Appellate Division: Second Judicial Department

M23480

E/nal

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2004-09831 Nancy Arrigo, respondent, v Christopher Arrigo, appellant. (Index No. 3070/01)

DECISION & ORDER ON MOTION

Motion by DelBello Donnellan Weingarten Tartaglia Wise & Wiederkehr, LLP, for leave to withdraw as counsel for the appellant on an appeal from a judgment of the Supreme Court, Westchester County, dated September 27, 2004, and to enlarge the time for the appellant to perfect the appeal.

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

ORDERED that the branch of the motion which is for leave to withdraw is granted, and DelBello Donnellan Weingarten Tartaglia Wise & Wiederkehr, LLP, is relieved from representing the appellant on the appeal; and it is further,

ORDERED that DelBello Donnellan Weingarten Tartaglia Wise & Wiederkehr, LLP, shall serve a copy of this decision and order upon the appellant on or before April 18, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted to the extent that the appellant's time to perfect the appeal is enlarged until May 31, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FLORIO, J.P., ADAMS, LUCIANO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23470

R/nal

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2004-04469 Michael Bourbakis, respondent, v Jacek Boron, et al., appellants, et al., defendants. (Index No. 10913/02)

DECISION & ORDER ON MOTION

Motion by the respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 30, 2004.

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

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

FLORIO, J.P., ADAMS, LUCIANO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23478

S/nal

2004-01944, 2004-10848 Chase Manhattan Mortgage Corporation, plaintiff, v Rachamin Anatian, et al., defendants, Yona Dorit Anatian, et al., defendants-respondents; Bedford Park Development Corp., intervenor respondent-appellant; Interboro Equities, LLC, et al., nonparty appellants- respondents. (Action No. 1) Chase Manhattan Mortgage Corporation, plaintiff, v Rachamin Anatian, et al., defendants, Yona Dorit Anatian, et al., respondents; David Krinsky, et al., nonparty-appellants. (Action No. 2) (Index No. 29880/98)

ORDER ON APPLICATION

Application by the defendant-respondent Yona Dorit pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief to the amicus curiae brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 5, 2003, and an appeal from an order of the same court dated November 8, 2004.

ORDERED that the application is granted and the movant's reply brief shall be served and filed on or before April 8, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23492

J/nal

2003-10046, 2004-04823 Luis Coque, plaintiff-respondent, v Wildflower Estates Developers, Inc., defendant third-party plaintiff respondent-appellant, Classic Construction, defendant appellant-respondent; City Wide Building Corp., third-party defendant appellant-respondent (and another third-party action). (Index No. 18365/01)

ORDER ON APPLICATION

Application by all parties pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs in reply to the intervenor's brief on appeals and a cross appeal from two orders of the Supreme Court, Queens County, dated October 9, 2003, and April 30, 2004, respectively.

ORDERED that the application is granted and the reply briefs shall be served and filed on or before April 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23481

PL/nal

2004-01973 Timothy Farmer, et al., respondents, v City of New York, et al., defendants, Chor Fai Li, et al., appellants. (Appeal No. 1) 2004-04816 Timothy Farmer, et al., respondents-appellants, v City of New York, appellant-respondent, Chor Fai Li, et al., respondents. (Appeal No. 2) 2004-09418 Timothy Farmer, et al., respondents, v City of New York, respondent, Chor Fai Li, et al., appellants, et al., defendants. (Appeal No. 3) (Index No. 643/02)

ORDER ON APPLICATION

Application by the respondent Charles Scaturo & Sons pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Queens County, dated January 30, 2004, and October 15, 2004, respectively, and an appeal and cross-appeal from an order of the same court dated April 29, 2004.

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

M23468

R/nal

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2003-10054 General Motors Acceptance Corporation, respondent, v Grade A Auto Body, Inc., defendant, Amelia S. Cavanaugh, appellant. (Index No. 12093/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated July 29, 2003.

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

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

ORDERED that the respondent's time to serve and file a brief is enlarged until April 15, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

FLORIO, J.P., ADAMS, LUCIANO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23466

R/nal

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-01176, 2004-03838 Barbara Purpura, respondent, v Nicholas E. Purpura, appellant. (Index No. 5769/85)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order and judgment of the Supreme Court, Richmond County, dated January 21, 2004, and April 15, 2004, respectively, in effect, to stay the sale of the parties' former marital residence pending hearing and determination of the appeals.

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 sale of the parties' former marital residence is stayed pending hearing and determination of the appeals.

FLORIO, J.P., LUCIANO, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23474

PL/nal

2005-02022, 2005-02023 Matter of Croton Watershed Clean Water Coalition, Inc., et al., appellants, v New York City Department of Environmental Protection, et al., respondents.

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from a decision and a judgment of the Supreme Court, Queens County, dated January 24, 2004, and March 1, 2004, respectively.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 9, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23523

L/

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2003-09672 In the Matter of Delaurie Associates, petitioner, v Raymond Martinez, etc., respondent. (Index No. 15439/03)

ORDER ON APPLICATION Withdraw Proceeding on Stipulation

Proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Queens County, dated October 24, 2003.

Upon the stipulation of the parties, dated March 9, and 15, 2005, it is

ORDERED that the proceeding is marked withdrawn.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23393

M/nal

2003-11115, 2004-07851, 2004-07852 2004-08331, 2004-08333 In the Matter of LeVonn G. (Anonymous). Suffolk County Department of Social Services, respondent; Cecelia G. (Anonymous), appellant. (Docket No. N-11117/02)

SCHEDULING ORDER

Appeals by Cecelia G. from three orders of the Family Court, Suffolk County, dated October 23, 2003, July 23, 2004, and August 2, 2004, respectively, and two orders of the same court entered August 13, 2004, and August 16, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on November 29, 2004, the respondent's brief was served and filed on February 16, 2005, and the law guardian's brief was served and filed on March 17, 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 reply brief, if any, on the appeal shall be served and filed on or before April 7, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23529

S/nal

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-10030 In the Matter of Tonya George, respondent, v Norman E. Cameron, appellant. (Docket No. O-15624/03)

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, Kings County, dated October 15, 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 opposition or relation thereto, it is

ORDERED that the motion is denied with leave to renew on or before April 15, 2005, upon proper papers, including the appellant's affidavit setting forth all sources of income, his resources, and an itemized list of expenses.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23469

PL/nal

2004-08783 In the Matter of Metropolitan Transportation Authority, etc., respondent; New York & Atlantic Railroad, et al., appellants. (Matter No. 1) (Index No. 28158/02) In the Matter of New York & Atlantic Railway and Southeast Produce, Ltd., appellants, v Metropolitan Transportation Authority, et al., respondents. (Matter No. 2) (Index No. 31046/02)

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 appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated September 1, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 27, 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

M23525

L/

ANITA R. FLORIO, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-02451 In the Matter of Quadrozzi Equipment, petitioner, v Raymond Martinez, etc., respondent. (Index No. 7819/03)

ORDER ON APPLICATION Withdraw Proceeding on Stipulation

Proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated January 28, 2004.

Upon the stipulation of the parties, dated March 9, and 15, 2005, it is

ORDERED that the proceeding is marked withdrawn.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23475

R/nal

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2004-07767 In the Matter of Camille Rossi, petitioner-respondent, v Leonard N. Spano, etc., et al., respondents-respondents, Robert Rossi, appellant. (Index No. 5387/03)

DECISION & ORDER ON MOTION

Motions by the appellant pro se on an appeal from an order of the Supreme Court, Westchester County, entered August 4, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and for leave to prosecute the appeal as a poor person.

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

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

ORDERED that the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal is granted; and it is further,

ORDERED that on the court's own motion, the time of the petitioner-respondent and the respondents-respondents to serve and file their respective briefs is enlarged until May 2, 2005, and the briefs of the petitioner-respondent and the respondents-respondents must be served and filed on or before that date; and it is further,

ORDERED that the motion for leave to prosecute the appeal as a poor person is denied as academic, as the appeal was perfected on February 25, 2005.

FLORIO, J.P., ADAMS, LUCIANO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23495

M/nal

2005-01437 In the Matter of Andrew W. Segale, appellant, v Heather Segale, respondent. (Docket No. V-11415/03)

ORDER TO SHOW CAUSE

Appeal by Andrew W. Segale from an order of the Family Court, Nassau County, dated January 18, 2005. By scheduling order dated February 23, 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 23, 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 April 13, 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

M23496

M/nal

2005-01406 In the Matter of Donna L. Svoboda, respondent, v Glenn M. Svoboda, appellant. (Docket No. F-2163-99)

ORDER TO SHOW CAUSE

Appeal by Glenn M. Svoboda from an order of the Family Court, Suffolk County, dated January 6, 2005. By scheduling order dated February 23, 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 23, 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 April 13, 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

M23497

M/nal

2005-01360 In the Matter of Alexandra X. Taveras, appellant, v Edwin S. Arguello, respondent. (Docket No. O-17129-04)

ORDER TO SHOW CAUSE

Appeal by Alexandra X. Taveras from an order of the Family Court, Queens County, dated January 7, 2005. By scheduling order dated February 22, 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 22, 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 April 13, 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

M23434

R/nal

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

DANIEL F. LUCIANO, JJ.

2005-02504 In the Matter of 3202 Owners Corp., appellant, v Billy Contractors, Inc., respondent. (Index No. 25566/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated February 16, 2005, to stay an arbitration proceeding pending before the American Arbitration Association under Case No. 13-110-01778-04, 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 the arbitration proceeding pending before the American Arbitration Association under Case No. 13-110-01778-04, is stayed, pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 29, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 29, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

H. MILLER, J.P., RITTER, GOLDSTEIN and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23498

J/nal

2004-01979 The People, etc., respondent, v Jeffrey Rudell, appellant. (Ind. No. 1485/03)

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 March 9, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before April 4, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court