Appellate Division: Second Judicial Department

M22751

E/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-09379, 2005-00610 Hanz Andre, et al., plaintiffs, v City of New York, et al., defendants. (Action No. 1) (Index No. 13423/04) Green Bus Lines, Inc., et al., respondents, v City of New York, defendant, Metropolitan Transportation Authority, appellant. (Action No. 2) (Index No. 18770/04)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Queens County, dated October 20, 2004 and December 23, 2004, respectively, to enlarge the record on appeal to include an affirmation of Aaron J. Schindel dated November 10, 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; and it is further,

 ORDERED that on the court's own motion, pages 41 through 59 of the supplemental record on appeal are stricken, and on or before March 30, 2005, the appellant is directed to remove pages 41 through 59 of the supplemental record on appeal on file with the Clerk of this court or serve and file a replacement supplemental record on appeal that does not contain the stricken material.

H. MILLER, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22750

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-07859, 2004-07860 Thomas Burke, appellant, v Patricia Burke, respondent. (Index No. 202392/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, dated July 7, 2004, and a money judgment of the same court August 9, 2004.

Now, on the court's own motion, it is

ORDERED that the parties or their attorneys are directed to show cause why an order should or should not be entered dismissing the appeal from the order dated July 7, 2004, on the ground that that order is merely a decision from which no appeal lies (see Schicchi v Green Constr. Corp., 100 AD2d 509), by each filing an affirmation or affidavit on that issue with the Clerk of this court, on or before April 8, 2005, and the application to enlarge the time to perfect the appeals is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.

H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22699

F/

2004-08220 Christopher A. Carter, appellant, v Walter M. Hopfel, et al., respondents. (Index No. 24862/00)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M22819

PL/sl

2004-08244 Derrick Carty, plaintiff-respondent, v City of New York, defendant third-party plaintiff- respondent, Yonkers Contracting Company, Inc., defendant third-party plaintiff-appellant; Raul Marcell Dickson, et al., third-party defendants- respondents. (Index No. 11813/95)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 10, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 13, 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

M22712

F/

2004-09824 Stella M. Coronel, respondent, v Liberty Lines Transit, Inc., et al., appellants, et al., defendants. (Index No. 928/04)

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 15, 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

M22755

J/sl

2004-06100 Leroy Delaney, plaintiff-respondent, v National Amusements, Inc., defendant third-party plaintiff-appellant; Aero Investigations and Security Services, Inc., third-party defendant- respondent. (Index No. 13340/94)

ORDER ON APPLICATION

Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated May 28, 2004.

ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until March 31, 2005, and the plaintiff-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

M22794

F/

2004-09987 Albert Diaz, respondent, v City of Long Beach, appellant. (Index No. 18484/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated October 12, 2004.

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

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22758

C/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-02019 Kathleen Donish, etc., respondent, v Brookhaven Memorial Hospital Medical Center, et al., defendants, Shlomo Piontkowski, appellant. (Index No. 2464/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated January 28, 2005.

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

ORDERED that the motion is denied.

H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22702

F/

2004-07916 Joyce Francis, et al., respondents, v 150 Owners Corp., et al., appellants. (Index No. 8170/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 30, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22701

F/

2004-07337 Anastasios Glantzis, appellant, v Felix Padilla, Jr., et al., respondents. (Index No. 36392/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 26, 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

M22764

J/sl

2004-07904 Rachel Gluck, etc., et al., appellants-respondents, v Fantastic, Inc., a/k/a Fantastic Distributors, a/k/a Fantastic Merchandise, Inc., et al., respondents- appellants, E & L Foods, Inc., etc., et al., respondents (and a third-party action). (Index No. 34656/01)

ORDER ON APPLICATION

Application by the appellants-respondents 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 18, 2004.

ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until May 2, 2005, and the joint record or joint appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their respective answering briefs, including their points of argument on the cross appeals, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22709

F/

2004-08352 Ruth Gropper, respondent, v Sharon M. Kelly, et al., appellants. (Index No. 724/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Rockland County, dated August 31, 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

M22756

E/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-02769, 2004-02772, 2004-09612, 2004-09613, 2004-09615, 2004-10121 Dean E. Hart, plaintiff-respondent, v Tri-State Consumer, Inc., defendant-respondent, Penny Fern Hart, appellant; Tri-State Consumer Insurance Company, non-party appellant. (Index No. 13620/03)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent on appeals from six orders of the Supreme Court, Nassau County, dated January 22, 2004, March 18, 2004, August 17, 2004, August 17, 2004, September 30, 2004, and October 26, 2004, respectively, inter alia, to compel the Bank of New York to release money from certain accounts.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., RITTER, GOLDSTEIN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22697

Y/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-03159 Leonard Hatfield, et al., appellants, v Bridgedale, LLC, et al., respondents, et al., defendants. (Appeal No. 1) 2004-10706 Leonard Hatfield, et al., appellants, v Bridgedale, LLC, et al., defendants, Tower Building Restoration, Inc., respondent. (Appeal No. 2) (Index No. 22502/00)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent Tower Building Restoration, Inc., on appeals from two orders of the Supreme Court, Queens County, dated February 16, 2004, and July 6, 2004, respectively, to dismiss the appeal from the order dated July 6, 2004 (Appellate Division Docket No. 2004-10706), on the ground that the appeal was not timely taken.

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

ORDERED that the motion is granted and the appeal from the order dated July 6, 2004, is dismissed, without costs or disbursements (see CPLR 5513); and it is further,

ORDERED that the following material is stricken and will not be considered on the appeal from the order dated February 16, 2004:

(A) Pages A17 through A22 and A666 through A689 of the appendix, and

(B) Any references in the appellant's brief to the appeal from the order dated July 6, 2004

and it is further,

ORDERED that on the court's own motion, the respondents' time to serve and file their respective briefs on the appeal from the order dated February 16, 2004, is enlarged to April 13, 2005, and the respondents' briefs must be served and filed on or before that date.

FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22637

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-08253 Robert A. Holness, appellant, v Christina J. Heim, et al., respondents. (Index No. 10816/02)

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, Westchester County, dated August 12, 2004.

Now, on the court's own motion, it is

ORDERED that the parties or their attorneys are directed to show cause why an order should or should not be entered dismissing the appeal on the ground that the order dated August 12, 2004, is one denying a motion in limine from which no appeal lies (see Mauro v Village of Freeport, 113 AD2d 876), by each filing an affirmation or affidavit on that issue with the Clerk of this court, on or before April 8, 2005, and the application to enlarge the time to perfect the appeal is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.

H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22799

F/

2005-00230 Roger Joseph, et al., respondents, v JEB Express, Inc., et al., appellants. (Index No. 48048/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated January 12, 2004.

Upon the stipulation of the attorneys for the respective parties, dated February 24, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22707

A/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-08831 Lawrence Klein, respondent, v Stephanie Klein, appellant. (Index No. 200558/03)

DECISION & ORDER ON MOTION

Motion by Dominic A. Barbara, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Nassau County, dated September 22, 2004.

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

ORDERED that the motion is granted, and Dominic A. Barbara is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before March 29, 2005, Dominic A. Barbara is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order 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 appellant, without leave of the court, until the expiration of 30 days after service upon her of a copy of this decision and order; and it is further,

 ORDERED that the appellant's time to perfect the appeal is enlarged until April 29, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22752

R/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-01973 Erolina Matthews, etc., appellant, v Bayley Seton Hospital, et al., respondents. (Index No. 12934/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay a deposition by open commission of nonparty witness Judy Newman in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated February 18, 2005.

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.

H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22700

F/

2004-09784 Albert Napoletano, etc., appellant, v Showcase Building Corp., f/k/a Showcase Construction Corp., respondent. (Index No. 589/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Orange County, dated September 29, 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

M22802

O/sl

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-00474 Helen Paupaw, respondent, v Brookdale Hospital Medical Center, appellant. (Index No. 6322/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 5, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22796

F/

2005-01372 Edward H. Pawliczek, appellant, v Farm Family Life Insurance Company, respondent. (Index No. 5978/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Orange County, dated January 13, 2005.

Upon the stipulation of the attorneys for the respective parties, dated February 25, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22725

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-08721, 2004-08722 Nancy A. Pearce, et al., respondents, v Central Hudson Gas & Electric Corporation, et al., appellants. (Index No. 9240/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw appeals from two orders of the Supreme Court, Westchester County, dated September 14, 2004, and September 13, 2004.

Upon the stipulation of the attorneys for the respective parties, dated February 15, 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

M22766

C/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-05547 Plymouth Organization, Inc., respondent, v Silverman, Collura & Chernis, P.C., et al., appellants. (Index No. 11876/00)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to serve and filed a reply brief on an appeal from an order of the Supreme Court, Richmond County, dated May 21, 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 on or before March 22, 2005, the appellants shall serve and file nine copies of a reply brief that does not contain an appendix.

H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22803

O/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2003-09049 Riverside Capital Advisers, Inc., etc., plaintiff, Winchester Global Trust Company Limited, etc., respondent, v First Secured Capital Corporation, et al., appellants, et al., defendant; Thomas Donovan, et al., nonparties. (Appeal No. 1) 2004-01677, 2004-01678 Riverside Capital Advisors, Inc., etc., plaintiff- appellant, Winchester Global Trust Company Limited, respondent, v First Secured Capital Corporation,et al., defendants-appellants, Wet Resources Corporation, defendant; Thomas Donovan, et al., nonparty-appellants. (Appeals Nos. 2 and 3) (Index No. 20600/99)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to supplement the record to include certain documents on appeals from an order and judgment (one paper) of the Supreme Court, Nassau County, dated September 17, 2003, an order of the same court dated January 8, 2004, and an amended order and judgment (one paper) of the same court, dated February 3, 2004, and cross motion by the appellant First Secured Capital Corp. to enlarge the time to serve and file a reply brief.

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

ORDERED that the motion is granted to the extent that on or before April 6, 2005, the respondent shall serve and file a supplemental record containing the orders of the Supreme Court, Nassau County, dated May 7, 2001, and September 6, 2002, respectively, the verified complaint dated July 28, 1999, the verified answer to the second amended complaint on behalf of Thomas B. Donovan Family Trust dated May 30, 2001, and the papers submitted in connection with the motion of the respondent dated January 22, 2003, and the motion is otherwise denied; and it is further,

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

ORDERED that the time for the appellant First Secured Capital Corp to serve and file a reply brief is enlarged until April 13, 2005, and the reply brief must be served and filed on or before that date.

H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22719

PL/sl

2004-08266 Angel Rodriguez, etc., respondent, v Richard Martello, et al., appellants, et al., defendant. (Index No. 16623/96)

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 10, 2004.

ORDERED that the application is granted and 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.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22792

F/

2004-09832 Blase Scatola, plaintiff-respondent, v George J. Lambert, etc., et al., defendants- appellants, Budget Rent A Car, defendant-respondent. (Index No. 17925/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated October 13, 2004.

Upon the stipulation of the attorneys for the respective parties, dated January 25, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22730

A/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-01740, 2004-06562 State of New York, et al., appellants, v White Oak Co., LLC, et al., respondents. (Index No. 491/04)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue appeals from an order of the Supreme Court, Suffolk County, dated February 25, 2004, and an order and judgment (one paper) of the same court entered July 9, 2004, which was determined by decision and order of this court dated December 13, 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.

PRUDENTI, P.J., RITTER, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22704

F/

2004-09791 Patrick A. Stewart, appellant, v Jamie L. Leonard, et al., respondents. (Index No. 1736/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Dutchess County, dated October 6, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22733

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-02048 Story Book Homes, Inc., appellant, v Elva G. Commerdinger, respondents. (Index No. 04907/99)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from a "decision in lieu of trial" of the Supreme Court, Suffolk County, dated January 4, 2005.

Now, on the court's own motion, it is

ORDERED that the parties or their attorneys are directed to show cause why an order should or should not be entered dismissing the appeal on the ground that the "decision in lieu of trial', dated January 4, 2005, is merely a decision from which no appeal lies (see Schicchi v Green Constr. Corp., 100 AD2d 509), by each filing an affirmation or affidavit on that issue with the Clerk of this court, on or before April 8, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.

H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22703

F/

2005-00539, 2005-00541 Clement R. Villa, appellant, v Gwenn Villa, respondent. (Index No. 7973/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from an order of the Supreme Court, Orange County, dated December 9, 2004, and a judgment of the same court, dated December 9, 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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22769

C/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-01607 Irene Wiener, respondent, v Walter Iwachiw, appellant. (Index No. 8277/98)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered December 4, 2000, on the ground, inter alia, that the appellant raises issues that are not properly before this court.

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

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant raises issues that are not properly before this court is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

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

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until May 5, 2005, and the respondent's brief must be served and filed on or before that date.

H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22708

F/

2004-08374 Arleen Williams, respondent, v Walter Williams, appellant. (Index No. 200021/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 19, 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

M22757

J/sl

2004-04970 In the Matter of Athea Allen, respondent, v Dormitory Authority of State of New York, appellant. (Index No. 6/04)

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 on an appeal from an order of the Supreme Court, Queens County, dated April 22, 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

M22710

A/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-03434 In the Matter of Adarella Deylii, respondent, v Kenneth Hayden, Sr., appellant. (Docket No. F-7489/02)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by assigned counsel for the appellant to withdraw an appeal from an order of the Family Court, Orange County, entered May 11, 2004, on the ground that the appellant has abandoned the appeal.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22760

C/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

PETER B. SKELOS

REINALDO E. RIVERA, JJ.

2004-08332 In the Matter of Valerie A. DiBernardo, respondent, v James P. DiBernardo, appellant. (Docket No. F-02808/88)

DECISION & ORDER ON MOTION

Appeal by James P. DiBernardo from an order of the Family Court, Suffolk County, dated August 18, 2004. By decision and order on motion of this court dated November 23, 2004, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that Valerie A. DiBernardo has died and no substitution has been made.

On the court's own motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the appeal is dismissed, without costs or disbursements, and the order dated August 18, 2004, is vacated, without prejudice to the appellant commencing another proceeding in the Family Court, Suffolk County, naming the Department of Social Services as a respondent.

The order dated August 18, 2004, is a nullity as Valerie A. DiBernardo died before the appellant sought modification of a prior order of the Family Court, Suffolk County (see Outing v Mathis, 304 AD2d 670, Bluestein v City of New York, 280 AD2d 506).

RITTER, J.P., H. MILLER, SKELOS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22649

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

DAVID S. RITTER, JJ.

2004-06838 In the Matter of Mary K. Henning, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Mary K. Henning, respondent. (Attorney Registration No. 2158608)

DECISION & ORDER ON MOTION

The Grievance Committee has informed the court that by decision and order of the Supreme Court, Westchester County, dated July 20, 2004, inter alia, the respondent was: a) held in civil and criminal contempt of court by reason of her misrepresentation of the court's proceedings by forging the signature of Judge Cooney to a stipulation that she held out to be a stipulation and order of the court; b) fined $1000; and c) directed to make payment within thirty days or be imprisoned for a period of thirty days. That decision and order was rendered in connection with a post-judgment matrimonial proceeding wherein the respondent was the plaintiff. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 13,1988.

Upon the papers submitted to the court, it is

ORDERED that the respondent, Mary K. Henning, is immediately suspended from the practice of law as a result of her conviction of a serious crime, and continuing until further order of this court, pursuant to Judiciary Law § 90(4)(f); and it is further,

ORDERED that the respondent, Mary K. Henning, shall promptly comply with this court's rules governing the conduct of disbarred, suspended and resigned attorneys (22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Mary K. Henning, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding herself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that on the court's own motion, the Grievance Committee for the Ninth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against the said Mary K. Henning, based on her conviction of a serious crime; and it is further,

ORDERED that Gary L. Casella, Chief Counsel to the Grievance Committee for the Ninth Judicial District, 399 Knollwood Road, Suite 200, White Plains, N.Y. 10603, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that within 30 days after receipt of a copy of this decision and order on motion, the petitioner Grievance Committee shall serve upon the respondent and the Special Referee and file with this court a petition; and it is further,

ORDERED that within 20 days after service upon her of the petition, the respondent, Mary K. Henning, shall serve an answer upon the petitioner and the Special Referee and shall file the original answer in the office of the Clerk of this court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable William D. Friedmann, a retired Associate Justice of the Appellate Division, Second Judicial Department, 4 Martine Avenue, White Plains, N.Y. 10606, as Special Referee to expeditiously hear and report, together with his findings on the issues; and it is further,

ORDERED that if the respondent, Mary K. Henning, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in her affidavit of compliance pursuant to 22 NYCRR 691.10(f).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22793

R/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-05608, 2004-05742, 2004-05797, 2004-07727, 2004-07792, 2004-08929 In the Matter of Eric M. Levande, respondent, v Devorah Levande, appellant. (Docket No. V-8150/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from two orders of the Family Court, Queens County, both dated June 28, 2004 (Appellate Division Docket Nos. 2004-05608 and 2004-05742), an amended order of the same court dated June 28, 2004 (Appellate Division Docket No. 2004-05797), and three orders of the same court dated August 23, 2004 (Appellate Division Docket No. 2004-07727), August 31, 2004 (Appellate Division Docket No. 2004-07792), and October 5, 2004 (Appellate Division Docket No. 2004-08929), respectively, to be provided with a copy of the transcripts.

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 on the grounds that (1) the appeals under Appellate Division Docket Nos. 2004-05608, 2004-05742, and 2004-07727 were previously dismissed by decisions and orders on motion of this court dated August 20, 2004, and October 25, 2004, respectively, and this court no longer has the transcripts, and (2) the appellant has been assigned counsel on the appeals under Appellate Division Docket Nos. 2004-05797, 2004-07792, and 2004-08929, and as such, she does not have standing to make this motion.

H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22705

F/

2004-09689 In the Matter of Kevin McElroy, et al., appellants, v Board of Education of Bellmore- Merrick Central High School, respondent. (Index No. 9232/04)

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 30, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22711

F/

2005-01529 In the Matter of State Farm Mutual Automobile Insurance Co., appellant, v Susan Roach, et al., respondents. (Index No. 7094/04)

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 January 5, 2005.

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

M22772

A/sl

THOMAS A. ADAMS, J.P.

BARRY A. COZIER

FRED T. SANTUCCI

REINALDO E. RIVERA, JJ.

2003-09155 In the Matter of Khierk T. (Anonymous). Child Development Support Corporation, respondent; Nabila T. (Anonymous), et al., appellants. (Docket No. B-3548/02)

DECISION & ORDER ON MOTION

Motion by the appellant Nabila T. for leave to appeal to the Court of Appeals from a decision and order of this court, dated November 29, 2004, which determined appeals from an order of the Family Court, Queens County, dated August 29, 2003.

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

ORDERED that the motion is denied.

ADAMS, J.P., COZIER, SANTUCCI and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22744

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-02159 In the Matter of Oscar Villa, appellant, v Monica Castano, respondent. (Docket Nos. V-00919/02, V-07230/02)

DECISION & ORDER ON MOTION

Appeal by Oscar Villa from an order of the Family Court, Queens County, dated February 1, 2005.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the appellant's default (see CPLR 5511).

H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22759

J/sl

2003-04423 The People, etc., respondent, v Jean B. Gilot, appellant. (Ind. No. 02-00291)

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 County Court, Rockland County, rendered April 29, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 19, 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

M22714

A/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-09389 The People, etc., respondent, v Carl T. Morgan, appellant. (Ind. No. 1782/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered October 15, 2003, inter alia, in effect, for leave to reargue a motion for leave to serve and file a supplemental brief, which was determined by decision and order on motion of this court dated January 13, 2005.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22717

PL/sl

2002-05252 The People, etc., respondent, v Stephen C. Noll, appellant. (Ind. No. 2621/00)

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 County Court, Suffolk County, rendered May 30, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 8, 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

M22800

R/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2003-11127 The People, etc., respondent, v Fernando Rincon, appellant. (Ind. No. 2888/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Queens County, rendered December 15, 2003.

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

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

ORDERED that the appellant's time to serve and file a reply brief is enlarged until March 23, 2005, and the reply brief must be served and filed on or before that date.

H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court