Appellate Division: Second Judicial Department

M21864

A/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-10245, 2004-10246 Jeremy Acevedo, etc., et al., respondents, v Ibrahim Suhail, et al., defendants, Sears, Roebuck and Co., appellant. (Index No. 18682/01)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Westchester County, dated October 18, 2004, and October 26, 2004, 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 as unnecessary (see 22 NYCRR 670.7[c]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22140

L/

2004-08852 Jahkeeda Akbar, appellant, v Joseph Dorcean, respondent. (Index No. 4356/03)

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 September 14, 2004.

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ORDERED that the application is granted and the appeal is marked withdrawn.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

Appellate Division: Second Judicial Department

M22135

L/

2004-10451 Bankers Trust Company of California, N.A., respondent, v Aziz Ud-Din Bilal, appellant. (Index No. 11538/99)

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 October 19, 2004.

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ORDERED that the application is granted and the appeal is marked withdrawn.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

Appellate Division: Second Judicial Department

M22121

Y/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-03666 Dawn Bantum, respondent, v American Stock Exchange, LLC, et al., appellants, et al., respondents. (Index No. 23099/02)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 26, 2004.

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 appellants' time to perfect the appeals is enlarged until June 6, 2005, and the joint record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.

ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22149

S/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-10158 Jack Beaulieu, et al., respondents-appellants, v S.B.J. Associates, LLC, et al., defendants third-party plaintiffs-appellants-respondents, et al., defendants; McClean Contracting, Inc., third-party defendant-respondent-appellant. (Index No. 10230/01)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeals from an order of the Supreme Court, Suffolk County, dated October 29, 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., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22165

S/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-05847 Beverage Marketing USA, Inc., et al., appellants, v South Beach Beverage Company, Inc., et al., respondents. (Index No. 265-02)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Nassau County, dated April 5, 2004, to enlarge the record on appeal to include certain exhibits filed by the parties in the Supreme Court, Nassau County, or the United States District Court for the Southern District of New York, in related actions pending between the parties, to enlarge the time to serve and file a brief, and to enlarge the appellants' time to serve and file a reply brief.

Upon the papers filed in support of the motion and upon the stipulation of the parties, it is

ORDERED that the branch of the motion which is to enlarge the time to serve and file briefs is granted; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until April 1, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the reply brief, if any, shall be served and filed on or before April 20, 2005; and it is further,

ORDERED that the motion is otherwise denied.

COZIER, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22115

L/

2004-08468 CAB Associates, et al., appellants, v Elite Construction of New York, Inc., et al., respondents. (Index No. 15290/02)

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 August 18, 2004.

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 of the Court

Appellate Division: Second Judicial Department

M22151

C/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-01227 Columbus Construction Company, Inc., respondent, v Petrillo Builders Supply Corp., appellant, et al., defendants. (Index No. 12248/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, entered December 23, 2004, pending hearing and determination of an appeal therefrom, to permit discovery pending hearing and determination of the appeal, and for a preference in the calendering of the appeal.

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

ORDERED that the branch of the motion which is to stay enforcement of the order pending hearing and determination of the appeal is granted, and enforcement of the order entered December 23, 2004, is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before March 31, 2005; and it is further,

ORDERED that on the court's own motion, all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 31, 2005, the court, on its own motion, may vacate the above-referenced stays, 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 for a preference in the hearing and determination of the appeal is granted; the case shall be calendared when the appeal is fully perfected; and it is further,

ORDERED that the motion is otherwise denied.

COZIER, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22116

L/

2004-09837 Lurdes Correia, et al., appellants, v Eduardo Suarez, respondent. (Index No. 2039/03)

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 22, 2004.

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 of the Court

Appellate Division: Second Judicial Department

M22155

S/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2005-00803, 2005-01138 County of Westchester, respondent, v United Water of New Rochelle, Inc., appellant. (Index No. 18593/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of two orders of the Supreme Court, Westchester County, dated December 22, 2004, and January 12, 2005, respectively, pending hearing and determination of appeals 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.

SCHMIDT, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22153

S/sl

2004-08043 Mary Davies, respondent, v City of New York, defendant, Esther Kass, appellant. (Index No. 9368/03)

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, Queens County, dated August 9, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 4, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22141

L/

2004-08398 Vito Dragonetti, respondent, v Chase Manhattan Automotive Finance Corporation, defendant, Minichino A. Salvatore, appellant. (Index No. 28942/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated August 6, 2004.

Upon the stipulation of the parties, dated February 22, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22143

O/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-03048 Smithy E. Dunbar, appellant, v Lorraine E. Dunbar, respondent. (Index No. 26249/87)

DECISION & ORDER ON MOTION

Motion by the appellant to further enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated February 24, 2004, as amended March 1, 2004.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until March 9, 2005, 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 enlargements of time shall be granted.

KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22119

L/

2004-09830 Frederick Fuchs, et al., appellants, v James M. Torchia, et al., respondents. (Index No. 1179/02)

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 October 1, 2004.

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 of the Court

Appellate Division: Second Judicial Department

M22150

C/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-01608 Louis Galanos, plaintiff, v Suzanne Galanos, defendant. (Index No. 5337/04)

DECISION & ORDER ON MOTION

Motion by the defendant, inter alia, for leave to appeal to this court from an order of the Supreme Court, Dutchess County, dated January 28, 2005, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the motion is denied as academic, as the Supreme Court, Dutchess County, granted leave to appeal from the order and has stayed all proceedings in the above-entitled action pending hearing and determination of the appeal.

COZIER, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22103

C/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-03164 Gino Giorgini, respondent, v Jon Goldfield, a/k/a Jon Lipton, et al., appellants. (Index No. 23978/02)

DECISION & ORDER ON MOTION

Motion by Pachman, Pachman, & Eldridge, P.C., counsel for the respondent, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Suffolk County, dated March 8, 2004, and to enlarge the respondent's time to serve and file a brief.

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 for leave to withdraw as counsel is granted, and Pachman, Pachman, & Eldridge, P.C., is relieved from representing the respondent with respect to the instant appeal; and it is further,

ORDERED that Pachman, Pachman, & Eldridge, P.C., is directed to serve and the respondents with a copy of this decision and order on motion, with notice of entry, by one of the methods specified in CPLR 2103(c), on or before March 17, 2005, and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that no further proceedings shall be taken against the respondent without leave of the court, until the expiration of 30 days after the service upon it of a copy of this decision and order on motion; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file the respondent's brief is granted; the respondent shall serve and file its brief on or before April 18, 2005.

ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22139

L/

2004-10946 Mirta Gonzalez, et al., respondents, v New York Presbyterian Hospital, etc., et al., appellants. (Index No. 12554/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 20, 2004.

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 of the Court

Appellate Division: Second Judicial Department

M22132

L/

2004-10074 Steven Johnson, appellant, v Domenick Biondi, respondent. (Index No. 1158/02)

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 November 4, 2004.

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 of the Court

Appellate Division: Second Judicial Department

M22123

Y/sl

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2004-00354 Ken Little, appellant, v Lee Yuh Tzong, respondent. (Index No. 6307/01)

DECISION & ORDER ON MOTION

Motion by the respondent to direct the appellant to serve and file a supplemental record on an appeal from an order of the Supreme Court, Queens County, dated December 1, 2003, and to enlarge the time to serve and file a brief.

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 on or before March 22, 2005, the appellant shall serve and file a supplemental record containing Exhibits L, M, and N, which were attached to the motion papers submitted by the defendant to the Supreme Court, Queens County; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until April 22, 2005, and the respondent's brief must be served and filed on or before that date.

FLORIO, J.P., SANTUCCI, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22118

L/

2004-06035 Margent Maslinka, respondent, v Sarkis Sarkisov, appellant. (Index No. 12248/03)

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 May 18, 2004.

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 of the Court

Appellate Division: Second Judicial Department

M22142

L/

2004-10185 Cleopatra McDonald, respondent, v 25-35 Tennis Court, LLC, appellant. (Index No. 44130/99)

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 October 22, 2004.

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 of the Court

Appellate Division: Second Judicial Department

M22128

R/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-07502 Hector Negron, et al., respondents, v City of New York, appellant. (Index No. 8343/01)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 23, 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.

COZIER, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22159

S/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-08402 Olawunmi Oyebola, appellant, v Roman Makuch, et al., respondents. (Index No. 30633/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated July 10, 2003, which was determined by decision and order of this court dated September 7, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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.

ADAMS, J.P., S. MILLER, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22136

L/

2004-07903 Pinelawn Cemetery, appellant, v Coastal Distribution, LLC, et al., respondents. (Index No. 8599/04)

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 6, 2004.

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 of the Court

Appellate Division: Second Judicial Department

M22133

L/

2004-07711 Premins Company, Inc., respondent, v Hallmark Insurance Company, appellant. (Index No. 19719/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated July 12, 2004.

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 of the Court

Appellate Division: Second Judicial Department

M22122

J/sl

2004-06924 Gloria Quinn, respondent, et al., plaintiff, v City of New York, appellant. (Index No. 12975/97)

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, Kings County, dated June 28, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 28, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22098

A/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-04453 Kim Ragland, appellant, v State of New York, respondent.

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Court of Claims, dated April 13, 2004, for leave to prosecute the appeal as a poor person, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on 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 or relation thereto, it is

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied; and it is further,

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) is denied without prejudice to the appellant making a new motion upon perfection of the appeal in accordance with the rules of this Court; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until April 19, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22131

L/

2004-08753 Reilly, Like, Tenety & Ambrosino, respondent, v Chicago Insurance Company, appellant. (Index No. 9958/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Suffolk County, dated August 31, 2004.

Upon the stipulation of the parties, dated February 23, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22117

L/

2004-09693 Lana Rozenberg, appellant, v Paul Cohen, et al., respondents. (Index No. 15780/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated October 21, 2004.

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 of the Court

Appellate Division: Second Judicial Department

M22120

L/

2004-10944 Raquel Singh, et al., appellants, v Lisa Rosenberg, et al., respondents. (Index No. 3914/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 9, 2004.

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 of the Court

Appellate Division: Second Judicial Department

M22114

J/sl

2004-06995 Alberto Valdivia, et al., respondents, v Mitchell M. Mevorah, et al., appellants. (Index No. 25766/02)

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, Kings County, dated May 24, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 24, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22134

L/

2004-10216 Wilberto Wiscowich, appellant, v Edward Annunziata, respondent. (Index No. 8024/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 12, 2004.

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 of the Court

Appellate Division: Second Judicial Department

M22100

A/sl

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2003-09669 John Wolff, et al., respondents, v New York City Transit Authority, et al., appellants, et al., defendant. (Index No. 1615/00)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated September 26, 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 respondents' time to serve and file a brief is enlarged until April 15, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

RITTER, J.P., LUCIANO, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22080

M/nal

2005-00374 In the Matter of Valerie Dorset, appellant, v Stanley Dorset, respondent. (Docket Nos. F-06998-03, F-09569-03 F-08289-03)

ORDER TO SHOW CAUSE

Appeal by Valerie Dorset from an order of the Family Court, Westchester County, dated December 14, 2004. By scheduling order dated January 20, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 20, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 15, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22125

J/sl

2004-09018 In the Matter of H.P. Sean Dweck, et al., appellants, v Suzanne Beatty, etc., et al., respondents. (Index No. 17398/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, entered September 16, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 31, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22169

S/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO, JJ.

2003-04556 In the Matter of Starcy G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; James G. (Anonymous), appellant; Joy Ann G. (Anonymous), respondent. (Docket No. N-8654/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated December 20, 2004, which determined an appeal from an order of disposition of the Family Court, Suffolk County, entered April 17, 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., COZIER, KRAUSMAN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22101

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THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-04640 In the Matter of Francisco R. (Anonymous). Miracle Makers, Inc., et al., petitioners-respondents; Melissa Louisa G. (Anonymous), appellant, et al., respondent. (Docket No. B-1440-03)

DECISION & ORDER ON MOTION

Motion by the respondent Miracle Makers, Inc., to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Queens County, dated April 22, 2004.

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

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

ORDERED that the movant's time to serve and file a brief is enlarged until March 11, 2005, and the movant's brief must be served and filed on or before that date.

ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22124

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BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-01556 In the Matter of Jalen R. (Anonymous). Danakil Bekele, respondent; Commissioner of the Administration for Children's Services of the City of New York, appellant (and another title). (Docket No. N-9397/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Queens County, dated February 10, 2005, 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 on the court's own motion the appeal is dismissed, without costs or disbursements, on the ground that it has been rendered academic by the expiration of the order dated February 10, 2005; and it is further,

ORDERED that the motion is denied as academic.

COZIER, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22137

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2004-09421 In the Matter of Lilian Frances Robinson, deceased. Gary Robinson, respondent; Alfred W. Robinson, etc., appellant. (File No. 90542/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Dutchess County, dated September 22, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22127

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HOWARD MILLER, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-07869, 2004-07870, 2004-07871 In the Matter of William Michael S. (Anonymous), a/k/a William S. (Anonymous). Administration for Children's Services, et al., respondents; Teodor S. (Anonymous), appellant. In the Matter of Bill Eugen S. (Anonymous), a/k/a Bill S. (Anonymous). Administration for Children's Services, et al., respondents; Teodor S. (Anonymous), appellant. In the Matter of Diana S. (Anonymous). Administration for Children's Services, et al., respondents; Teodor S. (Anonymous), appellant. (Docket Nos. B-15311/03, B-15312/03, B-15313/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to relieve counsel assigned to prosecute appeals from three orders of the Family Court, Kings County, all dated August 19, 2004, and for leave to prosecute the appeal pro se. On October 26, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted and the following named attorney was assigned as counsel to prosecute the appeal:

Edward E. Caesar, Esq.

26 Court Street - Suite 2401

Brooklyn, New York 11201-4404

(718) 246-2712

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

ORDERED that the branches of the motion which are to relieve counsel assigned to prosecute the appeals and for leave to prosecute the appeals pro se is granted; and it is further,

ORDERED that the assigned counsel is relieved of the assignment and is directed to deliver any transcripts of the proceedings in his possession and all papers on the appeal to the Clerk of this court; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22162

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A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO, JJ.

2004-00588 In the Matter of State Farm Mutual Automobile Insurance Company, respondent, v Lisa M. Luciano, appellant. (Index No. 18472/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated December 22, 2003, which was determined by decision and order of this court dated October 12, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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., ADAMS, KRAUSMAN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22138

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2004-08925 In the Matter of Hilda T. (Anonymous). Administration for Children's Services, petitioner-respondent; Nellie T. (Anonymous), respondent; Monica Drinane, etc., nonparty-appellant. (Docket No. N-27138/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated September 23, 2004.

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 of the Court

Appellate Division: Second Judicial Department

M22144

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BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-00214 In the Matter of Woodfield Equities, LLC, et al., petitioners, v Incorporated Village of Patchogue, et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioners in a proceeding pursuant to EDPL 207, to stay a separate proceeding to acquire certain real property pending in the Supreme Court, Suffolk County, entitled Matter of Incorporated Village of Patchogue, under Index No. 750/05, pending hearing and determination of this proceeding, and separate motion by the petitioners to stay this proceeding pending hearing and determination of an action pending in the United States District Court for the Eastern District of New York, entitled Woodfield Equities, LLC v Village of Patchogue, under Index No. 04-CV-5116, for leave to obtain certain discovery pursuant to CPLR 408, and to supplement the record in this proceeding. Motion by Human Resources Research and Management Group, Inc., d/b/a Homeworks, for leave to file an amicus curiae brief in this proceeding. Cross motion by the respondents to strike exhibits "B' through "J" from the petition filed in this proceeding on the ground that those exhibits constitute matter dehors the record.

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

ORDERED that the motion which is to stay a proceeding to acquire certain real property pending in the Supreme Court, Suffolk County, entitled Matter of Incorporated Village of Patchogue, under Index No. 750/05, pending hearing and determination of this proceeding is granted, and the proceeding pending in the Supreme Court, Suffolk County, entitled Matter of Incorporated Village of Patchogue, under Index No. 750/05, is stayed pending hearing and determination of this proceeding; and it is further,

ORDERED that the motion which is to stay this proceeding pending hearing and determination of an action pending in the United States District Court for the Eastern District of New York, entitled Woodfield Equities, LLC v Village of Patchogue, under Index No. 04-CV-5116, for leave to permit certain discovery pursuant to CPLR 408, and to supplement the record in this proceeding is denied; and it is further,

ORDERED that the motion which is for leave to file an amicus curiae brief in this proceeding is denied; and it is further,

ORDERED that the cross motion is held in abeyance, and is referred to the Justices hearing the proceeding for determination upon the argument or submission of the proceeding.

COZIER, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22157

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THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2005-01172 In the Matter of Er-Mei Y. (Anonymous). Administration for Children's Services, respondent; Guo J. Y. (Anonymous), appellant. (Docket No. N-09952-02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Queens County, dated December 23, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22102

C/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-03258 The People, etc., respondent, v Arrieus Palmer, appellant. (Ind. No. 891/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to reargue a motion to relieve assigned counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered March 25, 2004, and for the assignment of new counsel, which motion was denied by decision and order on motion of this court dated September 29, 2004.

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

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

ORDERED that on the court's own motion, the appellant is granted leave to serve and file a pro se supplemental brief; 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.

ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04-A-1928

Franklin Corr. Fac.

62-Bare Hill Rd.-Box 10

Malone, New York 12953

Appellate Division: Second Judicial Department

M22160

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A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

BARRY A. COZIER, JJ.

2001-09145 The People, etc., respondent, v Jose Ramos, appellant. (Ind. No. 9365/99)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, rendered October 5, 2001, which was determined by decision and order of this court dated April 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22158

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

SONDRA MILLER

ROBERT A. SPOLZINO, JJ.

2003-01962 The People, etc., respondent, v Aurel Smith, appellant. (Ind. No. 01-01484)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Westchester County, rendered November 20, 2002, which was determined by decision and order of this court dated October 4, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22161

S/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2000-03753 The People, etc., respondent, v Winfred Taylor, appellant. (Ind. No. 2394/99)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, rendered April 12, 2000, which was determined by decision and order of this court dated October 25, 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., RITTER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M21909

F/

STEPHEN G. CRANE, J.

2005-00165 The People, etc., plaintiff, v Rafael Torres, defendant. (Ind. No. 7634/85)

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 November 29, 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.

STEPHEN G. CRANE

Associate Justice

Appellate Division: Second Judicial Department

M22129

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BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2003-04265 The People, etc., respondent, v Jamal Wingate, appellant. (Ind. No. 449/96)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated April 8, 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 respondent's time to serve and file a brief is enlarged until March 10, 2005, and the respondent's brief must be served and filed on or before that date.

COZIER, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court