APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8133

L/

2003-06830 Ashburton Development Corp., respondent, v M&M Construction, appellant, et al., defendants. (Index No. 17908/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated June 23, 2003.

Upon the stipulation of the parties, dated February 11, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8127

L/

2003 07461 Ashburton Development Corp., respondent, v M&M Construction Corp., appellant, et al., defendants. (Index No. 17908/02)

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 14, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8048

J/sl

2003-07468 Muharem Becovic, et al., plaintiffs-appellants, v Scorcia & Diana Associates, Inc., et al., defendants third-party plaintiffs-respondents, A&L Construction Corp., defendant third-party defendant-respondent; Colony Insurance Company, et al., third-party defendants-appellants. (Index Nos. 31234/01, 76372/02)

ORDER ON APPLICATION

Application by the respondent Scorcia & Diana Associates, Inc., 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 9, 2003.

ORDERED that the application is granted and the time of the respondent Scorcia & Diana Associates, Inc., to serve and file a brief is enlarged until March 12, 2004, and that respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8129

L/

2003-09977 Kenneth A. Bloom, et al., respondents-appellants, v Jaysons Construction & Interiors, Inc., et al., appellants-respondents. (Index No. 5767/01)

ORDER ON APPLICATION Application to Withdraw Appeal and Cross Appeal

Applications by the appellants-respondents and respondents-appellants to withdraw an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated September 25, 2003.

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

ORDERED that the applications are granted and the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8121

L/

2003-07367 Blair Carney, respondent, v General Growth Management, Inc., respondent-appellant, Positive Productions, Inc., appellant-respondent. (and a third-party action) (Index No. 30738/98 )

ORDER ON APPLICATION Application to Withdraw Cross Appeal

Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Nassau County, dated July 2, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8114

S/sl

2003-03534, 2003-03536 Diana Coleman, etc., et al., respondents, v County of Nassau, et al., appellants. (Index No. 30380/97)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Nassau County, dated December 20, 2002, and March 8, 2003, respectively.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 31, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8090

Y/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-10825 Robert Colon, appellant, v Joseph Saltzman, et al., respondents. (Index No. 22309/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 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.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8119

L/

2003-08997 Commerce Bank, N.A., appellant, v Manhattan Brook Associates, et al., respondents. (Index No. 11684/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated September 2, 2003.

Upon the stipulation of the parties, dated February 10, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8093

L/

2003-09632 Concord Limousine, Inc., appellant, v Nora Orezzoli, et al., respondents, et al., defendants. (Index No. 19347/03)

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 August 26, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8046

A/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

HOWARD MILLER

BARRY A. COZIER, JJ.

2004-00834 Robert Costanza, plaintiff, v Skyline Towers 5 Johathan Woodner Co., et al., defendants third-party plaintiffs-respondents; P.S. Marcato Elevator Co., Inc., third-party defendant-appellant. (Index No. 15290/00)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of an order of the Supreme Court, Queens County, dated January 13, 2004, pending hearing and determination of an appeal therefrom.

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 enforcement of the order dated January 13, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 24, 2003; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 24, 2003, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8079

O/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-08067 Teresa Cynar, respondent, v U.S. Trust Corporation, appellant. (Index No. 14396/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings, including the trial, in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 13, 2003.

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 all proceedings, including the trial, in the above-entitled action are stayed pending hearing and determination of the appeal.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8116

L/

FRED T. SANTUCCI, J.P.

NANCY E. SMITH

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-05951 Washington Davalos, appellant, Application to Withdraw Appeal v City of New York, et al., respondents. (Index No. 19127/01)

DECISION & ORDER ON APPLICATION

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 16, 2003.

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

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

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

ENTER:

James Edward Pelzer

Clerk

February 23, 2004

DAVALOS v CITY OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8103

A/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-11016 Degree Security Systems, Inc., appellant, v F.A.B. Land Corp., respondent. (Index No. 29739/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated December 5, 2003, inter alia, for leave to reargue and renew a prior motion to stay enforcement of the order, which was determined by decision and order on motion of this court dated January 8, 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, with $100 costs.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8013

L/

2003-06612 Frances Dobin, etc., et al., respondents-appellants, v Town of Islip, et al., appellants-respondents, et al., defendants, Resource Recovery Systems of Nebraska, Inc., defendant third-party plaintiff appellant-respondent; Royer Industries, Inc., third-party defendant respondent- appellant, et al., third-party defendants. (Index No. 26755/93)

ORDER ON APPLICATION Application to Withdraw Cross Appeal

Application by the respondents-appellants to withdraw their cross appeal from an order of the Supreme Court, Suffolk County, dated June 17, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8089

L/

2002-10790 Hasa Erturk, plaintiff-respondent, v Metropolitan Life Insurance Company & Met Life Building, defendant third-party plaintiff-respondent-appellant, Cushman & Wakefield, Inc., defendant-respondent, et al., defendant; Solar Windows Tinting Services, third-party defendant-appellant-respondent. (Index No. 24480/98)

ORDER ON APPLICATION Application to Withdraw Appeal and Cross Appeal

Applications by the appellant-respondent and the respondent-appellant to withdraw an appeal and cross appeal from an order of the Supreme Court, Queens County, dated September 23, 2002.

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

ORDERED that the applications are granted and the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

February 23, 2004

ERTURK v METROPOLITAN LIFE INSURANCE COMPANY & MET

LIFE BUILDING

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8056

J/sl

2003-07233 Excalibur Restaurant & Tavern, Inc., appellant, v TLJ Poughkeepsie Motel Corp., et al., respondents. (Index No. 2377/03)

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, Dutchess County, dated July 22, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 19, 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

M8101

PL/sl

2003-05100, 2003-05101 Federal National Mortgage Association, respondent, v Nadia Youkelsone, et al., appellants. (Index No. 36834/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from (1) an order of the Supreme Court, Kings County, dated April 4, 2003, and (2) a judgment of the same court dated April 11, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until March 1, 2004, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8132

L/

2003-10483 God's Battalion of Prayer, Inc., a/k/a Battalion Pentecostal Assembly, et al., respondents, v Lucille Roswell, a/k/a Monica Bobb, et al., appellants. (Index No. 24032/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated September 8, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8036

A/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-04876, 2003-09387 J. Sackaris & Sons, Inc., respondent-appellant, v Terra Firma Construction Management & General Contracting, LLC, defendant third-party plaintiff- appellant-respondent, United States Fidelity and Guaranty Company, a/k/a St. Paul Fire and Marine Insurance Company, defendant-appellant-respondent, et al., defendants; Breger-Terjesen Associates, et al., third-party defendants-respondents. (Index No. 8884/99)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal from an order of the Supreme Court, Nassau County, entered April 18, 2003, to strike the brief of the appellant-respondent United States Fidelity and Guaranty Company, a/k/a St. Paul Fire and Marine Insurance Company on the ground that it raises issues not properly before this court, and to strike certain portions of the brief of the appellant-respondent Terra Firma Construction Management & General Contracting LLC, on the ground that it refers to matters dehors the record, and to enlarge its time to serve and file a brief, and cross motion by the appellant-respondent Terra Firma Construction Management & General Contracting LLC, to enlarge the record on appeal to include certain documents.

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 branch of the motion which is to strike the brief of the appellant-respondent United States Fidelity and Guaranty Company, a/k/a St. Paul Fire and Marine Insurance Company, is denied; and it is further,

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

ORDERED that on the court's own motion the following portion of the brief of the appellant-respondent Terra Firma Construction Management & General Contracting LLC, is stricken; the first full paragraph of page 36 beginning with the words "most notably," up to and including the words "Motion to Enlarge", and on or before March 8, 2004, the appellant-respondent Terra Firma Construction Management & General Contracting LLC shall either (1) delete the above material from the copies of its brief on file with the Clerk of this court, (2) serve and file a replacement brief that does not contain said material, or (3) replace page 36 of its brief with a page that does not refer to that material; and it is further,

ORDERED that the branch of the motion which is to strike portions of the brief of Terra Firma Construction Management & General Contracting LLC is denied as the movant has not identified which portions of the brief should be stricken; 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, and the time of the respondent-appellant to serve and a file an answering brief on the appeal, including its points of argument on its cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until April 8, 2004; and it is further,

ORDERED that the time of the appellants-respondents to serve and file a reply brief is enlarged until May 10, 2004; and it is further,

ORDERED that the time of the respondent-appellant to serve and file a reply brief is enlarged until May 25, 2004.

RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8084

S/sl

2002-07353 Thomas Karapati, appellant-respondent, v K.J. Rocchio, Inc., defendant third-party plaintiff respondent-appellant, Gerald Monter, et al., defendants respondents-appellants; C. M. Richey Electrical Contractors, Inc., third-party defendant-respondent. (Index No. 26549/99)

ORDER ON APPLICATION

Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal from an order of the Supreme Court, Suffolk County, dated June 24, 2002.

ORDERED that the application is granted and the respondents-appellants shall serve and file their respective answering briefs, including their points of argument on their cross appeals, on or before March 12, 2004 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8095

Y/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

HOWARD MILLER

BARRY A. COZIER, JJ.

2003-11344 Susan Knapp, et al., appellants, v Town of Philipstown Building Inspector, et al., respondents. (Index No. 803/03)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order and judgment (one paper) of the Supreme Court, Putnam County, dated November 14, 2003, 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.

ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8091

Y/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-00875 Anthony Magadino, et al., plaintiffs-respondents, v Dennis Quaranta, defendant-respondent, Gemelli's East, Inc., etc., defendant third-party plaintiff-respondent; A.M. Construction Services, Inc., third-party defendant-appellant. (Index No. 25803/98)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-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, dated January 22, 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.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8097

L/

2003-07712 Kennedy Marro, respondent, v TPK Construction Corp., et al., appellants. (and a third-party action) (Index No. 10947/97)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant City of New York to withdraw its appeal from an order of the Supreme Court, Kings County, dated June 30, 2003.

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

ORDERED that the application is granted and the appeal by the City of New York is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8124

L/

2003-05687 Gloria Martinez, et al., respondents-appellants, v County of Suffolk, et al., appellants-respondents, et al., defendants. (Index No. 4719/02)

ORDER ON APPLICATION Application to Withdraw Cross Appeal

Application by the appellants-respondents County of Suffolk, Suffolk County Department of Health Services, and Sarita Khanijo, to withdraw their appeal from an order of the Supreme Court, Suffolk County, dated May 19, 2003.

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

ORDERED that the application is granted and the appeal by the appellants- respondents County of Suffolk, Suffolk County Department of Health Services, and Sarita Khanijo, is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8094

L/

2003-07747 NMD Associates, respondent, v Multi-County Community Development Corporation, d/b/a Multi County Agency, appellant. (Index No. 3796/02)

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 August 5, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8096

L/

2003-10836 NMD Associates, respondent, v Multi-County Community Development Corporation, d/b/a Multi County Agency, appellant. (Index No. 3796/02)

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 November 13, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8064

O/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-07904 Grace Natuzzi, et al., appellants, v United States Fidelity & Guaranty Co., respondent. (Index No. 389/03)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered August 5, 2003.

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 appellants' time to perfect the appeal is enlarged until April 23, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8070

C/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-07695, 2003-09527, 2004-00005 Nong Yaw Trakansook, appellant, v 39 Wood Realty Corp., respondent, et al., defendants. (Index No. 24761/02) Astoria Federal Savings & Loan, appellant, v Nong Yaw Trakansook, a/k/a Nongyaw Trakansook, respondent, et al., defendants. (Index No. 19925/98)

DECISION & ORDER ON MOTION

Motion by Nong Yaw Trakansook, the appellant on appeals from two orders of the Supreme Court, Queens County, dated July 14, 2003 (Appellate Division Docket No. 2003-07695), and December 11, 2003 (Appellate Division Docket No. 2004-00005), and the respondent on an appeal from an order of the same court dated September 26, 2003 (Appellate Division Docket No. 2003-09527), to consolidate the appeal from the order dated December 11, 2003, with the appeals from the orders dated July 14, 2003, and September 26, 2003, and to enlarge the time to perfect 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 appeal from the order dated December 11, 2003, with the appeal from the order dated July 14, 2003, 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 branch of the motion which is to consolidate the appeal from the order dated December 11, 2003, with the appeal from the order dated September 26, 2003, is granted to the extent that the appeals shall be heard together, and shall be argued or submitted on the same day, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, and the appellant's time to perfect the appeals is enlarged until June 28, 2004, and the record or appendix on the appeals from the orders dated July 14, 2003, and December 11, 2003, respectively, and the appellant's brief on those appeals, and the record or appendix on the appeal from the order dated September 26, 2003, and the appellant's brief on that appeal, must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8038

PL/sl

2003-04145, 2003-09648 Yanibeth O'Ferral, etc., et al., appellants, v City of New York, et al., respondents. 2003-09646 Yanibeth O'Ferral, etc., et al., respondents, v City of New York, et al., appellants. (Index No. 8073/95)

ORDER ON APPLICATION

Application by the appellants on appeals from two orders of the Supreme Court, Kings County, dated February 4, 2002, and March 27, 2003 (Appellate Division Docket Nos. 2003-04145 and 2003-09648), and the respondents on an appeal from an order of the same court dated January 9, 2003 (Appellate Division Docket No. 2003-09646), pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on the appeals from the orders dated February 4, 2002, and March 27, 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

M8054

O/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-10898 Kenneth Pellegrino, appellant, v Lauren Terry, respondent. (Index No. 27789/02)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated November 12, 2003, to be relieved, for the assignment of new counsel to prosecute the appeal, and to grant the appellant leave to prosecute the appeal as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and assigned counsel is relieved from representing the appellant on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before March 15, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before April 15, 2004, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8128

L/

2003-09962 William P. Rafter, appellant, v Board of Cooperative Educational Services of Nassau County, respondent. (Index No. 13954/02)

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 August 20, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8131

L/

2003-07192 Toni Ann Scott, et al., respondents, v New York City Transit Authority, et al., appellants, et al., defendants. (Index No. 22447/99)

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 May 16, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8086

S/sl

2003-08637 Erik Siler, et al., respondents, v Lutheran Social Services of Metropolitan New York, appellant. (Index No. 6632/00)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated April 25, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 26, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8122

L/

2003-11417 St. Vincent's Hospital & Medical Center, et al., appellants, v Allstate Insurance Company, respondent. (Index No.8971/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 25, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8088

S/sl

2003-05979 Vacuum Instrument Corp., appellant, v EPM Company, et al., respondents. (Index No. 29645/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated June 13, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 31, 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

M8092

L/

2003-10352 Dorothy Williams, respondent-appellant, v Century 21, Inc., et al., respondents, Jacqueline Soley, appellant-respondent. (Index No. 1955/01)

ORDER ON APPLICATION Application to Withdraw Cross Appeal

Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Queens County, dated October 1, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8085

S/sl

2003-01032, 2003-01368 Esther York, appellant, v Joseph York, respondent. (Appeals No. 1 and 2) 2003-01369 Esther York, appellant, v Joseph York, defendant-respondent; William York, et al., nonparty-respondents. (Appeal No. 3) (Index No. 11853/98)

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 appeals from three orders of the Supreme Court, Queens County, dated November 15, 2002, January 6, 2003, and January 8, 2003, respectively.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 3, 2004, and the respondent's brief shall be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8050

J/sl

2003-07380, 2003-07382 Andrzej Zdunczyk, appellant, v Raymond Ginther, defendant first third-party plaintiff-respondent, 1326 Apartments Corp., defendant second-third-party plaintiff-respondent; Taddeo Construction Corp., et al., first and second third-party defendants- respondents. (Index No. 27899/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated May 22, 2003, and June 17, 2003, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until March 19, 2004, and the record or appendix on the appeals 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

M7833

M/mv

2002-10113 In the Matter of Christina B. (Anonymous). Administration for Children's Services, et al., respondents; Connie M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Megan T. (Anonymous). Administration for Children's Services, et al., respondents; Connie M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Victoria B. (Anonymous). Administration for Children's Services, et al., respondents; Connie M. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-14197-99/01)

SCHEDULING ORDER

Appeal by Connie M. from an order of the Family Court, Kings County, dated September 5, 2002. The appellant's brief was filed in the office of the Clerk of this court on February 9, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7803

M/mv

2003-07787 In the Matter of Beth Barsky, respondent, v J. Douglas Zona, appellant. (Docket Nos. V-5741-02, V-5742-02, V-5743-02, V-5744-02)

SCHEDULING ORDER

Appeal by J. Douglas Zona from an order of the Family Court, Westchester County, dated August 4, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until April 2, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8055

O/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-10462 In the Matter of Theresa Barton, appellant, v John Barton, respondent. (Docket No. F-05096/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated November 21, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,

ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).

SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7829

M/mv

2003-04937 In the Matter of Mary Jo Clarke, respondent, v Michael J. Clarke, appellant. (Docket No. F-2447-02)

SCHEDULING ORDER

Appeal by Michael J. Clarke from an order of the Family Court, Nassau County, dated April 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 9, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

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

M8052

C/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

HOWARD MILLER

BARRY A. COZIER, JJ.

2003-06603, 2003-06604 In the Matter of Janice Hall, a/k/a Janice Hall Reyes, deceased. David M. Reyes, etc., appellant; Arthur A. Reyes, et al., respondents. (File No. 60/01)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss appeals from (1) an order of the Surrogate's Court, Westchester County, dated June 13, 2003, and (2) a decree of the same court, also dated June 13, 2003, on the ground that the appellant is not aggrieved thereby, or, to delete Concetta Puglisi, Esq., from the caption as a respondent, and to enlarge the time to serve and file a brief. Separate motion by the appellant to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the appendix.

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

ORDERED that the branches of the respondents' motion which are to dismiss the appeals and delete Concetta Puglisi, Esq., from the caption as a respondent are denied without prejudice to the respondents raising the issues in their brief; 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 respondents' time to serve and file a brief is enlarged until March 23, 2004; and it is further,

ORDERED that the motion to waive certification of the appendix is granted.

ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8130

L/

2003-07940 In the Matter of Honness 52 Corporation, appellant, v Assessor of Town of Fishkill, et al., respondents. (Index No. 3285/98)

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 August 8, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7684

M/mv

2003-09520 In the Matter of Walter K. (Anonymous). Administration for Children's Services, respondent; Francine S. (Anonymous), appellant. (Docket No. NN-2440/02)

SCHEDULING ORDER

Appeal by Francine S. from an order of the Family Court, Richmond County, dated October 17, 2003. By decision and order on motion of this court dated January 27, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Edward E. Caesar, Esq.

26 Court Street - Suite 2401

Brooklyn, New York 11201

(718) 246-2712

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 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 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 the order of this court dated January 27, 2004, has been served upon the clerk of the court from which the appeal is taken, 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 shall not be dismissed.

ENTER:

James Edward Pelzer

Clerk

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

M7843

M/mv

2003-08261, 2003-08262 In the Matter of Oscar L. (Anonymous). Sheltering Arms Children's Services, petitioner- respondent; Laurentino L. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) (Docket No. B-435/00) In the Matter of Odalis L.-C. (Anonymous). Sheltering Arms Children's Services, petitioner- respondent; Laurentino L. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket No. B-436/00)

SCHEDULING ORDER

Appeals by Laurentino L. from two orders of the Family Court, Queens County, both dated August 14, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 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 within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

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

M7736

M/mv

2002-10576, 2003-03942 In the Matter of Margaret Mateer, appellant-respondent, v Peter Field, respondent-appellant. (Docket No. U-46-02)

SCHEDULING ORDER

Appeal and cross appeal from an order of the Family Court, Suffolk County, dated September 13, 2002, and separate appeal by Margaret Mateer from an order of the same court dated April 3, 2003. 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-appellant to serve and file a brief on the appeal is enlarged until March 19, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7739

M/mv

2003-08629 In the Matter of Kathleen Murphy, respondent, v Daniel Murphy, appellant. (Docket No. F-4791/02)

SCHEDULING ORDER

Appeal by Daniel Murphy from an order of the Family Court, Westchester County, dated October 1, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated December 31, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to comply therewith is enlarged until March 22, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7839

M/mv

2003-07865, 2003-07868 In the Matter of Robert F. Nappi, appellant, v Camille Asaro Nappi, respondent. (Docket No. F-02167-02)

SCHEDULING ORDER

Appeals by Robert F. Nappi from two orders of the Family Court, Queens County, dated March 25, 2003, and August 5, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on February 9, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

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

M7835

M/mv

2003-02514, 2003-02518 In the Matter of Brittany P. (Anonymous). Department of Social Services, petitioner- respondent; Tammy P. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Virginia P. (Anonymous). Department of Social Services, petitioner- respondent; Tammy P. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. N-472-01, N-473-01, N-472-02B, N-473-02B)

SCHEDULING ORDER

Appeals by Tammy P. from two orders of the Family Court, Nassau County, both dated February 13, 2003. 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/or the law guardian to serve and file their briefs on the appeal is enlarged until March 23, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8075

E/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-01381 In the Matter of PRM Claim Services, Inc., respondent, v Allstate Insurance Company, appellant. (Index No. 10571/02)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2003 Calendar", dated November 25, 2003, as dismissed an appeal from an order of the Supreme Court, Nassau County, dated December 4, 2002, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, 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 denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7693

M/mv

2003-04864 In the Matter of Mary Veronica R. (Anonymous). Suffolk County Department of Social Services, respondent; Yoan R. (Anonymous), appellant. (Docket No. N-1392-01)

SCHEDULING ORDER

Appeal by Yoan R. from an order of the Family Court, Suffolk County, dated May 6, 2003. The appellant's brief was filed in the office of the Clerk of this court on January 28, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

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

M8118

L/

2004-00619 In the Matter of William J. Rice, appellant, v Charmine Rice, respondent. (Docket No. V-16021-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated January 12, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7703

M/mv

2003-10401 In the Matter of Sabrina S. (Anonymous). Administration for Children's Services, appellant; Elena N. (Anonymous) et al., respondents. (Proceeding No. 1) (Docket No. N-20221/03) In the Matter of Adam S. (Anonymous). Administration for Children's Services, appellant; Elena N. (Anonymous) et al., respondents. (Proceeding No. 2) (Docket No. N-20222/03)

SCHEDULING ORDER

Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated November 25, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until April 30, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7678

M/mv

2003-09529 In the Matter of Jahmeiah S.-W. (Anonymous). Administration for Children's Services, respondent; Kera S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Naijuwan D. (Anonymous). Administration for Children's Services, respondent; Kera S. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-02915/02, N-02916/02)

SCHEDULING ORDER

Appeal by Kera S. from an order of the Family Court, Richmond County, dated October 2, 2003. By decision and order on motion of this court dated January 27, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Robert J. Marinelli, Esq.

50 Court Street #506

Brooklyn, New York 11201

(718) 624-9391

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 proceedings 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 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 the order of this court dated January 27, 2004, has been served upon the clerk of the court from which the appeal is taken, 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 shall not be dismissed.

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT M8076

E/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

HOWARD MILLER

BARRY A. COZIER, JJ.

2003-00809 In the Matter of Suffolk County Department of Social Services, etc., respondent, v Barbara Sass, appellant. (Docket No. F-3249/91)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, dated December 16, 2002, for leave to reargue that branch of her prior motion which was to waive the filing fee, which was determined by decision and order on motion of this court dated November 13, 2003, 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 reargument 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 the scheduling order of this court dated September 11, 2003, in the above-entitled proceeding 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 April 5, 2004.

ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8098

C/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

HOWARD MILLER

BARRY A. COZIER, JJ.

2003-09599 In the Matter of Suffolk County Department of Social Services, etc., respondent, v Barbara Sass, appellant; Michael Sass, nonparty-appellant. (Docket No. F-3249/91)

DECISION & ORDER ON MOTION

Motion by the appellant Barbara Sass for leave to prosecute an appeal from an order of the Family Court, Suffolk County, entered September 25, 2003, 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 the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,

ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).

ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8099

C/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

HOWARD MILLER

BARRY A. COZIER, JJ.

2003-09599 In the Matter of Suffolk County Department of Social Services, etc., respondent, v Barbara Sass, appellant; Michael Sass, nonparty-appellant. (Docket No. F-3249/91)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant Michael Sass for leave to prosecute an appeal from an order of the Family Court, Suffolk County, entered September 25, 2003, as a poor person, and for the assignment of counsel.

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 for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,

ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).

ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8126

L

2003-10846 In the Matter of Town of Huntington, petitioner, v New York State Board of Real Property Services, et al., respondents.

ORDER ON APPLICATION Withdraw Proceeding on Stipulation

Proceeding pursuant to Real Property Tax Law § 1218.

Upon the stipulation of the parties, dated February 5, 2004, it is

ORDERED that the proceeding is marked withdrawn only as against the respondent County of Nassau.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8100

A/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2001-09691 The People, etc., respondent, v John Ballinger, appellant. (Ind. No. 01-00358)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Orange County, rendered October 24, 2001.

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 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 29, 2004.

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8062

O/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-00273, 2003-01557 The People, etc., respondent, v John P. Daly, appellant. (Ind. No. 1561-01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from a judgment of the County Court, Nassau County, rendered January 6, 2003, and an amended sentence of the same court imposed February 6, 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 granted; and it is further,

ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until March 23, 2004; and it is further,

ORDERED that no further enlargements of time shall be granted.

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8058

O/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2002-09176 The People, etc., respondent, v Jose Delgadillo, appellant. (Ind. No. 01-01271)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered September 20, 2002.

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 it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before April 23, 2004.

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8109

F/

GLORIA GOLDSTEIN, J.

2004-00745 The People, etc., plaintiff, v Ayinde Fair, appellant, defendant. (Ind. No. 3485/98)

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 January 8, 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.

GLORIA GOLDSTEIN

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7228

M/mv

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2001-02773 The People, etc., respondent, v Jose Feliciano, appellant. (Ind. No. 00-00270)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the above-entitled appeal is dismissed as a duplicate of an appeal from a judgment of the Supreme Court, Westchester County, rendered December 13, 2000, under Indictment No. 00-00270, which was determined by decision and order of this court dated October 28, 2002, under Appellate Division Docket No. 2001-01069.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8060

O/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2000-07678 The People, etc., respondent, v Daniel Massaro, appellant. (Ind. No. 44/00)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Suffolk County, rendered August 7, 2000.

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 it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until March 23, 2004, and the respondent's brief must be served and filed on or before that date.

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8077

PL/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2002-02570, 2002-08447, 2003-00946 The People, etc., respondent, v Arcady Yakubova, appellant. (Ind. Nos. 4450/96, 20/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated January 26, 2004, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the appellant to relieve assigned counsel on appeals from two judgments of the Supreme Court, Queens County, both rendered February 28, 2002, to substitute retained counsel, for leave for retained counsel to file a supplemental brief, and to continue his status as a poor person. The appellant's motion to dispense with printing and for assignment of counsel was granted on October 24, 2003, and the following named attorney was assigned as counsel to prosecute the appeals:

Andrew C. Fine

The Legal Aid Society

c/o Cravath, Swaine & Moore

825 Eighth Street

New York, N.Y. 10019

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 granted; and said assigned counsel is directed to turn over all papers in the action to retained counsel:

Jerald Rosenthal, Esq.

439 Union Street

Hudson, N.Y. 12534

and it is further,

ORDERED that the appellant's poor person status is continued; and it is further,

ORDERED that the branch of the motion which is for leave for retained counsel to serve and file a supplemental brief is granted; retained counsel's time to serve and file a supplemental brief is enlarged until April 2, 2004; and it is further,

ORDERED that the respondent shall serve and file a supplemental respondent's brief on or before June 1, 2004.

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

ENTER:

James Edward Pelzer

Clerk