APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7328

A/cf

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-11152 Danita V. Cade, appellant, v New York Community Bank, etc., et al., respondents. (Index No. 22260/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated November 20, 2003, to stay enforcement of the order and to stay a foreclosure sale of the plaintiff's shares of stock in the subject cooperative apartment, 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 granted and enforcement of the order dated November 20, 2003, and the foreclosure sale, are stayed pending hearing and determination of the appeal on condition that on or before February 13, 2004, the appellant makes all payments, and posts an undertaking, as directed by a prior order of the Supreme Court, Queens County, dated August 8, 2003; and it is further,

ORDERED that in the event the appellant fails to make all such payments as directed by the order dated August 8, 2003, on or before February 13, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

RITTER, J.P., SANTUCCI, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7402

S/nl

2003-06748 Cathy Colon, etc., et al., respondents, v Wendi J. Diamond, et al., appellants, et al., defendant. (Index No. 28322/00)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered July 18, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 30, 2004, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7376

A/nl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-03198 Dyck O'Neal, Inc., etc., respondent, v Anthony J. Auditore, appellant. (Index No. 29925/96)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated January 28, 2003, 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 or relation thereto, it is

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted on condition that on or before April 7, 2004, the appellant shall obtain and settle the full trial transcript; the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 his brief on the appeal is enlarged until April 7, 2004.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7392

A/cf

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-09859 Theresa Elflein, et al., respondents, v Gem Woodstove Company, defendant, Kevin Morrison, appellant. (Index No. 10291/01)

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, Suffolk County, entered September 29, 2003.

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

ORDERED that the motion is denied.

RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7388

A/nl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2003-07810 Frank Hastie, et al., respondents, v Midway Nursing Home, defendant third-party plaintiff- appellant; Montgomery Kone, Inc., third-party defendant. (Index No. 11789/98)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Queens County, dated June 12, 2003, to strike the brief of the third-party defendant, on the ground that the third-party defendant is not a party to 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 the brief of the third-party defendant is stricken.

SANTUCCI, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7399

S/nl

2003-04702 ORDER ON APPLICATION John Langan, etc., et al., respondents, v St. Vincent's Hospital of New York, appellant. (Index No. 11618/02)

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated April 10, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before March 5, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7356

E/nl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ROBERT W. SCHMIDT, JJ.

2002-05784 Eversley Prescott, et al., respondents, v Kramer Chemicals, Inc., defendant third-party plaintiff- appellant; United Resin Corporation, third-party defendant-appellant. (Index No. 29647/85)

DECISION & ORDER ON MOTION

Separate motions by the defendant third-party plaintiff-appellant, Kramer Chemicals, Inc., and the third-party defendant-appellant, United Resin Corporation, on appeals from an order of the Supreme Court, Kings County, dated April 12, 2002, inter alia, to strike the respondents' brief on the ground that it contains or refers to matter dehors the record and to enlarge the time to serve and file their respective reply briefs.

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

ORDERED that the branches of the motions which are to strike the respondents' brief on the ground that it contains or refers to matter dehors the record are granted, the respondents' brief is stricken, and on or before March 4, 2004, the respondents shall serve and file a replacement brief that does not refer to the record on appeal that was filed with this court on an appeal under Appellate Division Docket No. 2001-08244; and it is further,

ORDERED that the branches of the motions which are to enlarge the time to serve and file the appellants' respective reply briefs are granted, the appellants' time to serve and file their respective reply briefs is enlarged to March 19, 2004, and the reply briefs shall be served and filed on or before that date; and it is further,

ORDERED that the motions are otherwise denied.

PRUDENTI, P.J., RITTER, SANTUCCI and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7401

S/nl

2003-05361 Judith Salgado, appellant, v Geraldine B. Ring, et al., respondents. (Index No. 15023/01)

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, Queens County, dated February 21, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 4, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7398

L/

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2001-05432 Angela Smith, etc., et al., plaintiffs-respondents, Application to Withdraw v HXR Realty & Construction Corp., defendant third-party plaintiff-respondent-appellant; Atlas Welding and Boiler Repair, Inc., et al., defendants third-party defendants-appellants-respondents. (and another third-part action) (Index No. 9880/97)

DECISION & ORDER ON APPLICATION Appeal

Separate applications by the appellants-respondents and respondent-appellant for leave to withdraw their respective appeals and cross appeal from an order of the Supreme Court, Kings County, dated April 16, 2001.

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

ORDERED that the applications are granted and the appeals and cross appeal are deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7386

A/nl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-10692 10 Holder Apartments Corporation, respondent, v Boris Loshak, et al., appellants. (and a related action) (Index Nos. 3120/03, 350261/03)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated August 29, 2003, inter alia, to vacate a preliminary injunction enjoining the appellants from proceeding with any further alterations or construction with respect to the subject apartment, and to direct the respondent to increase its undertaking from $50,000 to $250,000.

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

ORDERED that the motion is denied.

RITTER, J.P., SANTUCCI, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7351

A/nl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-06174 Zack Associates, Inc., etc., respondent, v Setauket Fire District, appellant. (Index No. 920/00)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated May 13, 2003, inter alia, to strike the appellant's reply brief on the ground that it refers to matter dehors the record, and cross motion by the appellant, inter alia, for leave to serve and file a replacement reply brief that does not refer to matter dehors the record.

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

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

ORDERED that the branch of the cross motion which is for leave to serve and file a replacement reply brief is granted; and it is further,

ORDERED that the appellant shall serve and file the replacement reply brief on or before February 13, 2004; and it is further,

ORDERED that cross motion is otherwise denied.

SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7337

E/cf

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-07015 In the Matter of Louis C. (Anonymous), appellant. (Docket No. E-10007-02)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of disposition of the Family Court, Queens County, dated July 15, 2003.

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

ORDERED that the motion is denied as academic as the respondent filed its brief on January 30, 2004.

FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7374

C/cf

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2002-03726 In the Matter of Elisa F. (Anonymous). Administration for Children's Services, respondent; Otis H. (Anonymous), appellant. (Docket No. N-10492/98A)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Kings County, dated March 20, 2002, on the ground that the appeal has been rendered academic.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.

ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7335

A/cf

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-11034 In the Matter of Rachael G. (Anonymous), etc., petitioner, v Radames G. (Anonymous), Jr., respondent. (Proceeding No. 1) (Docket No. O-18003/02) In the Matter of Davin G. (Anonymous). Administration for Children's Services, appellant; Radames G. (Anonymous), respondent. (Proceeding No. 2) (Docket No. N-1850/03) In the Matter of Daniel G. (Anonymous). Administration for Children's Services, appellant; Radames G. (Anonymous), respondent. (Proceeding No. 3) (Docket No. N-1851/03)

DECISION & ORDER ON MOTION

Motion by the Administration for Children's Services, the appellant in Proceedings Nos. 2 and 3, to stay enforcement of an order of the Family Court, Queens County, dated December 16, 2003, and to continue a prior order of the same court dated November 6, 2003, prohibiting contact between the mother and the respondent father and permitting only supervised visitation between the respondent father and the subject children in the discretion of the appellant, 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 granted, enforcement of the order dated December 16, 2003, is stayed pending hearing and determination of the appeal, and the order dated November 6, 2003, prohibiting contact between the mother and the respondent father and permitting only supervised visitation between the father and the subject children in the discretion of the appellant, is continued pending hearing and determination of the appeal, on condition that the appeal is perfected on or before March 3, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 3, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RITTER, J.P., SANTUCCI, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7358

A/nl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-06031 In the Matter of Raymond Anthony M. (Anonymous), Jr. Dutchess County Department of Social Services, respondent; Raymond M. (Anonymous), appellant. (Docket No. N-3202/02)

DECISION & ORDER ON MOTION

Appeal by Raymond M. from an order of the Family Court, Dutchess County, dated March 19, 2003. By order to show cause dated December 2, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a decision and order on motion of this court dated October 7, 2003.

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this court dated October 7, 2003 (see 22 NYCRR 670.4[a][5]).

ALTMAN, J.P., KRAUSMAN, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7355

A/nl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2000-02137, 2000-02138 In the Matter of Dishana R. (Anonymous). Orange County Department of Social Services, respondent; Nadine R. (Anonymous), appellant. (Docket No. N 97/99)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Family Court, Orange County, entered January 12, 2000, and January 26, 2000, respectively, for a reconstruction hearing with respect to the testimony of the appellant at the fact-finding hearing on January 11, 2000.

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

ORDERED that the motion is granted, and the matter is referred to the Family Court, Orange County, for a reconstruction hearing with respect to the testimony of the appellant at the fact-finding hearing before Judge Debra J. Kiedaisch on January 11, 2000; and it is further,

ORDERED that the stenographer of the Family Court is directed promptly to make, certify and file two typewritten transcripts of the stenographic minutes of the reconstruction hearing, once said hearing has been completed, and the Clerk of the Family Court shall furnish one of those certified transcripts to the appellant's counsel, without charge (cf. CPL 460.70; Family Ct Act 1121[7]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

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

SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7400

S/nl

2003-10846 ORDER ON APPLICATION In the Matter of Town of Huntington, petitioner, v New York State Board of Real Property Services, respondent.

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file an answer in a proceeding pursuant to CPLR article 78.

ORDERED that the application is granted and the respondent's time to serve and file an answer is enlarged until February 27, 2004, and the respondent's answer must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7357

A/nl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2002-05308 In the Matter of Nia V. (Anonymous). Eleanor V. (Anonymous), appellant; Angel Guardian Children & Family Services, et al., respondents. (Docket No. G-19141/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Kings County, dated May 20, 2002, for leave to reargue a prior motion for leave to prosecute the appeal as a poor person, and for the assignment of counsel, which was determined by decision and order on motion of this court dated November 12, 2003.

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

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

ORDERED that on the court's own motion, the scheduling order dated November 25, 2003, is amended to provide 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 the brief on the appeal is enlarged until March 23, 2004.

ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT M7397

A/nl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2003-10830 The People, etc., respondent, v Troy Headley, appellant. (Ind. No. 11348/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered October 1, 2003, as a poor person and for the assignment of counsel.

On the court's own motion, it is

ORDERED that the appellant show cause before this court, at the courthouse, located at 45 Monroe Place, Brooklyn, N.Y. 11201, on February 27, 2004, at 9:30 A.M., why an order should not be entered dismissing the appeal on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), and the appellant has not sought leave to file a late notice of appeal; 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 appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is held in abeyance in the interim.

ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer Clerk