Appellate Division: Second Judicial Department

M22373

S/sl

2004-08550 Alfred Adams, et al., appellants, v Jean L. Hickey, et al., respondents. (Index No. 8544/03)

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, Rockland County, dated August 23, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 23, 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

M22384

O/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2004-01739 Katharine Allison, appellant, v William B. Allison, respondent. (Index No. 12159/00)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - December 2004 Calendar", dated December 27, 2004, as dismissed an appeal from a judgment of the Supreme Court, Westchester County, dated January 28, 2004, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

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

ORDERED that so much of the decision and order on motion of this court dated December 27, 2004, as dismissed the instant appeal, is recalled and vacated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until April 7, 2005, and the record or appendix on 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22244

S/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-07745, 2004-08805 Roseann Clark, plaintiff-respondent, v Joseph Clark, defendant third-party plaintiff-appellant; Roseann Clark, et al., third-party defendants-respondents. (Index No. 4734/03)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision and order (one paper) of the Supreme Court, Rockland County, dated August 2, 2004, and an order of the same court, dated August 16, 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 on the court's own motion, the appeal from the decision and order dated August 2, 2004, is dismissed, without costs or disbursements, except as to that provision of the decision and order as dismissed the third-party complaint, on the ground that the remaining portions of the decision and order constitute a decision from which no appeal lies (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

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

FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22376

O/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-00353 April Connard, appellant, v WHC, Inc., respondent. (Index No. 04171/02)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2004 Calendar", dated November 3, 2004, as dismissed an appeal from an order of the Supreme Court, Queens County, dated October 22, 2003, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is denied.

FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22394

PL/sl

2004-08221 Aubrey T. Dancy, respondent, v New York City Housing Authority, appellant. (Index No. 36189/01)

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, Kings County, dated August 3, 2004.

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

M22378

R/sl

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2004-05591 Felicita Diaz, respondent, v Gustavo Salcedo, etc., et al., appellants, et al., defendants. (Index No. 1997/97)

DECISION & ORDER ON MOTION

Motion by the appellant Gustavo Salcedo to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated May 13, 2004, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to stay the trial is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellants' time to perfect the appeal is enlarged until April 4, 2005, and the record or appendix on the appeal and the appellants' 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22337

S/sl

2004-02909 Affif Douidi, respondent, v 104-106 Delancey Realty, LLC, et al., appellants. (Index No. 33691/00)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated March 19, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 1, 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

M22328

PL/sl

2004-07877 Matthew Elliot, appellant, v Siben & Siben, et al., respondents. (Index No. 12043/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated August 2, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 29, 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

M22299

S/sl

2004-07919 Daphne Emanuel, respondent, v New York City Transit Authority, appellant. (Index No. 19049/01)

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 June 23, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 2, 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

M22367

O/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-06383, 2004-06403, 2004-06404, 2004-07969 Estate of Regina Ort, appellant, v Amelia Manya Emily Ort, et al., respondents. (Index No. 926/03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from four orders of the Supreme Court, Richmond County, dated February 4, 2004, April 9, 2004, May 11, 2004, and August 9, 2004, respectively, and cross motion by the respondents to dismiss the appeals for failure to timely perfect the same in accordance with the rules of this court.

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

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

ORDERED that the appellant's time to perfect the appeals is enlarged until May 9, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22339

S/sl

2004-05950 Richard Feeney, respondent, v Christopher D. Dyroff, et al., appellants. (Index No. 8415/02)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 9, 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

M22386

S/sl

2004-10042 Gallante Properties, Inc., respondent, v State National Insurance Company, appellant, et al., defendants. (Index No. 7594/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated September 30, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 11, 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

M22292

S/sl

2004-07639 Robert Hicks, et al., appellants, v Margaret M. Williams, respondent, et al., defendant. (Index No. 2638/02)

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, Dutchess County, dated July 16, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 2, 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

M22383

S/sl

2004-08269 Jeanine Jean, etc., et al., appellants, v City of New York, et al., respondents. (Index No. 17184/99)

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 August 4, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 19, 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

M22351

C/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-01528 Victoria Koramblyum, et al., respondents, v Mark Medvedovsky, et al., appellants, et al., defendants. (Index No. 7357/02)

DECISION & ORDER ON MOTION

Motion by the appellants 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 February 10, 2005.

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

ORDERED that the motion is granted and all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 5, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 5, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22382

O/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-03179 Tatiana Kuzmin, appellant, v Visiting Nurse Service of New York, et al., respondents. (Index No. 13483/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Queens County, dated March 12, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and cross motion by the respondents to dismiss the appeal for failure to file a complete record.

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

ORDERED that on the court's own motion, the record on appeal is deemed to be an appendix; and it is further,

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

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22390

PL/sl

2004-06267 Kyrstina Leha, et al., appellants, v Yonkers General Hospital, et al., respondents. (Index No. 18402/00)

ORDER ON APPLICATION

Application by the respondents Christopher Melcer and Westchester Emergency Services, P.C., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Westchester County, dated August 5, 2003.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22330

O/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2004-07327 Mason Builders of Orange County, Inc., respondent, v Walter Lambert, et al., appellants. (Index No. 5958-03)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to serve and file a supplemental record on an appeal from an order of the Supreme Court, Orange County, dated March 19, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22415

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2003-08882 Cynthia Massy, plaintiff-respondent, v Loehmann's, Inc., defendant third-party plaintiff-respondent, Ann Klein & Co., defendant-appellant; Salant Corporation, s/h/a Vera Companies, third-party defendant-appellant, et al., third-party defendant. (Index No. 15111/95)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 11, 2003.

Upon the stipulation of the attorneys for the respective parties, dated February 17, 2005, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22152

S/sl

2004-07811 Tonasia Maxwell, etc., et al., respondents, v City of New York, et al., appellants. (Index No. 14689/93)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated July 21, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 2, 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

M22366

C/sl

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2004-06976 Jozef Moniuszko, plaintiff-respondent, v Chatham Green, Inc., defendant third-party plaintiff-appellant; DJM Contracting Corp., third-party defendant-respondent. (Index No. 21929/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 15, 2004.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22412

L/

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

PETER B. SKELOS, JJ.

2004-04618 Mount Sinai Hospital, a/a/o Lily Sagiv, et al., appellants, v Allstate Insurance Company, respondent. (Index No. 13570/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 11, 2004.

Upon the stipulation of the attorneys for the respective parties, dated February 16, 2005, it is

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

SCHMIDT, J.P., ADAMS, SANTUCCI and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22362

O/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-04181 Walter Naranjo, plaintiff, v Star Corrugated Box Co., Inc., defendant third-party plaintiff-respondent; Fort Cica Roofing & General Contracting, Inc., third-party defendant and second third-party plaintiff-appellant, United Specialized Services, Corp., second third-party defendant. (Index No. 14520/99)

DECISION & ORDER ON MOTION

Motion by the second third-party defendant for leave to serve and file an appellant's brief on an appeal from an order of the Supreme Court, Queens County, dated March 9, 2004.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M21848

A/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

STEPHEN G. CRANE, JJ.

2003-01746 North Main Street Bagel Corp., appellant, v Robert J. Duncan, et al., respondents, et al., defendants. (Index No. 31180/97)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to clarify a decision and order of this court dated April 19, 2004, which determined an appeal from a judgment of the Supreme Court, Suffolk County, entered February 7, 2003, by including a provision directing the Supreme Court, Suffolk County, to render a new determination on the issue of damages to be based on the evidence previously submitted at the nonjury trial.

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 second full paragraph on page 2 of the decision and order dated April 19, 2004, is amended by (1) deleting the period after the words "issue of damages", and (2) adding thereto after the words "issue of damages" the following ", including a new determination on the issue of damages to be based on the evidence previously submitted at the nonjury trial."

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22411

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2003-10661, 2003-11101 Robert Quackenbush, plaintiff, v Gar-Ben Associates, et al., defendants third-party plaintiffs-respondents, et al., defendant; L. H. Power, third-party defendant-appellant. (Index No. 17842/00)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw appeals from two orders of the Supreme Court, Nassau County, dated September 16, 2003, and October 15, 2003, respectively.

Upon the stipulation of the attorneys for the respective parties, dated January 31, 2005, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22327

PL/sl

2004-09030 Michael H. Ricca, respondent, v Joseph A. Lianzo, et al., defendants, American Honda Financial Corporation, appellant. (Index No. 14690/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 3, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 27, 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

M22331

PL/sl

2004-03240 Riverside Capital Advisers, Inc., etc., et al., plaintiffs-respondents, v First Secured Capital Corporation, et al., defendants-appellants, Wet Resources Corp., defendant-respondent, et al, defendant; Thomas Donovan, et al., nonparty-appellants. (Appeal No. 1) 2004-06107, 2004-06108, 2004-06109, 2004-06110, 2004-06111, 2004-06843 Riverside Capital Advisers, Inc., etc., et al., respondents, v First Secured Capital Corporation, et al., defendants-appellants, Wet Resources Corp., et al., defendants; Thomas Donovan, et al., nonparty-appellants. (Appeals No. 2 through 6 and 8) 2004-06114 Riverside Capital Advisers, Inc., etc., et al., respondents, v First Secured Capital Corporation, et al., defendants; Thomas Donovan, et al., nonparty- appellants. (Appeal No. 7) (Index No. 20600/99)

ORDER ON APPLICATION

Application by the respondent Winchester Global Trust Company on appeals from orders of the Supreme Court, Nassau County dated March 9, 2004, May 24, 2004, May 25, 2004 (two orders), June 7, 2004, June 10, 2004, June 16, 2004, and July 27, 2004, respectively, to enlarge its time pursuant to 22 NYCRR 670.8(d)(2) to serve and file a brief on the appeals from the orders dated May 24, 2004 (Appellate Division Docket Number 2004-06107), May 25, 2004 (two orders) (Appellate Division Docket Numbers 2004-06108 and 2004-06109), June 7, 2004 (Appellate Division Docket Number 2004-06110), and June 10, 2004 (Appellate Division Docket Number 2004-06111), respectively.

ORDERED that on the courts own motion, the movant is granted permission to file one consolidated brief in response to the appellants' respective briefs; and it is further,

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until April 22, 2005, and the movant'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

M22286

J/sl

2004-07993 Irene Piscopo Rodgers, respondent, v Rita Piscopo, appellant. (Index No. 14105/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered August 4, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 2, 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

M22417

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2003-06996 Maciej Sadowski, respondent, v Rip Construction Consultants, Inc., defendant, Houston Essex Realty Corp., et al., appellants. (Index No. 4250/00)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated July 16, 2003.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22391

PL/sl

2004-05455 Lucy Taylor, respondent, v New York City Transit Authority, appellant. (Index No. 3652/95)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated April 30, 2004.

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

M22380

O/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2005-00427 Louis Vann, appellant, v County of Westchester, et al., respondents. (Index No. 7951/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, entered October 13, 2004, 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 branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 branches of the motion which are for a copy of the transcript without charge and to waive payment of the filing fee are denied; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22263

S/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-05869, 2004-06210, 2005-01029 Robert D. Wilson, et al., appellants-respondents, v Hallen Construction Corp., respondent-appellant. (Index No. 6828/95)

DECISION & ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated May 28, 2004, and a judgment of the same court, entered June 14, 2004, and to enlarge the time to perfect an appeal and cross appeal from a judgment of the same court, dated December 22, 2004.

ORDERED that the application is granted and the appellants-respondents' time to perfect their appeals is enlarged until July 25, 2005, and the joint record or joint appendix on the appeals and the appellants-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 respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22368

S/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-03218, 2004-07314 Ferona Wint, etc., appellant, v ABN Amro Mortgage Group, Inc., respondent. (Index No. 22116-03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 2, 2005, in the above-entitled case is amended by deleting from the preamble thereof the name "Dawn M. Kehl" and substituting therefor the name "Diane M. Kehl".

FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22387

S/sl

2004-07640 In the Matter of All County Ready Mix Corp., petitioner, v Raymond P. Martinez, respondent. (Index No. 5054/04)

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 in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Queens County, dated March 8, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 28, 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

M22397

E/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-07484, 2004-07486 In the Matter of Jennifer Bowe, respondent, v Louie Robinson, appellant. (Docket Nos. V-2277/01, V-13871/00)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from two orders of the Family Court, Queens County, both dated July 15, 2004.

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 appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeals is enlarged until April 12, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22400

E/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-09208 In the Matter of Pina Colapinto, appellant, v Martin Heinfling, respondent. (Docket No. F-05939-04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Family Court, Nassau County, dated August 24, 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 appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until April 7, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22348

R/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-10701 In the Matter of Kevin W. Cox, appellant, v Julie A. Cox, respondent. (Docket No. F-00432-96)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Family Court, Suffolk County, dated August 22, 2003, and to enlarge the record on the appeal to include certain exhibits.

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 notice of appeal from the fact finding order dated August 21, 2003, is deemed to be a notice of appeal from the order dated August 22, 2003 (see CPLR 5512); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until April 7, 2005; and it is further,

 ORDERED that the branch of the motion which is to enlarge the record to include certain exhibits is denied and the appellant is directed to serve and file a brief without the subject exhibits.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22316

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A. GAIL PRUDENTI, P.J.

HOWARD MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-08996 In the Matter of Robert S. Herbst, petitioner, v Zoning Board of Appeals of Village of Mamaroneck, et al., respondents. (Index No. 5100/04)

DECISION & ORDER ON MOTION

Joint motion by the petitioner and the respondents in a proceeding pursuant to CPLR article 78, which was transferred to this court by order of the Supreme Court, Westchester County, entered September 23, 2004, to remit the proceeding to the Supreme Court, Westchester County, to determine any issues raised pursuant to CPLR 7804(f).

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 proceeding is remitted to the Supreme Court, Westchester County to determine any issues raised pursuant to CPLR 7804(f).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22385

O/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-05691 In the Matter of Rena Elaine M. (Anonymous). Administration for Children's Services, respondent; Robert M. (Anonymous), appellant. (Docket No. B-4639-02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated June 1, 2004, inter alia, to enlarge the record, for this court to take judicial notice of certain orders and proceedings that occurred in a related neglect proceeding, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of the court for issuance of a scheduling order pursuant to 22 NYCRR 670.4(a); and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22302

R/sl

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2005-01498 In the Matter of Caleb P. (Anonymous). Orange County Department of Social Services, et al., respondents; Anthony W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dylan P. (Anonymous). Orange County Department of Social Services, et al., respondents; Anthony W. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Misty P. (Anonymous). Orange County Department of Social Services, et al., respondents; Anthony W. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Molly P. (Anonymous). Orange County Department of Social Services, et al., respondents; Anthony W. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Sean P. (Anonymous). Orange County Department of Social Services, et al., respondents; Anthony W. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Tyler P. (Anonymous). Orange County Department of Social Services, et al., respondents; Anthony W. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-888/04, N-889/04, N-890/04, N-891/04, N-892/04, N-893/04)

DECISION & ORDER ON MOTION nty, dated June 4, 2004. By order to show cause dated January 25, 2005, the parties or their attorneys were directed

Appeal by Anthony W. from an order of the Family Court, Orange Cou to show cause before this court why an order should or should not be made and entered dismissing the appeal by Anthony W. in the above-entitled proceeding as untimely taken. Motion by Anthony W. for leave to prosecute the appeal as a poor person and for the assignment of counsel.

On the court's own motion, and upon the papers filed in response to the order to show cause, and upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

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

ORDERED that the motion for poor person relief 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:

Del Atwell, Esq.

P.O. Box 25116

Montauk, New York 11964

(631) 267-2067

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., LUCIANO, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22393

PL/sl

2004-07891 In the Matter of Nicholas Vitale, etc., et al., respondents, v Elmwood Union Free School District, et al., appellants. (Index No. 7388/04)

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, Suffolk County, dated

July 9, 2004.

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

M22364

C/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-03926, 2004-06370 The People, etc., respondent, v Ronald Ackridge, appellant. (Ind. No. 02-06168)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from a judgment of the County Court, Westchester County, rendered April 17, 2003, and an order of the same court dated May 27, 2004, to relieve counsel assigned to prosecute the appeal from the order and for leave to prosecute the appeal from the order pro se.

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

ORDERED that the motion is denied

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22346

S/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-10280 The People, etc., respondent, v Eric J. Bullis, appellant. (Ind. No. 562/03)

DECISION & ORDER ON MOTION

Motion by John R. Lewis, Esq., counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered November 17, 2003, to be relieved of the assignment on the ground that the appellant has abandoned the appeal.

On the court's own motion, it is

ORDERED that the appellant show cause before this court why an order should or should not be entered dismissing the appeal on the ground that he has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before April 8, 2005; and it is further,

ORDERED that the motion by assigned counsel to be relieved is held in abeyance in the interim; and it is further,

 ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22371

O/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2002-04524 The People, etc., respondent, v Corey Edwards, appellant. (Ind. No. 2464/00)

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, Nassau County, rendered April 19, 2002.

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 shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before May 3, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22372

O/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-10439 The People, etc., respondent, v Joseph Elpenord, appellant. (Ind. No. 2923/03)

DECISION & ORDER ON MOTION

Motion by the appellant for this court to take judicial notice of a certain map and various locations on the map on an appeal from a judgment of the County Court, Nassau County, rendered December 1, 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

M22370

O/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

BARRY A. COZIER

FRED T. SANTUCCI, JJ.

2000-03320 The People, etc., respondent, v Oba Johnson, appellant. (Ind. No. 60/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for the assignment of counsel to assist in preparing a supplemental brief on an appeal from a judgment of the County Court, Dutchess County, rendered April 3, 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 denied; and it is further,

ORDERED that on the court's own motion, the appellant's time to serve and file a supplemental brief is enlarged until April 25, 2005, and the appellant's supplemental brief shall be served and filed on or before that date.

FLORIO, J.P., H. MILLER, COZIER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22336

O/sl

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2002-05698 The People, etc., respondent, v Peter McGrath, appellant. (Ind. No. 01/00548)

DECISION & ORDER ON MOTION

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

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M22322

F/

STEPHEN G. CRANE, J.

2004-10684 The People, etc., plaintiff, v Derek Rawlings, defendant. (Ind. No. 2924/88)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated October 28, 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

M22334

K/sl

GLORIA GOLDSTEIN, J.

2004-08101 The People, etc., respondent, v Shawn Shemack, appellant. (Ind. No. 1250/02)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Nassau County, rendered December 23, 2003, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

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

ORDERED that the motion is denied.

GLORIA GOLDSTEIN

Associate Justice

Appellate Division: Second Judicial Department

M22388

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2003-06112 The People, etc., respondent, v Sylvester Vallee, appellant. (Ind. No. 2634/02)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 21, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22389

S/sl

2004-06199 The People, etc., respondent, v Willie Williams, appellant. (Ind. No. 870/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the County Court, Westchester County, rendered June 25, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until May 4, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court