Appellate Division: Second Judicial Department

M22833

S/sl

2004-08271 A.F.C. Enterprises, Inc., respondent, v City of New York School Construction Authority (Maxwell High School), appellant. (Index No. 15956/96)

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, Queens County, dated August 27, 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

M22776

A/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-07356 Roger Baillargeon, et al., respondents, v Kings County Waterproofing Corp., et al., defendants, Gordon H. Smith Corporation, appellant (and another action). (Index No. 50648/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 6, 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 is enlarged until April 15, 2005, and the record or appendix on the appeal and the appellant'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

M22754

R/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-07523 Carmen Batista, respondent, v KFC National Management Company, etc., et al., appellants. (Index No. 22901/00)

DECISION & ORDER ON MOTION

Motion by the appellant KFC National Management Company to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated June 18, 2004.

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

ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeals.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22899

O/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2004-08628 Ryszard Bierc, et al., plaintiffs-appellants-respondents, v Prospect Park Venture Group, LLC, defendant third-party plaintiff-respondent-appellant; R.M. General Contractor Corp., third-party defendant- appellant-respondent. (Index No. 19743/02, 76042/02)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-appellant-respondent 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 July 30, 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., S. MILLER, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22826

S/sl

2004-07040, 2005-01312 Bernadette Corrigan, appellant, v Spring Lake Building Corporation, et al., respondents. (Index No. 5606/02)

ORDER ON APPLICATION

Application by the respondents Birchwood at Spring Lake Homeowners Association, Inc., and Kaled Management Corporation pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from an order of the Supreme Court, Suffolk County, dated June 24, 2004, and a judgment of the same court dated September 13, 2004.

ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until April 11, 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

M22849

L/

2003-10177 Gerald Coviello, et al., appellants-respondents, v J. J. Sisca Construction Corp., et al., defendants- respondents, J. L. G. Industries, Inc., defendant respondent-appellant, Albany Ladder Company, Inc., s/h/a Albany Ladder, Inc., et al., defendants third- party-plaintiffs respondents-appellants; Lakeview Associates, LLC, third-party defendant respondent- appellant. (Index No. 17236/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant Lakeview Associates, LLC, to withdraw its cross appeal from an order of the Supreme Court, Westchester County, dated October 24, 2004.

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

ORDERED that the application is granted and the cross appeal by Lakeview Associates, LLC, is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22850

L/

2003-10177 Gerald Coviello, et al., appellants-respondents, v J. J. Sisca Construction Corp., et al., defendants- respondents, J. L. G. Industries, Inc., defendant respondent-appellant, Albany Ladder Company, Inc., s/h/a Albany Ladder, Inc., et al., defendants third- party-plaintiffs respondents-appellants; Lakeview Associates, LLC, third-party defendant respondent- appellant. (Index No. 17236/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant J.L.G. Industries, Inc., to withdraw its cross appeal from an order of the Supreme Court, Westchester County, dated October 24, 2004.

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

ORDERED that the application is granted and the cross appeal by J.L.G. Industries, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22753

R/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-01834 Donna Crockett, et al., respondents, v Mid-City Management Corporation, defendant, Mid-State Management Corporation, appellant. (Index No. 23819/00)

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 a judgment of the Supreme Court, Queens County, entered February 24, 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 the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 14, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 14, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22898

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00051 Johnny Cruz, et al., respondents, v Robert E. Lee, et al., appellants. (Index No. 8762/03)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants for leave to withdraw their respective appeals from an order of the Supreme Court, Nassau County, dated November 16, 2004.

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

ORDERED that the applications are 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

M22784

M/nal

2005-01082 Steven DiGiorgi, appellant, v Carolyn DiGiorgi, respondent. (Index No. 23320-01)

ORDER TO SHOW CAUSE

Appeal by Steven DiGiorgi from an order of the Supreme Court, Suffolk County, dated December 22, 2004. By scheduling order dated February 10, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated February 10, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 31, 2005; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22847

J/sl

2004-08233 Alty Ferguson, et al., appellants, v Claudette W. Layne, et al., respondents. (Index No. 28981/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 12, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 12, 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

M22839

J/sl

2004-08229 Migdalia Flores, plaintiff-respondent, v Jeffrey M. Brown Construction Associates, et al., defendants third-party plaintiffs-appellants, et al., defendant; Saratoga Security Services, Inc., third-party defendant-respondent (and another third-party action). (Index Nos. 22883/99, 75364/00, 75508/01)

ORDER ON APPLICATION

Applications by the appellants 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 July 15, 2004.

ORDERED that the applications are granted and the appellants' time to perfect the appeals is enlarged until May 2, 2005, and the joint record or joint appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22832

S/sl

2004-09289 Marcel Garcia, et al., respondent, v David Matheis, et al., defendants, Moustafa Hamcho, appellant. (Index No. 33260/00)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 6, 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

M22851

F/

2005-00765 Wayne Garrison, et al., respondents, v James L. Wadleigh, et al., appellants. (Index No. 1450/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a decision of the Supreme Court, Rockland County, dated January 3, 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

M22835

S/sl

2004-08493 Graphic Arts, Inc., appellant, v Park Lane Operating Corp., respondent. (Index No. 6748/04)

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.

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

M22860

L/

2005-00441 Douglas Green, et al., respondents, v Dominic Patafio, et al., appellants (and a third-party action). (Index No. 8739/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22848

J/sl

2004-07295 Raymond R. Hamilton, et al., appellants, v Corona Ready Mix, Inc., respondent. (Index No. 4883/04)

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, Kings County, dated June 29, 2004.

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

M22897

L/

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-04205 Marguerite Martinek, appellant, v Ryder Truck Rental, Inc., et al., respondents. (Index No. 17190/02)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 13, 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 deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22871

L/

2004-07941 Mayfair Ship Supplies, Inc., appellant, v Gordon Myers, et al., respondents; et al., defendants. (Index No. 10054/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 27, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22836

S/sl

2004-06871 Margarita Morales, etc., et al., respondents, v Shelter Express Corporation, et al., appellants, et al., defendant. (Index No. 1800/02)

ORDER ON APPLICATION

Application by the appellant City of New York pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, dated June 22, 2004.

ORDERED that the application is granted and the appellants' time to perfect their respective appeals is enlarged until April 25, 2005, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22829

S/sl

2004-08492 One Beacon Insurance, f/k/a CGU Insurance Companies, etc., et al., respondents, v City of White Plains, appellant, et al., defendants. (Action No. 1) (Index No. 10810/02) Broadmar Company, LLC., respondent, v City of White Plains, appellant, et al., defendant. (Action No. 2) (Index No. 2396/02)

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 September 3, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 16, 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

M22863

L/

2004-09376 P.A.L. Environmental Safety Corporation, respondent, v Richardson & Lucas, et al., appellants. (Index No. 16509/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 28, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22865

L/

2004-08483 Pinnacle-Westchester, LLC, appellant, v F&J Continental Food Corporation, et al., respondents. (Index No. 784/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 9, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22130

R/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-11086, 2004-11089 Pocantico Home & Land Company, LLC, plaintiff-appellant, et al., plaintiffs, v Union Free School District of the Tarrytowns, et al., defendants-appellants. (Index No. 4870/04)

DECISION & ORDER ON MOTION

Motion by the New York State School Boards Association, Inc., for leave file an amicus curiae brief on appeals from an order and judgment (one paper) of the Supreme Court, Westchester County, entered December 13, 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 the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before April 6, 2005; and it is further,

ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,

ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 10 days after service upon them of the amicus curiae brief.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22801

A/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-03823 Russell Porter, et al., appellants, v Thomas H. Milhorat, etc., et al., respondents. (Index No. 28681/99)

DECISION & ORDER ON MOTION

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

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

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

ORDERED that the appellants' time to perfect the appeal is enlarged until April 26, 2005, and the record or appendix on the appeal and the appellants' 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

M22853

L/

2004-11041 Anita Raclaw, et al., appellants, v City of New York, et al., respondents. (Index No. 5043/03)

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 September 24, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22866

L/

2005-00022 Lois M. Rich, respondent, v Victor S. Rich, appellant. (Index No. 12349/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 9, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22868

L/

2005-01908 Lois M. Rich, respondent, v Victor S. Rich, appellant. (Index No. 12349/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a decision of the Supreme Court, Westchester County, dated February 22, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22845

J/sl

2004-08179 Ellen Anne Riley, appellant, v Home Depot USA, Inc., respondent. (Index No. 20905/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 11, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 16, 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

M22858

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-05316 Linda Savage, et al., respondents, v Allan Dampf, appellant. (Index No. 29287/97)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an amended judgment of the Supreme Court, Nassau County, dated January 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 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

M22824

S/sl

2004-06243 C. Richard Stafford, appellant, v Robert H. Reiner, et al., respondents. (Index No. 5296/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated June 16, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before March 22, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22713

F/

2005-00384 Michael Urbanick, appellant-respondent, v Saks Incorporated, et al., defendants respondents- appellants; 10 East 50th Street Building Company, LLC, defendant-respondent; J. Tucci Construction, defendant third-party plaintiff respondent-appellant; Del Electrical Corp., third party defendant-respondent. (Index No. 9983/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent Michael Urbanick to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 20, 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 by the appellant-respondent Michael Urbanick is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22862

L/

2004-10914 Dean Valencic, respondent, v Tallwoods Development Corporation, defendant, David Zackrison, et al., appellants. (Index No. 284/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated October 25, 2004.

Upon the stipulation of the parties, dated January 28, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22837

S/sl

2004-02337 Wagner College, et al., respondents, v Ace America Insurance Company, appellant. (Index No. 12662/00)

ORDER ON APPLICATION

Application by the respondent Wagner College pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to server and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated October 2, 2003.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until April 13, 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

M22779

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-01394 In the Matter of Ernest Abranko, appellant, v Madelyn Vargas, respondent. (Docket Nos. V-10509-04, V-10510-04)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated January 18, 2005, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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:

Joseph Vozza, Esq.

43 Ireland Place

Amityville, New York 11701

(631) 264-0600

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22777

M/nal

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

SCHEDULING ORDER

Appeal by Idrissa Sparks from an order of the Family Court, Westchester County, dated December 2, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 15, 2004. The law guardian's brief was served and filed on January 27, 2005, and the respondent's brief was served and filed on February 11, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to serve and file a reply brief on the appeal is enlarged until March 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22773

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-00935 In the Matter of Christopher B. (Anonymous). Suffolk County Department of Social Services, respondent; Norma N. (Anonymous), appellant. (Docket No. N-20629-03)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, entered April 27, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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 m intues 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:

Donald Card, Esq.

P.O. Box 1599

Shelter Island, New York 11964

(631) 974-3149

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22841

M/nal

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2003-10183 In the Matter of Theresa Cancilla, appellant, v Peter V. Cancilla, respondent. (Docket No. F-1244/01)

SCHEDULING ORDER

Appeal by Theresa Cancilla from an order of the Family Court, Nassau County, dated October 8, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 26, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until May 13, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22896

L/

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-01708, 2004-01711, 2004-06149, 2004-06150 In the Matter of Chabad Lubavitch of Fort Lauderdale, respondent, v Menachem M. Wilhelm, appellant. (Index No. 18022/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw appeals from two orders of the Supreme Court, Kings County, dated October 23, 2003, and March 31, 2004, respectively, and two judgments of the same court dated November 24, 2003, and May 21, 2004, respectively.

Upon the stipulation of the attorneys for the respective parties, dated March 11, 2005, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22797

M/nal

2004-10296 In the Matter of Justina Rose D. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Charlotte D. (Anonymous) et al., appellants. (Docket Nos. B-3636-04, B-3638-04)

SCHEDULING ORDER

On the court's own motion, it is

ORDERED that the scheduling order dated March 9, 2005, in the above-entitled proceeding is amended to reflect, in the first paragraph thereof, that appeals in the proceeding were taken by Howard D. and Charlotte D.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22787

M/nal

2004-07031 In the Matter of Tamara E. (Anonymous), appellant. (Docket No. E-1329/04)

SCHEDULING ORDER

Appeal by Tamara E. from an order of the Family Court, Kings County, dated July 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 24, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until April 8, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22813

M/nal

2005-01272 In the Matter of Joseph Fallarino, respondent, v Sharon Ayala, appellant. (Proceeding No. 1) In the Matter of Sharon Ayala, appellant, v Joseph Fallarino, respondent. (Proceeding No. 2) (Docket No. V-3132/02)

ORDER TO SHOW CAUSE

Appeal by Sharon Ayala from an order of the Family Court, Nassau County, dated December 20, 2004. By scheduling order dated February 10, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated February 10, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 31, 2005; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22771

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-08971 In the Matter of Cory Fauconier, appellant, v Delsa Fauconier, respondent. (Docket No. F-1485-00)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Richmond County, dated April 1, 2004, as a poor person, and for the assignment of counsel.

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

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

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

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues 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:

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11201

(718) 624-9391

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22012

M/nal

2004-03253, 2004-05793 In the Matter of George Gittens, appellant, v Michele Chin-On, respondent. (Docket No. V-10179/00)

SCHEDULING ORDER

Appeals by George Gittens from two orders of the Family Court, Kings County, dated March 9, 2004, and June 22, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on October 25, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until March 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22818

M/nal

2004-08688 In the Matter of Jane Grosso, respondent, v Michael Grosso, appellant. (Docket No. F-20666-03)

SCHEDULING ORDER

Appeal by Michael Grosso from an order of the Family Court, Suffolk County, dated August 26, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 6, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until March 25, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22852

F/

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-09432 In the Matter of Antonio I. (Anonymous). Suffolk County Department of Social Services, respondent; Kathleen I. (Anonymous), et al., appellants. (Docket Nos. B-20949-03, B-20950-03, B-20951-03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated February 10, 2005, is recalled and vacated and the following decision and order on motion is substituted therefore:

Motion by the counsel assigned to represent the appellant Kathleen I. in a proceeding before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute an appeal from a decision of the Family Court, Suffolk County, dated October 19, 2004, and for leave to the appellant to prosecute the appeal as a poor person.

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

ORDERED that the notice of appeal from the decision dated October 19, 2004, is deemed to be a premature notice of appeal from an order of the Family Court, Suffolk County, dated November 1, 2004 (see CPLR 5520[c]); and it is further,

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

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

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

ORDERED that the stenographers(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 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and clerk of the Family Court shall furnish one of such certified transcripts to the counsel for Kathleen I., 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 for Kathleen I. 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 Kathleen I.'s brief upon those parties; and it is further,

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

Del Atwell, Esq.

P.O. Box 2516

Montauk, New York 11954

(631) 267-2067

and it is further,

ORDERED that the assigned counsel for Kathleen I. 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.

H. MILLER, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22774

M/nal

2004-02522, 2004-02524 In the Matter of Shondel Jackson, respondent, v Mark DeSouza, appellant. (Docket No. P-06630/00)

SCHEDULING ORDER

Appeals by Mark DeSouza from two orders of the Family Court, Kings County, dated October 20, 2003, and February 16, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on November 5, 2004, the respondent's brief was served and filed on February 24, 2005, and the law guardian's brief was served and filed on February 28, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to serve and file a reply brief on the appeals is enlarged until March 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial DepartmentM22834

O/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2005-01016 In the Matter of Myrdith Leon-McCormack, respondent, v Darren Morris, appellant. (Docket No. F-3850/99)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated March 3, 2005, is recalled and vacated and the following decision and order on motion is substituted therefore:

Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Kings County, dated January 6, 2005, pending hearing and determination of an appeal therefrom, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is to stay enforcement of the order dated January 6, 2005, is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 25, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 25, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person, and for the assignment of counsel are 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 the above-mentioned transcripts shall be provided expeditiously; and it further,

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

David Laniado, Esq.

189 Montague Street - Suite 303

Brooklyn, New York 11201

(718) 246-9444

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 the motion is otherwise denied; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22737

E/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-01742 In the Matter of Lloyd M. (Anonymous). Administration for Children's Services, appellant; Tiwana J. (Anonymous), et al., respondents. (Docket No. N-1506/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated February 23, 2005, to stay enforcement of the order and to direct that the subject child be remanded to its custody pending hearing and determination of the appeal.

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

ORDERED that the motion is granted and enforcement of the order dated February 23, 2005, is stayed and the subject child is remanded to the appellant's custody pending hearing and determination of the appeal, on condition that the appeal is perfected on or before April 15, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 15, 2005, the court, on its own motion, may vacate the stay and the remand, or the respondent may move to vacate the stay and the remand, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22815

M/nal

2005-01118 In the Matter of Sanjeeda M. (Anonymous). Administration for Children's Services, respondent; Karibul M. (Anonymous), appellant. (Docket No. N- 31158/03)

ORDER TO SHOW CAUSE

Appeal by Karibul M. from an order of the Family Court, Kings County, dated January 6, 2005. By scheduling order dated February 10, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated February 10, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 31, 2005; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22814

M/nal

2005-01278, 2005-01280, 2005-01281, 2005-01282 In the Matter of Stacey Montesano, respondent, v Anthony V. Montesano III, appellant. (Docket No. F-14998-03)

ORDER TO SHOW CAUSE

Appeals by Anthony V. Montesano III from four orders of the Family Court, Nassau County, three dated May 20, 2004, and one dated January 13, 2005, respectively. By scheduling order dated February 10, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling order dated February 10, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 31, 2005; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22788

M/nal

2003-06350 In the Matter of Jennifer R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Gordana K. (Anonymous), appellant; Steven R. (Anonymous), respondent. (Proceeding No. 1) (Docket Nos. N-2457-99, N-2458-99) In the Matter of Steven R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Gordana K. (Anonymous), appellant; Steven R. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. N-2461-99, N-2462-99)

SCHEDULING ORDER

Appeal by Gordana K. from an order of the Family Court, Suffolk County, dated June 10, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 12, 2004, and the respondent's brief was served and filed on March 8, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until March 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22857

L/

2004-07384 In the Matter of Jennifer S. (Anonymous). Patricia S. (Anonymous), appellant; Alexander S. (Anonymous), et al., respondents. (Index No. 18953/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 20, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22855

L/

2004-06300 In the Matter of Frank Soranno, deceased. Sister Eileen Lawlor, appellant; Peter Muscianisi, et al., respondents. (File No. 320291)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a decree of the Surrogate's Court, Nassau County, dated July 1, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22770

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-10399 In the Matter of Antonio Vega, respondent, v Rosaicela Mora Diaz, appellant. (Docket Nos. V-433-03, V-434-03)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Rockland County, dated October 28, 2004, as a poor person, and for the assignment of counsel.

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

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

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

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues 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:

John Schwarz, Esq.

103 Washington Avenue

Suffern, New York 10901

(845) 357-7700

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M22761

F/

SONDRA MILLER, J.

2005-01094 The People, etc., plaintiff, v Benjamin Anderson, defendant. (Ind. No. 4126/93)

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 December 7, 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.

SONDRA MILLER

Associate Justice

Appellate Division: Second Judicial Department

M22822

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2003-02464 The People, etc., respondent, v Lessie Anderson, appellant. (Ind. No. 7502/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion of this court, dated January 28, 2005, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 21, 2002, is recalled and vacated; and it is further,

ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.

The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22828

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-01096 The People, etc., respondent, v Alberto Aviles, appellant. (Ind. No. 103/04)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Dutchess County, rendered December 16, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

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

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

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

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

and is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 0058

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M22892

F/

THOMAS A. ADAMS, J.P.

SONDRA MILLER

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-05635 The People, etc., respondent, v Vilair Fonvil, appellant. (Ind. No. 01-00233)

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

Renewed motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Rockland County, rendered December 11, 2003, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.

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

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

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

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

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

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

William A. Gerard, Esq.

71 Woods Road

P.O. Box 717

Palisades, New York 10964

Appellate Division: Second Judicial Department

M22854

L/

2003-03995 The People, etc., respondent, v Joseph Gordon, appellant. (Ind No. 33/93)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Putnam County, dated February 14, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22831

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-01074 The People, etc., respondent, v Anthony Grice, appellant. (S.C.I. No. 2455/04)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered January 18, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

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

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

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

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

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

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

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

Marianne Karas, Esq.

Box 277

Armonk, New York 10504

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M22825

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2002-04908 The People, etc., respondent, v Christopher Jackson, appellant. (Ind. No. 01-00444)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an

appeal from a judgment of the County Court, Orange County, rendered May 15, 2002.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M22763

F/

REINALDO E. RIVERA, J.

2005-01143 The People, etc., plaintiff, v Leroy Jones, defendant. (Ind. No. 7558/98)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated December 20, 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.

REINALDO E. RIVERA

Associate Justice

Appellate Division: Second Judicial Department

M22893

F/

THOMAS A. ADAMS, J.P.

SONDRA MILLER

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-04652 The People, etc., respondent, v Vaughn Jones, appellant. (Ind. No. 1578/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 20, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 3065

Elmira Corr. Fac.

Box 500

Elmira, New York 14902

Appellate Division : Second Judicial Department

M22765

F/

REINALDO E. RIVERA, J.

2005-01433 The People, etc., plaintiff, v Lawrence Lindlau, defendant. (Ind. No. 2532-02)

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 County Court, Suffolk County, dated September 18, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

REINALDO E. RIVERA

Associate Justice

Appellate Division: Second Judicial Department

M22894

F/

THOMAS A. ADAMS, J.P.

SONDRA MILLER

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2004-10331 The People, etc., plaintiff, v Elving Matos, defendant. (Ind. No. 640-03)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment

Renewed motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered February 23, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 0797

Franklin Corr. Fac.

62 Bare Hill Road - Box 10

Malone, New York 12953

Appellate Division: Second Judicial Department

M22870

L/

2002-06589 The People, etc., respondent, Robert Mero, appellant. (Ind No. 3434/01 )

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme court, Queens County, rendered July 9, 2002.

Upon the stipulation of the parties, dated February 28, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22827

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2003-06126 The People, etc., respondent, v Chuks Nwogu, appellant. (Ind. No. 03-00068)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered October 16, 2003.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22768

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-05744 The People, etc., respondent, v Shawn Owens, appellant. (Ind. No. 4805/03)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered June 16, 2004.

On the court's own motion, it is

ORDERED that the law firm of Chadbourne & Parke, 30 Rockefeller Plaza, New York, New York 10112 , having volunteered to serve, without compensation, is assigned jointly with, and under the supervision of Lynn W. L. Fahey, Esq., Appellate Advocates to prosecute said appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22838

J/sl

2002-06976 The People, etc., respondent, v Mark Petronio, appellant. (Ind. No. 1278/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the County Court, Nassau County, rendered July 24, 2002.

ORDERED that the application is granted and the reply brief shall be served and filed on or before April 11, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M22767

F/

ROBERT A. LIFSON, J.

2005-01150 The People, etc., plaintiff, v Victor Quan, a/k/a Victor Bernard, defendant. (Ind. No. 3116/02)

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 November 9, 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.

ROBERT A. LIFSON

Associate Justice

Appellate Division: Second Judicial Department

M22891

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-03689 The People, etc., respondent, v Luis Reyes, appellant. (Ind. No. 6925/03)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered April 13, 2004.

On the court's own motion, it is

ORDERED that the law firm of Arnold & Porter, LLP, 399 Park Avenue, New York, New York 10022 , having volunteered to serve, without compensation, is assigned jointly with, and under the supervision of, Lynn W. L. Fahey, Esq., Appellate Advocates to prosecute said appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M22507

F/

DAVID S. RITTER, J.

2004-11145 The People, etc., plaintiff, v Francis X. Smith, defendant. (Ind. No. 5429/86)

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 County Court, Nassau County, dated November 3, 2004, denying the defendant's motion to vacate a judgment of the Supreme Court, Queens County, rendered September 9, 1987, 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.

DAVID S. RITTER

Associate Justice