Appellate Division: Second Judicial Department

M21311

CF/

2004-07133 Richard Arroyo, et al., respondents, v AJF Construction, Inc., appellant. (Index No. 4412/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated October 6, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M21322

S/mv

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-05860 Jose Antonio Barahona, respondent, v Trustees of Columbia University in the City of New York, appellant. (Index No. 24535/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 24, 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 denied.

SCHMIDT, J.P., SANTUCCI, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21326

E/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-05178 Bret Bashant, et al., appellants-respondents, v Mid-Westchester Realty Associates, LLC, et al., defendants third-party plaintiffs-respondents; H.E. Palmer Service Corp., third-party defendant-respondent-appellant. (Index No. 2280/00)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-respondents on an appeal and cross appeal from an order of the Supreme Court, Dutchess County, dated May 12, 2004, to strike stated portions of the brief of the appellants-respondents on the ground that it refers to matter dehors the record, to direct the appellants-respondents to supplement the record on appeal, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to strike stated portions of the brief of the appellants-respondents is denied; and it is further,

ORDERED that the branch of the motion which is to direct the appellants-respondents to supplement the record on appeal is denied as academic as a supplemental record has been served and filed; and it is further,

 ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the time of the defendants third-party plaintiffs-respondents to serve and file a brief is enlarged until March 9, 2005.

FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21294

C/mv

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-03162 Borovina & Marullo, PLLC, respondent, v Structured Assets Sales Group, LLC, appellant. (Index No. 17820/03)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Suffolk County, dated March 11, 2004.

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

ORDERED that the motion is denied.

FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21325

J/nal

2004-00850 Colin Campbell, appellant, v City of Glen Cove, respondent. (Index No. 4223/00)

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 the Supreme Court, Nassau County, dated November 3, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 14, 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

M21290

C/mv

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-00530 Chase Manhattan Bank, USA, N.A., etc., respondent, v Mohamed H. Menawi, appellant. (Index No. 4736/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings to enforce a judgment of the Supreme Court, Westchester County, dated July 20, 2004, pending the hearing and determination of an appeal from an order of the same court entered January 7, 2005.

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., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21340

J/nal

2004-06513 Franklin Feinberg, appellant, v Sheldon Feit, et al., respondents. (Index No. 15905/02)

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 an order of the Supreme Court, Nassau County, dated June 30, 2004.

ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court on February 4, 2005, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21281

Y/mv

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-11181 Gihon, LLC, respondent, v 501 Second Street, LLC, et al., appellants. (Index No. 13933/04)

DECISION & ORDER ON MOTION

Motion by the appellants for, inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 2, 2004.

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

ORDERED that the branch of the motion which is for a stay is granted and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 8, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 8, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21317

A/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-00655, 2005-00656 Conrad Green, respondent, v Louise Green, et al., appellants. (Index No. 10037/93)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order and judgment (one paper) of the Supreme Court, Queens County, dated August 7, 2004, pending hearing and determination of appeals from two orders of the same court dated December 17, 2004, and January 4, 2005, respectively.

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., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21309

CF/

2004-08748 Anthony C. Henslik, respondent, v Frito-Lay, Inc., et al., appellants. (Index No. 24778/02)

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 20, 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

M21314

CF/

2004-04807 Rafail Ibragimov, appellant, v New York City Transit Authority, et al., respondents. (Index No. 21605/02)

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 April 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

M21304

CF/

2004-09993 Walter C. Jacob, appellant, v Susan M. Jacob, et al., respondents. (Index No. 31877/99)

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 6, 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

M21303

CF/

2004-08883 Sheldon Komorsky, respondent, v 104-106 Delancey Realty, LLC, et al., appellants. (Index No. 14765/04)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M21310

CF/

2004-04845 Anthony Mackey, et al., respondents, v Larry Weinstein, et al., appellants. (Index No. 1207/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated May 18, 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

M21319

S/nal

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

DAVID S. RITTER

GLORIA GOLDSTEIN, JJ.

2003-09184 Stanislaw Majlinger, appellant, v Cassino Contracting Corp., et al., respondents (and other titles). (Index No. 12301/01)

DECISION & ORDER ON MOTION

Motion by the Attorney-General pursuant to Executive Law § 71 and CPLR 1012(b) for leave to intervene in an appeal from an order of the Supreme Court, Kings County, dated October 1, 2003, to remove the above-referenced appeal from this court's calendar of February 8, 2005, and to re-calendar the appeal.

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

ORDERED that the motion by the Attorney General for leave to intervene is granted; and it is further,

ORDERED that the Attorney-General shall serve and file a brief on or before February 14, 2005; and it is further,

ORDERED that the parties, if they be so advised, may file reply briefs to the Attorney-General's brief within 10 days after service upon them of the Attorney-General's brief; and it is further,

ORDERED that the above-referenced appeal is removed from this court's calendar of February 8, 2005, and the appeal shall be re-calendared once the Attorney-General's brief and any reply briefs are filed.

PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21301

CF/

2004-00800, 2004-00801 Solomon Mesholam, appellant, v Isabelle Helena Mesholam, respondent. (Index No. 21826/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant on appeals from a judgment of the Supreme Court, Nassau County, dated March 5, 2003, and an order of the same court dated July 21, 2003, to withdraw the appeal from the order dated July 21, 2003 (Appellate Division Docket No. 2004-00801).

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 July 21, 2003, pending under Appellate Division Docket No. 2004-00801 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21313

CF/

2004-04828 Allen Minsky, appellant-respondent, v Elrac, Inc., d/b/a Enterprise Rent-A-Car, et al., respondents-appellants. (Index No. 2317/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 20, 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

M21337

R/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-06299 Raymond Murray, appellant, v Carol Murray, respondent. (Index No. 3543/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Suffolk County, dated June 16, 2004, on the original papers, to waive the filing fee, 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 branch of the motion which is for leave to proceed on the original papers and to waive the filing fee is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until April 11, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21305

CF/

2004-09041 New York & Presbyterian Hospital, a/a/o Cesar Cacho, respondent, v New Hampshire Insurance Company, appellant. (Index No. 19008/03)

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 September 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

M21312

CF/

2004-08276 Owen Parris, respondent, v Trustees of Union Free School District Number 3, et al., defendants, Solar Electric Systems, Inc., appellant. (Index No. 14768/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester 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

M21349

L/

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-09761 Jerold Probst, appellant, v Yaakov Bender, respondent. (Index No. 7841/04)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 13, 2004.

Upon the stipulation of the attorneys for the respective parties, dated February 3, 2005, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21307

CF/

2004-08963 Guillermo Sanchez, et al., respondents, v Corporation of Seventh Day Adventists, appellant. (Index No. 10383/03)

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

M21299

CF/

2004-08820 Sylvester Saunds, appellant, v Estate of Ernest Johnson, et al., respondents. (Index No. 535/03)

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 September 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

M21350

L/

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2003-07025 Suga Development, LLC, appellant, v Town of Clarkstown, et al., respondents. (Index No. 2222/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Rockland County, dated July 23, 2003.

Upon the stipulation of the attorneys for the respective parties, dated February 1, 2005, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

SCHMIDT, J.P., SANTUCCI, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21306

CF/

2004-09461 Johnna M. Sullinger, appellant, v Thalle Construction Co., Inc., respondent. (Index No. 4922/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated September 30, 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

M21339

R/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-06068, 2004-09533, 2004-11252 Tabat, Cohen, Blum & Kramer, LLP, respondent, v James Garner, appellant. (Index No. 15738/01)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Nassau County, dated June 22, 2004 (Appellate Division Docket No. 2004-06068), and September 29, 2004 (Appellate Division Docket No. 2004-09533), respectively, and a judgment of the same court entered November 15, 2004 (Appellate Division Docket No. 2004-11252), respectively, and to enlarge the time to perfect the appeal from the order dated June 22, 2004.

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

ORDERED that 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]).

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated June 22, 2004, is granted; and it is further,

 ORDERED that the appellant's time to perfect that appeal is enlarged until March 25, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21300

CF/

2004-07805 Seymour Walker, et al., respondents, v 4900 Grand Avenue Realty, appellant. (Index No. 29192/01)

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

M21308

CF/

2004-09958 Chaim Zfatman, respondent, v Exxon Mobil Corporation, appellant. (Index No. 16891/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 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

M21329

R/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-06276, 2004-06277 In the Matter of Steven L. (Anonymous), appellant. (Docket No. D-35078-03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from two orders of the Family Court, Kings County, dated June 1, 2004, and July 9, 2004, respectively, to compel Court Reporter, Milagros Martinez, to transcribe certain minutes in the above-entitled proceeding.

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 subject transcripts have been transcribed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21346

R/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-08056, 2004-08154 In the Matter of Patrice Mc. (Anonymous), appellant. (Docket No. D-00013-04)

DECISION & ORDER ON MOTION

Appeals by Patrice Mc. from two orders of the Family Court, Nassau County, dated June 16, 2004, and August 17, 2004, respectively. By order to show cause dated December 21, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 29, 2004, issued pursuant to 22 NYCRR 670.4(a)(2). Motion by the appellant's assigned counsel to be relieved of the assignment to prosecute the appeal.

On the court's own motion, and no papers having been filed in response to the order to show cause, and 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 to dismiss the appeal is denied; and it is further,

ORDERED that the motion by the appellant's assigned counsel to be relieved of the assignment to prosecute the appeal is granted; and it is further,

ORDERED that on the court's own motion, 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 as abandoned, 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 March 2, 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.

FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21316

M/nal

HOWARD MILLER, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-00546 In the Matter of Katherine Oliphant, respondent, v Bryan Oliphant, appellant. (Docket No. F-10331/02)

SCHEDULING ORDER

Appeal by Bryan Oliphant from an order of the Family Court, Westchester County, dated December 9, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 3, 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 appeal is enlarged until February 18, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21315

M/nal

HOWARD MILLER, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-03049 In the Matter of Robert Rho, appellant, v Yisun Rho, respondent. (Docket No. V-01219/99)

SCHEDULING ORDER

Appeal by Robert Rho from an order of the Family Court, Queens County, dated March 8, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 17, 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 time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until February 22, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21332

R/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-00201 In the Matter of Mary Ann Salamone-Finchum, appellant, v Michael W. McDevitt, respondent. (Dockets No. V-2416-93, V-2267-99)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Suffolk County, entered December 6, 2004, pending hearing and determination of an appeal therefrom.

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., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M20931

F/

SONDRA MILLER, J.

2004-10875 The People, etc., plaintiff, v Cecil Brown, defendant. (Ind. No. 12086/92)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated October 19, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

SONDRA MILLER

Associate Justice

Appellate Division: Second Judicial Department

M21335

A/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

SONDRA MILLER

STEVEN W. FISHER, JJ.

2001-10009 The People, etc., respondent, v Anthony M. Correnti, appellant. (Ind. No. 211/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the County Court, Suffolk County, rendered September 21, 2001.

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 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 13, 2005; and it is further,

ORDERED that in the event that the appellant does not perfect the appeal on or before April 13, 2005, this court shall issue an order directing the appellant to show cause why the appeal should or should not be dismissed as abandoned.

H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21330

E/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-11161 The People, etc., respondent, v Wilfredo De La Hos, appellant. (Ind. No. 10736/94)

ORDER TO SHOW CAUSE

Motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Kings County, rendered December 10, 2004, for leave to prosecute the appeal from the purported judgment as a poor person, and for the assignment of counsel.

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

ORDERED that on the court's own motion, the appellant is ordered to show cause before this court, why an order should or should not be entered dismissing the appeal from the purported judgment on the ground that no appeal lies from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered February 27, 1995, to be brought to execution (see People v Crawford, 239 AD2d 515), by filing an affidavit on that issue with the Clerk of this court on or before March 10, 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 appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that the motion for poor person relief is held in abeyance in the interim.

FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21141

A/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO, JJ.

2004-08413 The People, etc., plaintiff, v Steven Dixon, defendant. (Ind. No. 01-00219)

DECISION & ORDER ON MOTION

Motion by the defendant, inter alia, to resettle a decision and order on motion of this court dated November 26, 2004, which denied his motion for an extension of time to take an appeal from an order of the County Court, Westchester County, entered July 16, 2004.

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

ORDERED that the motion is denied.

FLORIO, J.P., COZIER, KRAUSMAN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M20932

F/

SONDRA MILLER, J.

2004-10873 The People, etc., plaintiff, v William Figueroa, defendant. (Ind. No. 12706/89)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 25, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

SONDRA MILLER

Associate Justice

Appellate Division: Second Judicial Department

M21336

R/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2000-03919 The People, etc., respondent, v Richard Timmons, appellant. (Ind. No. 2220/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, rendered April 4, 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 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 15, 2005.

FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court