APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9738

L/

2003-11112 George Anastacio, respondent, v Arthur Bartone, et al., appellants. (Index No.24545/99)

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 December 2, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9750

L/

2003-08933 Aurora Loan Services, Inc., respondent, v Edward J. Ronan, et al., appellants; Century 23 Realty Corp., nonparty- respondent. (Index No.20101/99)

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 24, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9728

L/

2003-10425 Martha Barker, respondent, v Bernard Harvin, et al., appellants. (Index No. 934/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated September 10, 2003.

Upon the stipulation of the parties, dated March 22, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9723

L/

2003-10345 Pamela Barrington, respondent, v 147th Avenue Realty Associates, et al., appellants, et al., defendant. (Index No. 30990/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated October 9, 2003.

Upon the stipulation of the parties, dated March 24, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9735

L/

2003-11197 Patricia J. Bartek, respondent, v TJX Marmax, Incorporated, d/b/a Marshall's Department Store, appellant. (Index No. 22563-01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 11, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9748

Y/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2003-07255 Mary Brandes, appellant, v Incorporated Village of Lindenhurst, defendant, Dellafranca and Hesse Realty Corporation, respondent. (Index No. 5902/01)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated June 23, 2003, to admit Mary Lisa Sullivan, an attorney in good standing in the State of Illinois pro hac vice as counsel for the respondent.

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 Mary Lisa Sullivan is admitted pro hac vice to represent the respondent on the appeal.

RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9702

PL/sl

2003-07719 Gregory Canonico, respondent, v Beechmont Bus Service, Inc., et al., appellants. (Index No. 7078/00)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 17, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9740

O/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2003-08623 Rose Colombo, appellant, v Michael Schwartz, etc., et al., respondents. (Index No. 12853/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Suffolk County, dated August 28, 2003, as a poor person, to waive the filing fee, for a copy of the transcript without charge, for the assignment of counsel, and to be provided with a psychiatric evaluation report prepared by the respondent Michael Schwartz in 2001, a psychiatric evaluation prepared in 1989, and certain presentence reports. Separate motion by the appellant to to waive the filing fee and service fees. Application by the appellant to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that those branches of the motions which are for a copy of the transcript without charge, to waive the filing fee, to waive service fees, and for the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is to be provided with the psychiatric evaluation report prepared in 2001 is denied without prejudice to seeking any appropriate relief in the Supreme Court, Suffolk County; and it is further,

ORDERED that the application to enlarge the time to perfect the appeal is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until June 1, 2004; and it is further,

ORDERED that the branches of the motion which are to be provided with a psychiatric evaluation prepared in 1989, and certain presentence reports are denied.

H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9744

L/

2004-01546 Patrick Cosgriff, respondent, v Allstate Insurance Company, appellant. (Index No. 8188/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated December 12, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9749

L/

2004-00295 Carlo D'Ambrosi, et al., appellants, v Bay Ridge Nissan, Inc., et al., respondents. (Index No. 11323/01)

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 November 13, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9722

O/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2004-02293 Richard DiMatteo, et al., plaintiffs, v Maimonides Hospital Medical Center, et al., respondents; Arthur Morrison, nonparty appellant. (Index No. 12127/95)

DECISION & ORDER ON MOTION

Motion by the nonparty appellant to stay enforcement of an order of the Supreme Court, Kings County, dated March 16, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that on the court's own motion, the appeal is dismissed without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the motion is denied as academic.

RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9718

L/

2004-00282 Gregory Falgoust, respondent, v Andrea Falgoust, appellant. (Index No.200378/02)

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 January 8, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9747

Y/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

SONDRA MILLER

HOWARD MILLER, JJ.

2002-10018, 2003-01658 Clarence Grey, respondent, v H.E. Kane, appellants. (Index No. 5540/98)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue appeals from two orders of the Supreme Court, Dutchess County, dated October 4, 2002, and January 30, 2003, which were determined by decision and order of this court dated January 12, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9720

L/

2003-10785 Lisa Grippo, respondent, v Miguel Casanas, appellant. (Index No.4248/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 30, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9708

S/sl

2003-06994 Debra Guzov, etc., et al., appellants-respondents, v Manor Lodge Holding Corporation, respondent- appellant, et al., defendants. (Index No. 20800/02)

ORDER ON APPLICATION

ORDERED that the order on application of this court in the above entitled action dated March 1, 2004, is amended by deleting from the preamble and decretal paragraph thereof the words "appellants-respondents" and substituting therefor the words "respondent-appellant".

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9742

L/

2003-07636 HSBC Mortgage Corporation, appellant, v David Oberlander, respondent. (Index No. 10636/02)

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 June 13, 2002.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9714

L/

2003-07898 Frank Iacovino, et al., respondents, v Westchester County Medical Center, appellant. (Index No. 6765/03)

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 August 12, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9732

O/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2004-00878 Calvin Lee, appellant, v Melvin Higgins, respondent. (Index No. 6390/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated December 15, 2003, as a poor person, for a copy of the transcript without charge, to waive the filing fee, 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 for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that those branches of the motion which are for a copy of the transcript without charge, to waive payment of the filing fee, and for the assignment of counsel are denied.

ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9721

L/

2004-02208 Terri E. Lein, respondent, v Bruce N. Lein, appellant. (Index No.12103/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, entered February 23, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9761

S/sl

2003-05578 ORDER ON APPLICATION Kenneth McGovern, et al., appellants, v St. Patrick's Church, et al., respondents. (Index No. 4346/01)

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from an order of the Supreme Court, Westchester County, dated April 28, 2003.

ORDERED that the application is granted and the reply brief shall be filed on or before April 7, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9719

L/

2003-07041 Rosemarie Moise, respondent, v Cherwin Taxi Corporation, et al., defendants, Kanwaljeet Singh, appellant. (Index No. 48135/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 8, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9737

Y/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

BARRY A. COZIER, JJ.

2002-10977, 2002-10978 Kathleen Murphy, respondent-appellant, v Daniel Murphy, appellant-respondent. (Index No. 7177/00)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent, and cross motion by the respondent-appellant, for leave to reargue appeals and cross appeals from a judgment of the Supreme Court, Rockland County, dated August 15, 2002, and an order of the same court dated August 15, 2002, which were determined by decision and order of this court dated January 26, 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 cross motion and the papers filed in relation thereto, it is

ORDERED that the motion and cross motion are denied.

SANTUCCI, J.P., LUCIANO, SCHMIDT and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9746

L/

2003-08745 National Bank of Canada, respondent, v Shimon Dotan, et al., appellants. (Index No. 16928/02 )

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Westchester County, entered August 11, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9734

PL/sl

2003-09211 Dennis A. Pastena, appellant, v Healthnet of the Northeast, Inc., respondent. (Index No. 4868/03)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 3, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9745

O/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2003-10928, 2004-02564 RLI Insurance Company, respondent, v C&A Contracting, Inc., et al., appellants. (Index No. 24845/02)

DECISION & ORDER ON MOTION

Motion by Meier, Franzino & Scher, LLP, the attorney for the appellants, for leave to withdraw as counsel on appeals from an order and a judgment of the Supreme Court, Kings County, dated October 9, 2003, and January 6, 2004, respectively, and to enlarge the time to perfect the appeals.

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

ORDERED that on the court's own motion, the notice of appeal from the order is also deemed to be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,

ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and Meier, Franzino & Scher, LLP, is relieved from representing the appellants with respect to the instant appeals; and it is further,

ORDERED that on or before April 23, 2004, Meier, Franzino & Scher, LLP, is directed to serve its clients 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 appellants, without leave of the court, until the expiration of 30 days after service upon them of a copy of this decision and order; and it is further,

 ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is denied as premature.

H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9716

L/

2003-08877 Rajdip Stationery Corporation, et al., respondents, v New Raja Food, Inc., appellant. (Index No. 11445/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw a judgment of the Supreme Court, Kings County, dated August 12, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9717

L/

2003-10229 Rajesh Ramphal, et al., respondents, v George Zandalasini, et al., respondents- appellants, Andrew Hendry, et al., appellants-respondents. (Index No. 13008/97)

ORDER ON APPLICATION Application to Withdraw Cross Appeal

Application by the respondent-appellant Breeze Point Cooperative, Inc., to withdraw its cross appeal from an order of the Supreme Court, Queens County, dated October 8, 2003.

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

ORDERED that the application is granted and the cross appeal by the respondent-appellant Breeze Point Cooperative, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9731

L/

2003-09438 Errol Rickets, appellant, v Sam's Carpeting Linoleum & Tile Corp., et al., respondents, et al., defendant. (Index No. 10617/00)

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 October 2, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9701

PL/sl

2003-08565 Stella Roberts, respondent, v Ted Roberts, appellant. (Index No. 5608/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Richmond County, dated August 25, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 24, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9715

L/

2003-10856 Michael Rothman, respondent, v NSGX, Inc., et al., appellants. (Index No. 3122/03)

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 November 17, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9730

L/

2003-09702 Rajendra Sanichar, et al., appellants, v Pep Boys, Inc., et al., respondents. (Index No.20776/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated September 15, 2003.

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

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9763

S/sl

2003-06052 Vivian Scarangella, etc., et al., petitioners- respondents, v Anthony Laborde, a/k/a Abdul Majid, etc., appellant; State of New York, intervenor-respondent. (Index No. 3647/02)

ORDER ON APPLICATION

Application by the petitioners-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Dutchess County, dated June 20, 2003.

ORDERED that the application is granted and the petitioners-respondents' time to serve and file a brief is enlarged until April 30, 2004, and the petitioners-respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9753

S/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2004-02425 Seraphima Shagoury, respondent, v Stephen Shagoury, appellant. (Index No. 18409/02)

DECISION & ORDER ON MOTION

Appeal by Stephen Shagoury from an order of the Supreme Court, Queens County, dated February 20, 2004.

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

ORDERED that the appellant's notice of appeal is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c]).

RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9724

L/

2003-09492 Gurpreet Singh , appellant, v Zulfiqar Ali Bhatti, et al., respondents. (Index No. 26920/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated August 21, 2003.

Upon the stipulation of the parties, dated March 22, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9743

Y/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2004-01763 Sook Cha Park, plaintiff, v Chong Hwan Park, defendant. (Index No. 20583/03)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from a decision of the Supreme Court, Westchester County, dated February 6, 2004, and to stay enforcement of the decision pending the hearing and determination of the appeal. Cross motion by the plaintiff for an attorney's fee, costs, and the imposition of a sanction.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as no appeal lies from a decision (see Schicchi v Green Constr. Corp. 100 AD2d 509); and it is further,

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

ORDERED that the cross motion is denied.

RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9711

E/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-09998 In the Matter of Allstate Insurance Company, appellant, v Faustino Albino, et al., respondents. (Index No. 17815/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated September 18, 2003, for a reconstruction hearing regarding a missing exhibit, the affidavit of the reporting police officer, which was submitted to the Supreme Court, Queens County, in connection with the motion which resulted in the order on appeal.

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

ORDERED that the motion is granted, and the matter is referred to the Supreme Court, Queens County, to hold a reconstruction hearing in connection with the above referenced exhibit.

ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9699

J/sl

2003-10754 In the Matter of Maria del Carmen, respondent, v Brentwood Union Free School District, appellant. (Index No. 16839/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated November 5, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 5, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the appellant's reply brief must be served and filed on or before April 15, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9752

S/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

GLORIA GOLDSTEIN, JJ.

2003-10028 In the Matter of Scott B. Feiden, admitted as Scott Bruce Feiden, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Scott B. Feiden, respondent.

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 30, 2004, in the above-entitled proceeding is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the Grievance Committee for the Ninth Judicial District (1) pursuant to 22 NYCRR 691.4(l)(1)(i) and (iii) to suspend the respondent from the practice of law, upon a finding that he is guilty of conduct immediately threatening the public interest based on his failure to cooperate with the Grievance Committee and uncontroverted evidence of professional misconduct and (2) for authorization to institute and prosecute a disciplinary proceeding against him. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 13, 1988, under the name Scott Bruce Feiden.

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

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

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i) only, the respondent, Scott B. Feiden, admitted as Scott Bruce Feiden, is immediately suspended from the practice of law in the State of New York, pending further order of this court; and it is further,

ORDERED that Scott B. Feiden shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 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, Scott B. Feiden, 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 himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED the the Grievance Committee for the Ninth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court against the respondent; 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 its receipt of this decision and order on motion, the petitioner shall serve a petition upon the respondent and the Special Referee, and shall file a copy of the same in the office of the Clerk of this court; and it is further,

ORDERED that within 10 days after service upon him of a petition, the respondent shall serve an answer upon the petitioner and the Special Referee, and shall file a copy of the same in the office of the Clerk of this court; and it is further,

ORDERED that the issues raised by the petition and answer are referred to the Honorable William C. Thompson, a retired Associate Justice of the Appellate Division, Second Judicial Department, c/o Ross & Hill, P.C., 16 Court Street, Suite 2403, Brooklyn, N.Y. 11201, as Special Referee to hear and report; and it is further,

ORDERED that if Scott B. Feiden, admitted as Scott Bruce Feiden, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and Scott B. Feiden, admitted as Scott Bruce Feiden, shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10 (f).

We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based upon his failure to answer two complaints and his failure to submit requested information in connection with a third complaint.

The Grievance Committee opened a sua sponte complaint against the respondent based on notification from the Lawyers' Fund for Client Protection that a check in the amount of $48,200, drawn on the respondent's escrow account, was presented for payment on August 20, 2002, and returned due to unavailable funds.

By letter dated September 13, 2002, the respondent was advised of the sua sponte complaint and asked to submit an answer thereto within 20 days. The respondent submitted an answer in which he maintained that the check in question had been dishonored as a result of the bank's failure to credit a deposit. He also submitted copies of his bookkeeping records for the six-month period preceding the check's dishonor.

An accounting was prepared based on the records submitted by the respondent. He was subsequently asked to submit additional information regarding various withdrawals from the account, among other things. He submitted a partial response in which he attributed most of the withdrawals to fees. To date, he has not fully responded to the Grievance Committee's request for additional information.

The Grievance Committee opened another sua sponte complaint against the respondent based on notification from the Lawyers' Fund for Client Protection that a check in the amount of $30,650, drawn on the respondent's escrow account, was presented for payment on June 9, 2003, and returned due to insufficient funds.

By letter dated July 22, 2003, the respondent was advised of the sua sponte complaint and asked to submit an answer thereto within 20 days. The letter, which was sent by both regular and certified mail, return receipt requested, was signed for by Larraine Feiden on July 25, 2003. The respondent failed to submit an answer. By letter dated August 5, 2003, the Grievance Committee was advised that the respondent had retained counsel, and the Grievance Committee granted him an extension of time until the end of August 2003 to submit an answer. The respondent failed to submit an answer to the second sua sponte complaint despite repeated assurances from his counsel that he would do so.

The Grievance Committee received a complaint from Diane BonGiovanni and Joseph BonGiovanni in which they alleged that the respondent, inter alia, had failed to account for funds with which he was entrusted in connection with his representation of them.

By letter dated September 9, 2003, the complaint was sent to the respondent, and he was asked to submit an answer thereto within 10 days. No response was received. By letter dated October 8, 2003, a second copy of the complaint was sent to the respondent by certified mail, return receipt requested. The certified letter was signed for on October 10, 2003. To date, no response has been received.

In view of the foregoing, the Grievance Committee's motion is granted, without opposition. The respondent is immediately suspended from the practice of law based on his failure to cooperate with the Grievance Committee's investigation, and the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against him.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9712

L/

2004-00410 In the Matter of Manider Kaur, respondent, v Balwinder Singh, appellant. (Docket No. O-14331-03 )

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated December 16, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9713

L/

2003-07831 In the Matter of Rabab H. Khattab, respondent, v Hassan Khattab, appellant. (Docket No. F-75-03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9725

O/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2003-11371 In the Matter of Alphonse Malangone, respondent, v Lori Janczewski, appellant. (Docket No. F-15712/02)

DECISION & ORDER ON MOTION

Appeal by Lori Janczewski from an order of the Family Court, Suffolk County, dated November 18, 2003. By order to show cause dated March 1, 2004, the parties or their attorneys were 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 a scheduling order dated January 16, 2004, issued pursuant to 22 NYCRR 670.4(a). Application by the appellant to withdraw the appeal.

Now, on the court's own motion and upon the papers filed in support of the application, and no other papers having been filed in opposition or relation thereto, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the order to show cause is denied as academic.

H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9733

O/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2004-01476 In the Matter of Hassan Mohamed, etc., appellant, v Glenn S. Goord, etc., respondents. (Index No. 2221/93)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated January 16, 2004, as a poor person, for a copy of the transcript without charge, to waive the filing fee, 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 branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that those branches of the motion which are for a copy of the transcript without charge, to waive of the filing fee, and for the assignment of counsel are denied.

ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9710

E/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-09974 In the Matter of Jeffrey Pollock, respondent, v Janice Vega, appellant. (Docket Nos. V-2972/99, V-1111/99)

DECISION & ORDER ON MOTION

Appeal by Janice Vega from an order of the Family Court, Queens County, dated October 24, 2003. By order to show cause dated March 1, 2004, the parties or their attorneys were 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 a scheduling order dated January 5, 2004, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 5, 2004 (see 22 NYCRR 670.4[5]).

ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9698

S/sl

2003-09574 In the Matter of Star Rubbish Removal Corp., petitioner, v Raymond P. Martinex, respondent. (Index No. 14597/03)

ORDER ON APPLICATION

Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated September 29, 2003.

ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until April 26, 2004, and the record or appendix and the petitioner's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENTM9736

O/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

1995-08872 The People, etc., respondent, v Javier Card, appellant. (Ind. No. 5797/91)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered September 5, 1995, for a reconstruction hearing with regard to the sentencing proceedings which occurred on September 5, 1995.

ORDERED that the motion is granted, and the matter is referred to the Supreme Court, Kings County, for a reconstruction hearing with respect to the sentencing proceedings conducted in the above-entitled case on September 5, 1995; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two typewritten transcripts of the stenographic minutes of the reconstruction hearing, once said hearing has been completed, and the Clerk of the trial court shall furnish one of those certified transcripts to the appellant's counsel, without charge (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 appellant's counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9697

S/sl

2003-03221 The People, etc., respondent, v Clyde Purnell, appellant. (Index No. 2965/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the County Court, Suffolk County, rendered March 4, 2003.

ORDERED that the application is denied without prejudice to making a motion for the same relief (see 22 NYCRR 670.8[d]).

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9739

O/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2004-02053 People ex rel. Nathaniel Jay, petitioner, v Sheriff Riley, etc., respondent.

DECISION & ORDER ON MOTION

Application by the petitioner for a writ of habeas corpus and for poor person relief.

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

ORDERED that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,

ORDERED that the branch of the application which is for a writ of habeas corpus is denied and the petition is dismissed, without costs or disbursements.

RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk