Appellate Division: Second Judicial Department

M21144

PL/nal

2004-05341 Joseph Acito, respondent, v Mary Jane Acito, appellant. (Index No. 19831/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Westchester County, dated May 10, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before February 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21183

CF/

2004-08958 Theodore Anderman, appellant, v Peter J. Wilk, et al., respondents. (Index No. 11069/01)

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M21182

CF/

2004-07519 Angel Burgos, et al., respondents, v Marcos Molina, appellant. (Index No. 27362/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 23, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M21171

E/nal

HOWARD MILLER, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2005-00284 Jaime Colon, respondent, v Schmid Installations, Ltd., et al., appellants-respondents, Laurie Burrier, respondent-appellant. (Index No. 17179/02)

DECISION & ORDER ON MOTION

Separate motions by the appellant-respondent Schmid Installations, Ltd., and the appellants-respondents Brett Roe, d/b/a Roe Fabricators and/or Continental Sign Service, and Roe Fabricators, Inc., on appeals and a cross appeal from an order of the Supreme Court, Kings County, dated December 16, 2004, to stay the trial in the above-entitled action pending hearing and determination of the appeals and cross appeal.

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

ORDERED that the motions are denied.

H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21149

PL/nal

2004-06870 Joseph Curatolo, respondent, v Rosario Curatolo, appellant. (Index No. 10630/98)

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 18, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 4, 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

M21211

S/nal

2004-05111 Michael Esperson, et al., appellants, v Vault, etc., et al., respondents. (Index No. 31179/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 24, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21210

S/nal

2004-03942 Arlene Friedman, et al., appellants, v Beth David Cemetery, et al., respondents. (Index No. 1545/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated March 16, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before February 9, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21208

S/nal

2004-03850 Samei Jamal, appellant-respondent, v Pravina V. Gohel, respondent-appellant. (Index No. 3062/00)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Dutchess County, dated March 18, 2004.

ORDERED that the application is granted and the respondent-appellant's time to file a brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until February 10, 2005, and the respondent-appellant's brief shall be filed on or before that date; and it is further,

ORDERED that the reply brief shall be served and filed on or before February 22, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21205

S/nal

2004-08325, 2004-11285 Linda Kornblum, respondent, v Michael Kornblum, appellant. (Index No. 19104/02)

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 appeals from an order and judgment (one paper) of the Supreme Court, Westchester County, dated September 21, 2004, and an order of the same court dated December 8, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 21, 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

M21131

PL/nal

2004-06931 Lillian Krieger, appellant, v Richard Cohan, et al., defendants, Howal Management Corporation, respondent. (Index No. 29370/03)

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, Kings County, dated July 2, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 22, 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

M21146

PL/nal

2004-07378 Ronald Kruss, etc., respondent, v Waterview Nursing Care Center, Inc., etc., appellant. (Index No. 1124/03)

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, Queens County, dated June 25, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 12, 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

M21136

PL/nal

2004-06267 Kyrstina Leha, et al., appellants, v Yonkers General Hospital, et al., respondents. (Index No. 17014/98)

ORDER ON APPLICATION

Application by the respondents Yonkers General Hospital, Christine Sosenko Porytko, Hema Santhanam, and Edgar Steven Caro, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Westchester County, dated August 5, 2003.

ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until March 18, 2005, and the movants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21185

CF/

2004-07822 Limited Store Planning, et al., appellants, v Keyspan Energy Corporation, et al., respondents. (Index No. 1214/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 19, 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

M21207

S/nal

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

ORDER ON APPLICATION

Application by the respondents Ted R. Niranjan and David Niranjan pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated March 31, 2004.

ORDERED that the application is granted and the movants' brief shall be served and filed on or before February 24, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21167

E/nal

HOWARD MILLER, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-05701, 2004-09632 Francis Meehan, Jr., et al., respondents-appellants, v Joseph Odierno, etc., appellant-respondent. (Index No. 25871/93)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on appeals and cross appeals from two orders of the Supreme Court, Suffolk County, dated May 27, 2004, and October 5, 2004, respectively, to stay the trial in the above-entitled action pending hearing and determination of the appeals and cross appeals.

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

ORDERED that the motion is denied.

H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21121

PL/nal

2004-08616 Abderrahmane Mjahdi, respondent, v Eamon Maguire, et al., appellants. (Index No. 46727/03)

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 September 10, 2004.

ORDERED that the application is denied as academic as the respondent timely served and filed his brief.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21124

PL/nal

2004-09094 Schiller Pantaleon, respondent, v Marlon Ogilivie, appellant, et al., defendants. (Index No. 13898/03)

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 September 10, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 18, 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

M21203

S/nal

2004-04607, 2004-08145, 2004-10128 Barbara Popelaski, respondent, v William Popelaski, appellant. (Index No. 200636/03)

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 appeals from two orders of the Supreme Court, Nassau County, dated May 12, 2004, and October 15, 2004, respectively, and an amended judgment of the same court entered August 10, 2004, and to enlarge the appellant's time to serve and file a reply brief.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 11, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the reply brief shall be served and filed on or before March 4, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21187

E/nal

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2004-06141 Public Administrator of Kings County, et al., plaintiffs-respondents, v Yeshiva of Central Queens, defendant-appellant, Atria Builders, LLC, etc., defendant third-party plaintiff second third-party plaintiff-appellant; Tyrone Masonry Construction, third-party defendant-appellant; Windsor Electrical Contracting, Inc., second third-party defendant-respondent. (Index No. 31109/01)

DECISION & ORDER ON MOTION

Separate motions by the appellants to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated June 22, 2004.

Upon the papers filed in support of the motions 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 appellants' time to perfect the appeals is enlarged until April 5, 2005, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

H. MILLER, J.P., SCHMIDT, ADAMS and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21200

E/nal

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2003-08529 Quality Investors, Ltd., et al., appellants, v Lloyd's London, England, etc., respondent. (Index No. 1368/03)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this court dated October 4, 2004, which determined an appeal from an order of the Supreme Court, Orange County, dated August 18, 2003.

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

ORDERED that the motion is denied.

FLORIO, J.P., MASTRO, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21151

PL/nal

2004-06700 Patricia Ramirez, respondent, v Robert A. Jacobs, et al., appellants, et al. defendants. (Index No. 7661/01)

ORDER ON APPLICATION

Application by the appellants, Robert A. Jacobs and Cosmetic Surgery of New York, P.C., 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, dated June 23, 2004.

ORDERED that the application is granted and the movants' time to perfect the appeal is enlarged until April 4, 2005, and the record or appendix on the appeal and the movants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21201

E/nal

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2004-08479 Willard Stillman, respondent, v Edward Kalikow, et al., appellants, et al., defendants. (Index No. 3874/02)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, dated September 21, 2004, for leave to reargue their motion to stay the trial in the above-entitled action pending hearing and determination of the appeal, which was determined by decision and order on motion dated January 5, 2005, and cross motion by the respondent to impose a sanction on the appellants and for an award of an attorney's fee and costs.

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

ORDERED that the motion and the cross motion are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21209

S/nal

2004-07199 Henry Sung, respondent, v Salvatore Romano, appellant, et al., defendant. (Index No. 12993/02)

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 July 7, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 28, 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

M21174

CF/

2005-00613 Sonya Thorpe, respondent, v Market Diners, Inc., et al., appellants. (Index No. 12964/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 17, 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

M21177

CF/

2004-08955 Julian Wager, et al., plaintiffs-appellants, v Brian Hainline, defendant-appellant, Vincent Leone, etc., et al., respondents, et al., defendants. (Index No. 28235/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal by the plaintiffs, Julian Wager and Elise Wager, from an order of the Supreme Court, Queens County, dated September 9, 2004.

Upon the stipulation of the parties, dated January 25, 2005, it is

ORDERED that the appeal by the plaintiffs, Julian Wager and Elise Wager, is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21145

R/nal

SONDRA MILLER, J.P.

DAVID S. RITTER

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2004-01365 Yerushalmi & Associates, LLP, respondent, v Westland Overseas Corp., et al., appellants. (Index No. 7363/03)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated January 16, 2004.

Upon the papers filed in support of the motion and the papers filed in response 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21000

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

DAVID S. RITTER

FRED T. SANTUCCI

DANIEL F. LUCIANO, JJ.

2004-09206 In the Matter of Laverne M. Cave, admitted as Laverne Marie Cave, an attorney and counselor-at-law. (Attorney Registration No. 1781004)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second and Eleventh Judicial Districts for an order: 1) suspending the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i), upon a finding that she is guilty of professional misconduct immediately threatening the public interest in that she has failed to submit a written response to a complaint of professional misconduct, and/or pursuant to 22 NYCRR 691.4(l)(1)(iii) in that there exists uncontroverted evidence of professional misconduct by the respondent's failure to comply with the registration requirements of Judiciary Law § 468-a and 22 NYCRR part 118; 2) authorizing it to institute and prosecute a disciplinary proceeding against the respondent based upon the petition dated October 12, 2004, annexed to the Grievance Committee's Order to Show Cause; 3) referring the issues raised to a Special Referee to hear and report; and 4) directing the respondent to submit a written answer to the petition.

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

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

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i)and (iii), the respondent Laverne M. Cave, admitted as Laverne Marie Cave, is immediately suspended from the practice of law in the State of New York, pending further order of the court; and it is further,

ORDERED that the respondent Laverne M. Cave, admitted as Laverne Marie Cave, shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Laverne M. Cave, admitted as Laverne Marie Cave, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law of its application or any advice in relation thereto, and (4) holding herself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that the Grievance Committee for the Second and Eleventh Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this court against Laverne M. Cave, admitted as Laverne Marie Cave, based on the petition dated October 12, 2004; and it is further,

ORDERED that Diana Maxfield Kearse, Chief Counsel to the Grievance Committee for the Second and Eleventh Judicial Districts, Renaissance Plaza, 335 Adams Street, Suite 2400, Brooklyn, N.Y. 11201-3745, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that within 20 days after service upon her of a copy of this decision and order on motion, the respondent shall serve an answer upon the petitioner and the Special Referee, and shall file the original answer in the office of the Clerk of this court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable George Friedman, a retired Justice of the Supreme Court, Bronx County, c/o Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, 150 East 42nd Street, New York, N.Y. 10017, as Special Referee to hear and report; and it is further,

ORDERED that if the respondent, Laverne M. Cave, admitted as Laverne Marie Cave, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f).

We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based upon her failure to submit a written response to a complaint of professional misconduct, and by her failure to comply with the registration requirements of Judiciary Law § 468-a and 22 NYCRR part 118.

Pursuant to section 691.4(c) of the Rules Governing the Conduct of Attorneys, the Grievance Committee initiated a sua sponte investigation based upon the respondent's failure to re-register for two periods, 2000-2001 and 2002-2003, with the Office of Court Administration (hereinafter OCA). By letter dated September 24, 2003, sent via regular mail to the respondent's home address at 399 Clermont Avenue, Brooklyn, N.Y. 11238, the Grievance Committee advised the respondent of the commencement of the investigation, directed her to re-register forthwith and to submit to the Grievance Committee proof of compliance. The Grievance Committee also directed the respondent to submit a written answer within 30 days explaining her alleged failure to re-register and advised her that an unexcused failure to respond to a complaint constitutes professional misconduct. The respondent failed to reply.

By letter dated January 2, 2004, sent via certified mail, return receipt requested, and by regular mail, the Grievance Committee directed the respondent to submit a written answer to the complaint within 10 days of her receipt of the letter. She was also warned that her continued failure to cooperate could result in her immediate suspension. The respondent failed to reply.

The copy of the Grievance Committee's January 2, 2004, letter sent via certified mail to the respondent was returned by the Post Office marked "unclaimed," but the copy sent via regular mail was not returned.

By letter dated March 9, 2004, sent via regular mail, the Grievance Committee again directed the respondent to re-register and provide a written answer to the complaint. The respondent failed to reply.

On or about June 24, 2004, the Grievance Committee confirmed with the U.S. Postal Service that the respondent regularly received mail at the address to which the Grievance Committee had directed its correspondence. The Department of Motor Vehicles records also listed that address for the respondent.

A fourth letter dated July 15, 2004, was hand delivered by the Grievance Committee to the respondent at her home address once more directing her to re-register with OCA and to provide a written answer by August 2, 2004, to the complaint. The respondent has failed to reply to the Grievance Committee's requests has failed to re-register with OCA.

The petition served upon the respondent contains two charges of professional misconduct: the first for failing to comply with legitimate demands of the Grievance Committee, and the second, for violating DR 1-102(A)(5)by failing to re-register with OCA and make payment of the designated fee.

Although personally served with the motion papers on October 25, 2004, the respondent submitted no response to the Grievance Committee's motion.

In view of the foregoing, the Grievance Committee's motion is granted, the respondent is immediately suspended from the practice of law, the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against her, and the respondent is directed to serve a written answer to the petition.

PRUDENTI, P.J., FLORIO, RITTER, SANTUCCI and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21040

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

DANIEL F. LUCIANO, JJ.

2002-06227 In the Matter of Richard H. Crowe, Jr., admitted as Richard Henderson Crowe, Jr., a suspended attorney. (Attorney Registration No. 3909686)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent, Richard H. Crowe, Jr., for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 19, 1969, under the name Richard Henderson Crowe, Jr. By decision and order on motion of this court dated October 18, 2002, the respondent was suspended from the practice of law, pursuant to Judiciary Law § 90(4)(f), upon his conviction of a serious crime, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against him, and the issues raised were referred to Margaret H. Tyre, Esq., as Special Referee to hear and report. By opinion and order of this court dated January 20, 2004, the findings of the Special Referee sustaining four charges of professional misconduct against the respondent were confirmed, and he was suspended from the practice of law for an additional period of one year.

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

ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney, including but not limited to his failure to timely file an affidavit of compliance with the court.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21042

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2003-01431 In the Matter of Frazier Davidson, a disbarred attorney. Grievance Committee for the Ninth Judicial District, petitioner; Frazier Davidson, respondent. (Attorney Registration No. 1723030)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an opinion and order of this court dated September 20, 2004, which disbarred him based on charges of commingling, conversion, engaging in conduct adversely reflecting on his fitness to practice law by failing to safeguard funds entrusted to him as a fiduciary, failing to appear and to diligently communicate with the court, aiding a client in the concealment of marital assets, and failure to cooperate and, upon reargument, vacating the disbarment and imposing a public censure. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on November 30, 1953.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21181

E/nal

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2005-00060 In the Matter of Clarence Norman, Jr., petitioner, v Charles J. Hynes, etc., et al., respondents.

DECISION & ORDER ON MOTION

Motion by the respondent Charles J. Hynes for a preference in the calendaring of a proceeding pursuant to CPLR article 78 in the nature of prohibition.

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, the proceeding will be placed on the calendar expeditiously.

H. MILLER, J.P., SCHMIDT, ADAMS and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21054

O/nal

GLORIA GOLDSTEIN, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-06416 In the Matter of Linda Recard, appellant, v Anthony Polite, respondent. (Docket No. V-03869/00)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated June 30, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.

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

ORDERED that the motion is denied, with leave to renew on or before February 24, 2005, upon proof of service of the motion upon the appellant, and upon the appellant submitting proper papers establishing that she is entitled to poor person relief and is interested in pursuing the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21212

S/nal

2004-05153 In the Matter of Lazer Silberstein, et al., appellants, v Steven Greenstein, et al., respondents. (Index No. 36895/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated April 27, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 8, 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

M21204

S/nal

2002-01572 The People, etc., respondent, v Lee Barcliff, appellant. (Ind. No. 10407/00)

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 a judgment of the Supreme Court, Kings County, rendered February 7, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 16, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court