APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8215

L/

2003-10697 A.E. Feldman Associates, Inc., appellant, v M. Fabrikant & Sons, Inc., defendant, Lazare Kaplan International, Inc., et al., respondents. (Index No. 2110/03)

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M8155

Y/sl

SONDRA MILLER, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-01514 Accessory World of Brooklyn, Inc., respondent, v Saul Kabasso, a/k/a Shaul Kabasso, et al., appellants. (Index No. 18612/99)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated December 24, 2002, for leave to serve and file a supplemental record containing the affidavit of Fred Swetsky, dated December 15, 2002, and accompanying exhibit, attached to the instant motion papers as Exhibit 3, and to enlarge the time to serve and file a brief. By decision and order on motion of this court dated November 13, 2003, the motion was held in abeyance, and the matter was remitted to the Supreme Court, Kings County, to hear and report on the issue of whether it considered the affidavit and accompanying exhibit in determining the motion that resulted in the order dated December 24, 2002.

Upon the papers filed in support of the motion, the papers filed in opposition thereto, and the report of the Supreme Court, Kings County, it is

ORDERED that the motion is granted, and on or before March 25, 2004, the respondent shall serve and file a supplemental record containing the affidavit of Fred Swetsky, dated December 15, 2002, and accompanying exhibit, attached to the instant motion papers as Exhibit 3; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until March 25, 2004, and the respondent's brief must be served and filed on or before that date.

S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7627

S/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

HOWARD MILLER, JJ.

1999-03283, 1999-08433 Ambulatory Surgery Center of Brooklyn, et al., respondents-appellants, v Helpers of God's Precious Infants, Inc., etc., et al., appellants-respondents, Thomas V. Dailey, etc., et al., respondents, et al., defendants. (Index Nos. 4517/92, 38131/97)

DECISION & ORDER ON MOTION

Motion by Edward Land to modify the decision and order on motion of this court dated December 21, 2000, by reducing the sanction imposed upon him to the sum of $1,000.

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

ORDERED that the motion is granted and the decision and order on motion of this court dated December 21, 2000, is modified by reducing the sanction imposed to the sum of $1,000; and it is further,

ORDERED that within 30 days after service upon him of a copy of this decision and order on motion, Edward Land is directed to pay a sanction in the sum of $1,000 to the Lawyers Fund for Client Protection (see 22 NYCRR 130-1.1[b]; 130-1.3); and it is further,

ORDERED that the Clerk of the Supreme Court, Kings County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail; and it is further,

ORDERED that within 10 days after payment of the sanction, Edward Land shall file proof of such payment with the Clerk of this court.

PRUDENTI, P.J., RITTER, SANTUCCI and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8176

L/

2003-08209 Fontaine Archer, respondent, v Merir J. Reinel, et al., defendants, Krishan D. Sandal, appellant. (Index No. 27740/01)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M8156

L/

2003-09833 Blue Ridge Insurance Company, appellant, v Jonathan Smith, respondent. (Index No. 10850/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, entered September 23, 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

M8178

L/

2003-07353, 2003-07356 Stephen Bush, respondent, v John Ljutich, et al., appellants. (Index No. 722/01, 1213/02)

ORDER ON APPLICATION Application to Withdraw Appeals

Application by the appellants to withdraw appeals from two orders of the Supreme Court, Dutchess County, dated July 18, 2003, and July 22, 2003, respectively.

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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8161

L/

2003-09472 C.K.M. Electrical of Westchester, Inc., plaintiff-respondent, v Somers Central School District, defendant third-party plaintiff-appellant, International Fidelity Insurance, defendant; JMOA Engineering, P.C., et al., third-party defendants-respondents. (Index No. 12935/00)

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 September 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 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8214

L/

2003-08910 Joseph J. Cappelletti, appellant, v Lori Ann Cappelletti, respondent. (Index No. 1440/01)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M8144

E/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2004-00996 Lyle Cogen, et al., respondents, v Robin Klinger Children's Entertainment, et al., appellants. (Index No. 5575/03)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated December 9, 2003, inter alia, to stay enforcement of a judgment of the same court dated February 6, 2004, pending hearing and determination of the appeal and to continue the undertaking previously filed with the Nassau County Treasure.

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

ORDERED that on the court's own motion, the notice of appeal from the order is deemed a premature notice of appeal from the judgment (see CPLR § 5520[c]); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the judgment is granted and all proceedings to enforce the judgment are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 24, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 24, 2004, 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 branch of the motion which is to continue the undertaking previously filed with the Nassau County Treasurer is granted; and it is further,

ORDERED that the motion is otherwise denied.

S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8160

L/

2003-09920 Nicholas Crocitto, appellant, v Victoria Crocitto, respondent. (Index No. 25692/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 3, 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

M8199

L/

2003-08864 James P. DeFranco, Jr., appellant, v James Lana, et al., respondents. (Index No. 6692/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Suffolk County, dated September 8, 2003.

Upon the stipulation of the parties, dated January 14, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7898

PL/sl

2003-06623 Jodi DiMaio, respondent, v Arthur Schatz, et al., appellants. (Index No. 23563/03)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 21, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8137

PL/sl

2003-06612 Frances Dobin, etc., et al., plaintiffs-respondents, 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 by the plaintiffs-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, Suffolk County, dated June 17, 2003.

ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until March 8, 2004, and the plaintiffs-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the appellants-respondents' time to serve and file a reply brief is enlarged until March 29, 2004, and the reply brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8143

E/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-10927 Adrienne Gilliam, respondent, v White Castle, appellant. (Index No. 9548/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from of an order of the Supreme Court, Kings County, dated November 19, 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 the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8210

L/

2003-09173 Laura Gordon, et al., respondents, v Antonia Alexiou, appellant. (Index No. 12166/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated September 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 appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8192

L/

2003-09436 Helena Greene, et al., appellants, v Hugh J. Sneedon, respondent. (Index No. 21502/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 10, 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

M8158

O/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-07769, 2004-00199 Cecilia Guerin, respondent, v North Shore University Hospital, et al., defendants, St. Francis Hospital Foundation, Inc., appellant. (Index No. 24830/98)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of appeals from two orders of the Supreme Court, Nassau County, entered July 23, 2003, and dated November 17, 2003, respectively.

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.

S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8163

L/

2003 09687 Elsie M. Hart, respondent, v Great Atlantic & Pacific Tea Company, Inc., appellant. (Index No. 3885/01)

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 October 24, 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

M8212

L/

2003-09459 Maria R. Hughes, respondent, v Stewart A. Muller, et al., appellants. (Index No.17281/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 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 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8201

L/

2003-06521 Ken Hyland, respondent, v Aztec Associates, appellant, et al., defendants. (and a third-party action) (Index No. 16996/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated June 18, 2003.

Upon the stipulation of the parties, dated January 15, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8174

L/

2003-06774 Herman Jiminez, respondent, v Leszek Wesolowski, appellant. (Index No. 50306/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 15, 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

M8187

L/

2003-10980 Christopher Johnson, appellant-respondent, v Freihofer Baking Company, Inc., respondent-appellant. (Index No. 1174/00)

ORDER ON APPLICATION Application to Withdraw Cross Appeal

Application by the respondent-appellant to withdraw its cross appeal from an order of the Supreme Court, Dutchess County, dated December 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

M8068

S/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

THOMAS A. ADAMS, JJ.

2003-02202, 2003-07797 James L. Kapsis, appellant, v Michael S. Peragine, et al., respondents. (Appeals No. 1 and 2) 2003-04991 James L. Kapsis, respondent, v Michael S. Peragine, et al., appellants. (Appeal No. 3) (Index No. 13623/02)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the defendants on appeals from three orders of the Supreme Court, Nassau County, dated January 29, 2003 (Appellate Division Docket No. 2003-02202), April 15, 2003 (Appellate Division Docket No. 2003-04991), and July 16, 2003 (Appellate Division Docket No. 2003-07797), to dismiss the plaintiffs' appeals from the orders dated January 29, 2003 and July 18, 2003.

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

ORDERED that the motion is granted and the appeals pending under Appellate Division Docket Nos. 2003-02202 and 2003-07797 are dismissed, without costs or disbursements (see Carmichael v General Elect. Co., 102 AD2d 838); and it is further,

 ORDERED that, on the court's own motion, the defendants' time to perfect their appeal from the order dated April 15, 2003 (Appellate Division Docket No. 2003-04991) is enlarged until March 23, 2004, and the record or appendix on appeal and the appellants' brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8195

L/

2003-09369 Koopersmith & Brown, LLP, respondent, v Sandra Suzan, appellant. (Index No. 17526/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated June 14, 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

M8165

L/

2003-07781 Daniel Kreiner, appellant, v Mather Memorial Hospital, et al., respondents. (Index No. 20899/99)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M8173

L/

2003-06876 Kevin Lau, respondent, v Xui Hui Zheng, et al., appellants. (Index No. 13310/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 22, 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

M8191

L/

2003-09407 Chester LeBaron, respondent, v DPL&B, LLC, appellant. (Index No. 3424/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Orange County, dated August 11, 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

M8167

M/mv

2003-01766, 2003-04208 Adrienne Marsh Lefkowitz, respondent- appellant, v Bergman, Horowitz & Reynolds, appellant-respondent. (Index Nos. 1213/95, 13477/02)

ORDER ON APPLICATION Application to Withdraw Appeal

ORDERED that the order on application dated September 2, 2003, in the above-entitled action is recalled and vacated and the following order on application is substituted therefor:

Application by the appellant-respondent to withdraw appeals from two orders of the Supreme Court, Westchester County, dated January 14, 2003, and April 25, 2003, respectively.

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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8164

L/

2003-07986 Maria Lopez, appellant, v Clarendon National Insurance Company, respondent. (Index No. 10602/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 7, 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

M8169

L/

2004-00169 Madison Equities, LLC, respondent-appellant, v MZ Management Corp., et al., appellants- respondents, et al., defendant. (Index No. 26969/01)

ORDER ON APPLICATION Application to Withdraw Cross Appeal

Application by the respondent-appellant to withdraw its cross appeal from an order of the Supreme Court, Suffolk County, dated December 22, 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

M8207

L/

2003-03874 Eric Manuel, et al., appellants, v City of New York, et al., respondents. (Index No. 9292/99)

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 March 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

M8153

Y/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

HOWARD MILLER

BARRY A. COZIER, JJ.

2003-05869 Modica Associates of N.Y. 122, LLC, appellant, v Town of Islip, respondent. (Index No. 28205/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to enlarge the record on an appeal from an order of the Supreme Court, Suffolk County, dated June 11, 2003, to include copies of the lease between the respondent and Karl V. Anton for the subject Ocean Avenue Dock, including the description of the premises and site plan, and the minutes of the June 5, 1984, resolution of the Town Board of the Town of Islip authorizing the subject lease.

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, on or before March 10, 2004, the appellant shall serve and filed a supplemental record containing copies of the lease between the respondent and Karl V. Anton for the subject Ocean Avenue Dock, including the description of the premises and site plan, and the minutes of the June 5, 1984, resolution of the Town Board of the Town of Islip.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8184

L/

2003-09248 Luz Montesinos, et al., respondents, v Attica Construction Corporation, appellant. (Index No. 27693/00)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M8185

S/sl

2003-08445 Rafael Moreno, et al., respondents, v Jian Ying Du, appellant. (Index No. 44629/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 20, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 17, 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

M8216

L/

2003-09481 Jennifer Nuccitelli, respondent, v Gertitrex Corporation, appellant. (Index No. 3168/03)

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 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 appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8157

L/

2004-00922 Mercy Powell, et al., respondents, v Xing Ni, appellant. (Index No. 5648/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 6, 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

M8179

S/sl

2003-08281 Marc Quezada, etc., et al., respondents, v Christopher P. O'Reilly-Green, etc., appellant, et al., defendants. (Index No. 721/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated August 7, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 7, 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

M8182

S/sl

2003-08069 Gregory Renna, et al., appellants, v Andrea Gullo, et al., respondents. (Index No. 048531/00)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 14, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 28, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8082

J/sl

2003-06052 Vivian Scarangella, etc., et al., respondents, v Anthony Laborde, a/k/a Abdul Majid, etc., appellant. (Index No. 3647/02)

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, Dutchess County, dated June 20, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until April 20, 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

M8170

C/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-03672 Frederick Schlosser, respondent, v Mary Anderson Schlosser, appellant. (Index No. 901/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated March 24, 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 appellant's time to perfect the appeal is enlarged until March 5, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8087

S/sl

2003-06393 Robert Schwartz, et al., respondents, v Taconic in the Berkshires, Inc., appellant. (Index No. 19708/00)

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, Westchester County, dated June 17, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 18, 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

M8180

S/sl

2003-07618 Evelyn Tomkins, etc., et al., respondents, v Rudy Armstrong, defendant, City of New York, appellant. (Index No. 27957/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 21, 2003.

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

M8146

J/sl

2003-06796 Deanna M. Walsh, respondent, v Town of Brookhaven, appellant. (Index No. 27179/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated July 7, 2003.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8172

L/

2003-09581 Westchester Medical Center, a/a/oAntonio Lopez, et al., respondents, v Kemper Auto & Home Insurance Company, appellant. (Index No. 4208/03)

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 15, 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

M8147

E/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2004-00817 Edna White, appellant, v Avis Rent A Car, et al., respondents. (Index No. 2263/02)

DECISION & ORDER ON MOTION

Motion by the appellant to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated December 3, 2003, on the ground that no appeal lies from an order denying a motion for leave to reargue.

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

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

S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8211

L/

2003-07897 Cruz Zacaula, appellant, v PL Apartment Corporation, et al., respondents. (Index No. 13728/01)

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 18, 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

M8152

Y/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2004-00272 In the Matter of Michael Anderson, respondent, v Idrissa Sparks, appellant. (Docket No. V-8864/03)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Westchester County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Westchester County, dated December 2, 2003, and to grant the appellant leave to prosecute the appeal as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court 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 16, 2003, 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 6, 2003, 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

M8151

Y/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-07617 In the Matter of Ricky D. (Anonymous). Administration for Children's Services, respondent; Marguerite D. (Anonymous), appellant. (Docket No. N-02000/95)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this court dated December 26, 2003, which dismissed an appeal from an order of the Family Court, Kings County, dated October 3, 2002, for failure to comply with a scheduling order dated September 5, 2003, 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.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8059

F/

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-08044 In the Matter of Diane H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 1) In the Matter of Missy H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No.2) In the Matter of Alexya H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 3) In the Matter of Jose H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 4) In the Matter of Matthew H. (Anonymous), Jr. Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 5) (Docket Nos. B-1344/03, B-1345/03, B-1346/03, B-1347/03, B-1348/03) In the Matter of John P. (Anonymous), et al., petitioners, v Administration for Children's Services, et al., respondents. (Proceeding No. 6) (Docket Nos. V-1049/03, V-1050/03, V-2130/03, V-2131/03, V-2132/03)

DECISION & ORDER ON MOTION

Renewed motion by the counsel assigned to represent the appellant Matthew H. in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to Matthew H. to prosecute an appeal from an order of the Family Court, Richmond County, dated August 22, 2003, and for leave to prosecute the appeal as a poor person.

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

ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant Matthew H. on the appeal; and it is further,

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal on behalf of Matthew H.:

Steven P. Forbes, Esq.

90-50 Parsons Blvd. #401

Jamaica, New York 11432

(718) 791-8444

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

 ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

SMITH, J.P., GOLDSTEIN, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7854

PL/sl

2003-06354 In the Matter of Richard Kramer, et al., appellants, v County of Nassau, respondent. (Index No. 3989/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated June 30, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 13, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8208

L/

2003-07783 In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Carol Distiso, respondent. (Index No. 9162/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 24, 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

M8073

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-08101 In the Matter of Sean S. O'Brien, appellant, v Norma Mera Camera, respondent. (Docket No. V-01006-03)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Orange County, dated August 6, 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 motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

 ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Kenneth Bunting, Esq.

125 Dobbs Ferry Road

White Plains, New York 10607

(914) 682-8837

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8162

L/

2003-06856 In the Matter of Arlene Parks, respondent, v James Parks, appellant. (Docket No. F-3293-01)

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 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 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8053

F/

FRED T. SANTUCCI, J.P.

GABRIEL. M. KRAUSMAN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-09097 In the Matter of Kristina R. (Anonymous). Administration for Children's Services, respondent; Margarita B. , et al., appellants. (Proceeding No. 1) In the Matter of Nelson R. (Anonymous). Administration for Children's Services, respondent; Margarita B., et al., appellants. (Proceeding No. 2) In the Matter of Gia Torres B. (Anonymous). Administration for Children's Services, respondent; Margarita B., et al., appellants. (Proceeding No. 3) (Docket Nos. N-13342-01, N-13343-01, N-13344-01)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant Margarita B. in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to Margarita B. to prosecute an appeal from an order of the Family Court, Kings County, dated September 16, 2003, and for leave to prosecute the appeal as a poor person.

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

ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant Margarita B. on the appeal; and it is further,

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal on behalf of Margarita B.:

Richard Cardinale, Esq.

26 Court Street #600

Brooklyn, New York 11242

(718) 624-9391

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8074

F/

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2001-07589 In the Matter of Jean-Joseph Roman, appellant, v Tamar Roman, respondent. (Docket No. F-87-01)

DECISION & ORDER ON MOTION

Renewed motion by the respondent pro se for leave to defend an appeal from an order of the Family Court, Westchester County, dated July 11, 2001, 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 motion is granted; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defend the appeal:

William E. Penny, Esq.

10 Forest Lane

Scarsdale, New York 10583

(914) 472-5664

and it is further,

 ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8072

E/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-07554, 2004-00688 In the Matter of Route 22 Associates, petitioner, v Zoning Board of Appeals of Town of Lewisboro, respondent. (Index No. 13112/02)

DECISION & ORDER ON MOTION

Motion by the petitioner on appeals from a judgment of the Supreme Court, Westchester County, entered July 16, 2003, and an order of the same court entered January 15, 2004, inter alia, for leave to appeal to this court from the order dated January 15, 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 on the court's own motion, the appeal from the judgment is dismissed, without costs or disbursements, on the ground that the judgment is superseded by the order; and it is further,

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that on the court's own motion the appeal purportedly taken as of right from the order is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b][1]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8168

O/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2004-00525 In the Matter of Schlomo S. (Anonymous), respondent. (Index No. 3409/81)

DECISION & ORDER ON MOTION

Motion by Schlomo S., inter alia, for leave to appeal to this court from an order of the Supreme Court, Richmond County, dated June 25, 2003.

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 appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8171

L/

2003-08674 In the Matter of Raul Vidal, respondent, v Dianna Salas, appellant. (Docket No. V-10888-03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M8149

E/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2002-07664, 2003-04328, 2003-04358, 2003-04359, 2003-04360, 2003-04361 The People, etc., respondent, v Navindra Arjun, appellant. (Ind. Nos. 2605/01, 526/02, 527/02, 574/02, 619/02, 2604/02)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from six judgments of the Supreme Court, Queens County, all rendered June 27, 2002, for leave to withdraw his brief on the appeal pending under Appellate Division Docket No. 2002-07664, and for leave to file a single excessive sentence motion pursuant to 22 NYCRR 670.12(c) on all six appeals.

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

ORDERED that the motion is granted, the appellant's brief previously filed on the appeal under Appellate Division Docket No. 2002-07664 is deemed withdrawn, and the respondent's brief is stricken; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged, assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8125

F/

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-06973 The People, etc., respondent, v Ronald Catti, appellant. (Ind. No. 1062/01)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered June 12, 2002, 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 motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Mitchell Dranow, Esq.

75 Main Street

Sea Cliff, New York 11579

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02 R 3267

Gouverneur Corr. Fac.

Box 480

Gouverneur, New York 13642

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8115

F/

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-00874 The People, etc., respondent, v Joe L. Collins, appellant. (Ind. No. 18135/03)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.30 to extend his time to take an appeal from an order of the County Court, Nassau County, dated October 30, 2003.

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

ORDERED that the motion is granted, and the appellant's time to take an appeal from the order is extended and the appellant's motion papers are deemed a timely notice of appeal from the order of the County Court, Nassau County, dated October 30, 2003.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8142

F/

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2002-01911 v Keith Davis, appellant. (Ind. No. 1883/01)

The People , etc., respondent, 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, Kings County, rendered February 27, 2002.

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

ORDERED that the motion is denied.

S. MILLER, J.P., LUCIANO, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 1520

Clinton Corr. Fac.

Box 2002

Dannemora, New York 12929

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8120

F/

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-08694 The People, etc., respondent, v Richard Dombroff, appellant. (Ind. No. 449-01)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered September 3, 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 motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk Co., - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 4961

Franklin Corr. Fac.

62 Bare Hill Road - Box 10

Malone, New York 12953

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8113

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-09617 The People, etc., respondent, v James Doyle, appellant. (Ind. No. 750/03)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered October 29, 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 motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Michael A. Fiechter, Esq.

114 Goldie Avenue

North Bellmore, New York 11710

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8112

F/

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-08138 The People, etc., respondent, v Starland Jean-Marie, appellant. (Ind. No. 3931/02)

DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes

Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Kings County, rendered August 14, 2003, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.

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

ORDERED that that branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

 ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the Trial Court is directed to reproduce a copy thereof for retained counsel; and it is further,

ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged.

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

ENTER:

James Edward Pelzer

Clerk

Attorney's Address:

James Layton Koenig, Esq.

Pollard & Koenig

26 Court Street - Room 601

Brooklyn, New York 11242

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8123

F/

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-05970 The People, etc., respondent, v Ezra Leslie, appellant. (Ind. No. 2111-01)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered June 12, 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 motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk Co., - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 3404

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8140

F/

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-00666 v Robert Logan, appellant. (Ind. No. 8403/01)

The People, etc., respondent, 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, Kings County, rendered January 7, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

S. MILLER, J.P., LUCIANO, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 0391

Attica Corr. Fac.

Box 149

Attica, New York 14011

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8141

F/

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2002-02612 v Thurman Manson, appellant. (Ind. No. 10229/00)

The People , etc., respondent, 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, Kings County, rendered March 18, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

S. MILLER, J.P., LUCIANO, ADAMS, and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 1926

Attica Corr. Fac.

Box 149

Attica, New York 14011

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8078

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

HOWARD MILLER

BARRY A. COZIER, JJ.

2004-00820 The People, etc., plaintiff, v Jared McQuillen, defendant. (Ind. No. 711-92)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Suffolk County, rendered October 28, 2003.

Upon the papers filed in support of the motion and the papers filed in relation 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

M8159

C/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2000-02458 The People, etc., respondent, v George Philips, appellant. (Ind. Nos. 3251/97, 3825/97)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 25, 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 to the extent that the appellant's time to serve and file a reply brief is enlarged until March 15, 2004, the appellant's reply brief must be served and filed on or before that date, and the motion is otherwise denied.

S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8080

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

HOWARD MILLER

BARRY A. COZIER, JJ.

2000-05796 The People, etc., respondent, v Mario Piambino, appellant. (Ind. No. 99-00710)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered May 31, 2000.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8102

A/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-10256 The People, etc., respondent, v Kim Ragland, appellant. (Ind. No. 02-00132)

DECISION & ORDER ON MOTION

Motion by the defendant, pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Rockland County, rendered April 1, 2003, for leave to prosecute the appeal on an abridged record pursuant to 22 NYCRR 732.1(b)(2), and to waive the filing fee.

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 to extend the time to take the appeal is granted; and it is further,

ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee is denied as unnecessary (see 22 NYCRR 670.22 [a][i]); and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8083

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

HOWARD MILLER

BARRY A. COZIER, JJ.

2000-06546 The People, etc., respondent, v Hayes Ross, appellant. (Ind. No. 99-01213)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered May 8, 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 the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7845

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2002-05288 v Errol Russell, appellant. (Ind. No. 10431/01)

The People , etc., respondent, 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, Queens County, rendered May 30, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 3573

Mohawk Corr. Fac.

Box 8451

Rome, New York 13442

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8150

Y/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-10551 The People, etc., plaintiff, v Karif Sheppard, defendant. (Ind. No. 2458/00)

DECISION & ORDER ON MOTION

Motion by the defendant pro se for leave to reargue his prior motion pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered September 20, 2000, for leave to prosecute the appeal as a poor person, and for the assignment of counsel, which was determined by decision and order on motion of this court dated January 12, 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 (see CPL 460.30[1]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8117

F/

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2001-11010, 2002-01443 The People, etc., respondent, v Tyrone Sutton, appellant. DECISION & ORDER ON MOTION (Ind. Nos. 223/01, 11472/01)

Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on appeals from two judgments of the Supreme Court, Kings County, both rendered November 30, 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 shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before April 23, 2004.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

01 A 6645

Attica Corr. Fac.

Box 149

Attica, New York 14011

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8012

F/

DANIEL F. LUCIANO, J.

2003-10070 The People, etc., plaintiff, v Jay Taylor, defendant. (Ind. No. 5799/96)

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 6, 2003, 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.

DANIEL F. LUCIANO

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8154

Y/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2000-08829 The People, etc., respondent, v Kevin Thurmond, appellant. (Ind. No. 8090/99)

DECISION & ORDER ON MOTION

Motion by the appellant to be furnished with a copy of the transcripts of the proceedings in the above-entitled case, on an appeal from a judgment of the Supreme Court, Kings County, rendered September 13, 2000, which was determined by decision and order of this court dated May 28, 2002.

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

ORDERED that the motion is denied.

S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8104

F/

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2000-09842 v Lawrence Weygant, appellant. (Ind. No. 99-00650)

The People , etc., respondent, 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 County Court, Orange County, rendered October 12, 2000.

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

Appellant's Address:

00 A 5440

Elmira Corr. Fac.

Box 500

Elmira, New York 14902

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M8081

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

HOWARD MILLER

BARRY A. COZIER, JJ.

2000-07571 The People, etc., respondent, v Ralph Williams, appellant. (Ind. No. 99-01353)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered June 12, 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 the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk