Court, Kings County, one dated June 21, 2004, and two dated August 13, 2004, respectively. By decision and order on motion of this court dated January 20, 2005, the following attorney was assigned as counsel on the appeals:

Karen Morth, Esq.

67 Wall Street - #5720 - 22nd Floor

New York, New York 10005-3101

(212) 804-5720

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

ORDERED that the appeals in the above-entitled 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 appeals; or

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated January 20, 2005, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.

Appellate Division: Second Judicial Department

M20731

M/nal

2005-00607 In the Matter of Thomas S. (Anonymous), appellant. (Docket No. D-06402/04)

SCHEDULING ORDER

Appeal by Thomas S. from an order of the Family Court, Kings County, dated December 22, 2004. 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 in 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, the date thereof and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M20718

M/nal

2005-00608 In the Matter of Barbara Spencer, appellant, v Michael Innis, respondent. (Docket No. U-19056/01)

SCHEDULING ORDER

Appeal by Barbara Spencer from an order of the Family Court, Kings County, dated December 21, 2004. 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 in 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, the date thereof and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M20791

CF/

2004-10270 In the Matter of State Farm Insurance Company, petitioner-respondent, v Jorge Ernesto Deleg, et al., respondents, Ace Indemnity Insurance Company, appellant. (Index No. 11580/04)

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 22, 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

M20803

F/

GLORIA GOLDSTEIN, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-11078 The People, etc., plaintiff, v Edward Roberts, defendant. (Ind. No. 7040/03)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered September 15, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M20802

F/

GLORIA GOLDSTEIN, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-11076 The People, etc., plaintiff, v Demark Small, defendant. (Ind. No. 7159/03)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered June 15, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court