APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9873

S/sl

DANIEL F. LUCIANO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-07891, 2003-07893 Jeffrey S. Antin, appellant, v Sandra Antin, respondent. (Index No. 10215/01)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order and a judgment of the Supreme Court, Westchester County, both dated July 31, 2003.

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

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until May 17, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9876

S/sl

DANIEL F. LUCIANO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-08973 Patricia L. Corless, appellant, v Robert Jon Corless, respondent. (Index No. 5579/01)

DECISION & ORDER ON MOTION

Appeal by the defendant from a decision of the Supreme Court, Westchester County, dated September 4, 2003.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).

LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9816

S/sl

2003-08900 Ronald James D'Angelo, respondent, v 1432 86th Street Realty Corp., et al., defendants, Joseph P. Grancio, appellant. (Index No. 40966/00)

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 August 11, 2003.

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

M9826

E/sl

FRED T. SANTUCCI, J.P.

MYRIAM J. ALTMAN

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2003-05952 EMP of Cadillac, LLC, respondent, v Assessor of Village of Spring Valley, et al., appellants. (Index No. 6161/02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Rockland County, dated May 21, 2003, to dismiss the appeal on the ground that the record on appeal is inadequate and that the record on appeal and the appellants' brief contain or refer to matter dehors the record, to enlarge the time to serve and file a brief, and for an award of costs on the motion.

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 dismiss the appeal is denied on condition that on or before April 28, 2004, the appellants (1) delete or remove from all copies of the record on file with the Clerk of this court pages 168-172, (2) delete or remove from all copies of the appellants' brief on file with the Clerk of this court (a) the second, third, and fourth sentences of the second full paragraph on page six and (b) the first sentence ending with "tax bill" in the first full paragraph on page eight, and (3) serve and file a supplemental record containing:

(a) the second page of the Notice of Motion dated January 6, 2003,

(b) pages 7 through 10 of the Affirmation in Support of Motion of William E. Sulzer dated December 30, 2002, and,

(c) the first page of the Affidavit in Support of Motion of Josh Schlisselfeld dated December 30, 2002;

and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file the respondent's brief is granted, the respondent's time to serve and file a brief is enlarged until May 28, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied

SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9616

M/nal

2004-02421 Yvonne Fornells, appellant, v Tagart David Figueras, respondent. (Index No. 02614/97)

SCHEDULING ORDER

Appeal by Yvonne Fornells from a judgment of the Supreme Court, Westchester County, entered January 28, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or

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

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

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9903

R/sl

DANIEL F. LUCIANO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-06041 Albert Goetz-Haddad, appellant, v Steven Worthman, respondent. (Index No. 21284/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeal from an order of the Supreme Court, Suffolk County, dated May 28, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal.

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

ORDERED that on the court's own motion, on or before May 5, 2004, the appellant shall serve and file a supplemental record on appeal containing all the papers submitted to the Supreme Court, Suffolk County, in support of and in opposition to the motion to vacate the appellant's default which resulted in the order dated May 28, 2003; and it is further,

ORDERED that the motion to waive the certification requirements of 22 NYCRR 670.10(g) is denied with leave to renew after the appellant serves and files the supplemental record.

LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9890

PL/sl

2003-07447 Deborah Gray, respondent, v New York City Transit Authority, appellant. (Index No. 28452/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 10, 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

M9892

R/sl

DANIEL F. LUCIANO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-02765 Lisa Gussack, appellant, v Evan H. Bellin, respondent. (Appeal No. 1) (Index No. 10809/94) 2003-06968 Lisa Gussack, appellant, v Evan H. Bellin, respondent. (Appeal No. 2) (Index No. 10809/94) 2004-01761 Lisa Gussack, appellant-respondent, v Evan H. Bellin, respondent-appellant. (Appeal No. 3) (Index No. 10809/94)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent in Appeal No. 3 (1) to enlarge her time to serve and file a reply brief on an appeal from an order of the Supreme Court, Westchester County, entered January 27, 2004 (Appeal No. 3), and (2) to calendar that appeal with appeals from two orders of the same court entered March 3, 2003 and August 5, 2003, respectively (Appeal Nos. 1 and 2).

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 granted; and it is further,

ORDERED that the time of the appellant-respondent to serve and file her reply brief in Appeal No. 3 is enlarged until April 28, 2003, and her reply brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the appeals shall be calendared together, and shall be argued or submitted on the same day.

LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9700

S/sl

2003-08593 Joan Kirschner, et al., respondents, v Cedarhurst Center, LLC, et al., defendants, LaToys, Inc., appellant. (Index No. 7287/00)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated July 25, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until June 1, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9531

PL/sl

2003-09031, 2003-09032 Ilias Lelekakis, f/k/a Elias Leckas, appellant, v Stanley Kamamis, et al., respondents. (Index No. 28566/01)

ORDERED that the order on application of this court dated March 23, 2004, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:

2003-09031

ORDER ON APPLICATION

Ilias Lelekakis, f/k/a Elias Leckas, appellant,

v Stanley Kamamis, et al., respondents.

(Index No. 28566/01)

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeal from an order of the Supreme Court, Queens County, dated June 16, 2003.

ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court on March 25, 2004, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9900

R/sl

DANIEL F. LUCIANO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2004-02325 M & T Mortgage Corporation, respondent, v Joy Azuaru, appellant. (Index No. 12655/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the transfer of a referee's deed for the subject property pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated February 11, 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.

LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9824

J/sl

2003-09035 Francis Madden, plaintiff, v 211 East 70th Street Co., et al., defendants third-party plaintiffs- appellants; James M. LaRossa, et al., third-party defendants-respondents (and another action). (Index No. 7394/97)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 3, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 7, 2004, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9781

PL/sl

2003-08837 David Mahler, respondent, v Black Box Corporation, appellant. (Index No. 6336/03)

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 and judgment (one paper) of the Supreme Court, Nassau County, dated September 15, 2003.

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

M9886

E/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-05085, 2004-01461 Alan Morton, et al., respondents, v State of New York, appellant. (Claim No. 96522)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an interlocutory judgment and an order of the Court of Claims dated May 7, 2003, and October 21, 2002, respectively, to deem the record on appeal and brief served and filed in connection with the appeal from the interlocutory judgment to be the record on appeal and brief on the appeal from the order.

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.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9888

E/sl

DANIEL F. LUCIANO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2004-00693 Larry Munoz, et al., appellants, v DJZ Realty, LLC, defendant third-party plaintiff-respondent; Eller Media, third-party defendant-respondent. (Index No. 5389/01)

DECISION & ORDER ON MOTION

Separate motions by the defendant third-party plaintiff-respondent and the third-party defendant-respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered December 10, 2003, on the ground that the appeal was untimely taken.

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

ORDERED that the motion is denied (see Deygoo v Eastern Abstract Corp., 204 AD2d 596; Maddox v City of New York, 104 AD2d 430).

LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9822

S/sl

2003-07054 PNC Bank, National Association, respondent, v Ernest Rispoli, appellant. (Index No. 870/02)

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, Rockland County, dated May 14, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 4, 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

M9874

S/sl

DANIEL F. LUCIANO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2004-02555 James Payne, respondent, v Patricia Payne, appellant. (Index No. 14947/01)

DECISION & ORDER ON MOTION

Appeal by the defendant from a so ordered transcript of the Supreme Court, Suffolk County, dated December 22, 2003.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the so ordered transcript was superseded by an order of the same court dated February 26, 2004.

LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9871

C/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-10513 Moshe Baruch Sabbagh, etc., appellant, v St. Vincent's Hospital and Medical Center of New York, et al., respondents. (Index No. 27024/99)

DECISION & ORDER ON MOTION

Motion by the respondent St. Vincent's Hospital and Medical Center of New York, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Kings County, entered October 29, 2003, on the ground that the appellant failed to comply with CPLR 5525(a). Separate motion by the respondent John J. Maggio for the same relief.

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

ORDERED that the motions are denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9820

S/sl

2003-07005 Shefa Unilimited, Inc., et al., appellants- respondents, v Amsterdam & LeWinter, et al., respondents-appellants. (Index No. 11407/02)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 27, 2003.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9882

PL/sl

2003-08205 Glen Sibbers, appellant, v All Weather Tire, et al., respondents. (Index No. 10099/00)

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, Suffolk County, dated March 4, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 17, 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

M9803

S/sl

2003-09244 ORDER ON APPLICATION Jacklyn Sikder, etc., et al., appellants, v Zonia Cerritos, et al., defendants third-party plaintiffs-respondents; Otsego Mutual Fire Insurance Company, third-party defendant- respondent. (Index No. 19686/01)

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 10, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 9, 2004, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9818

S/sl

DANIEL F. LUCIANO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-09896, 2003-09899 Martha Skolnik, appellant, v Metro-North Commuter Railroad, respondent. (Index No. 17152/02)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Westchester County, dated June 30, 2003, and an order of the same court dated September 25, 2003.

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

ORDERED that on the court's own motion, the appeal from the decision dated June 30, 2003 (Appellate Division Docket No. 2003-09896), is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated September 25, 2003, is granted and the appellant's time to perfect that appeal is enlarged until June 1, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is otherwise denied as academic.

LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9817

J/sl

2003-10315 Adam Solomon, appellant, v Joseph Loszynski, et al., respondents. (Index No. 1243/01)

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, Rockland County, dated September 22, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 8, 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

M9889

E/sl

DANIEL F. LUCIANO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2004-02352 Howard Walter, appellant, v Rebekah Amoroso, respondent. (Index No. HUSC 224/02)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Appellate Term, Ninth and Tenth Judicial Districts, dated December 10, 2003, which affirmed a judgment of the Third District Court, Suffolk County, entered November 8, 2002.

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

ORDERED that the motion is granted.

LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9774

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-08483 In the Matter of David Baumgarten, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

David Baumgarten has voluntarily submitted an affidavit dated September 18, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Baumgarten was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 2, 1947. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Baumgarten presently resides in Washington and is retired from the practice of law. Under these circumstances, he does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of David Baumgarten, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of David Baumgarten is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, David Baumgarten is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if David Baumgarten has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT M9875

C/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2003-08307 In the Matter of Kristine Carlson, respondent, v Kenneth C. Carlson, appellant. (Docket No. F-538-00)

DECISION & ORDER ON MOTION

Renewed motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Westchester County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Westchester County, dated August 22, 2003, and to grant the appellant leave to prosecute the appeal as a poor person, which was determined by decision and order on motion of this court dated March 3, 2004.

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 by assigned counsel to be relieved is granted and assigned counsel is relieved from representing the appellant on the appeal; and it further,

ORDERED that the branch of the motion which is for poor person relief and the assignment of counsel is denied with leave to renew on or before May 3, 2004, on proper papers (see CPLR 1101).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9778

K/nl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

SONDRA MILLER, JJ.

2003-09975 In the Matter of Roberto H. Castro, an attorney and counselor at law.

DECISION & ORDER ON MOTION

Roberto H. Castro has voluntarily submitted an affidavit dated November 6, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Castro was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 21, 1989. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Castro presently resides in Utah, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Roberto H. Castro, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Roberto H. Castro is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Roberto H. Castro is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Roberto H. Castro has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and S. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9802

M/nal

2004-02538 In the Matter of Michele Chin-On, respondent, v George Gittens, appellant. (Docket No. P-00915-97)

SCHEDULING ORDER

Appeal by George Gittens from an order of the Family Court, Kings County, dated February 19, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9690

M/nal

2004-02525 In the Matter of Robert D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. In the Matter of Stephania D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. In the Matter of Mary D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. In the Matter of Gilbert D. (Anonymous), Jr. Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. In the Matter of Tabitha D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Docket Nos. N-03052/03, N-03053/03, N-03054/03, N-03055/03, N-03056/03)

SCHEDULING ORDER

Appeal by Dutchess County Department of Social Services from an order of the Family Court, Dutchess County, dated March 4, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

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

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

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9912

C/sl

DANIEL F. LUCIANO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2004-00236 In the Matter of Jason Figueroa, respondent, v Marilyn Panebianco, appellant. (Docket No. V-399/97)

DECISION & ORDER ON MOTION

Appeal by Marilyn Panebianco from an order of the Family Court, Suffolk County, entered November 24, 2003. By order to show cause dated March 15, 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 February 5, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

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

ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated February 5, 2004, is amended to provide 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 the brief on the appeal is enlarged until June 7, 2004.

LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9684

M/nal

2004-02530 In the Matter of Katlynn G. (Anonymous). Suffolk County Department of Social Services, respondent; Jeannette B. (Anonymous), appellant. In the Matter of Katlynn G. (Anonymous). Suffolk County Department of Social Services, respondent; Jeannette B. (Anonymous), appellant. In the Matter of Michael B. (Anonymous), petitioner- respondent, v Jeannette B. (Anonymous), appellant, et al., respondents. (Docket Nos. B-8431-03, N-1783-/03,V-10092-03, V-10094-03)

SCHEDULING ORDER

Appeal by Jeannette B. from an order of the Family Court, Suffolk County, dated February 18, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

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

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

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9844

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

MYRIAM J. ALTMAN

ANITA R. FLORIO

SONDRA MILLER, JJ.

2003-08374 In the Matter of Anderson David Harkov, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Anderson David Harkov has voluntarily submitted an affidavit dated September 22, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Harkov was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 13, 1983. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Harkov presently resides in New Jersey, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Anderson David Harkov, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Anderson David Harkov is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Anderson David Harkov is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Anderson David Harkov has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., RITTER, ALTMAN, FLORIO and S. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9771

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09414 In the Matter of Judith Kahn, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Judith Kahn has voluntarily submitted an affidavit dated October 24, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Kahn was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 13, 1989. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Kahn presently resides in California, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Judith Kahn, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Judith Kahn is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Judith Kahn is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Judith Kahn, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9835

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

SONDRA MILLER, JJ.

2003-09675 In the Matter of Nancy Gail Kappel, a/k/a Nancy Kappel Frank, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Nancy Gail Kappel, a/k/a Nancy Kappel Frank, has voluntarily submitted an affidavit dated October 31, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Kappel was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 1, 1983. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Kappel presently resides in California, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Nancy Gail Kappel, a/k/a Nancy Kappel Frank, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Nancy Gail Kappel, a/k/a Nancy Kappel Frank, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Nancy Gail Kappel, a/k/a Nancy Kappel Frank, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Nancy Gail Kappel, a/k/a Nancy Kappel Frank, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and S. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9837

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

SONDRA MILLER, JJ.

2003-10010 In the Matter of Lawrence S. Kartiganer, admitted as Lawrence Sigmund Kartiganer, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Lawrence S. Kartiganer has voluntarily submitted an affidavit dated November 6, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Kartiganer was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 25, 1959, under the name Lawrence Sigmund Kartiganer. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Kartiganer presently resides in California, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Lawrence S. Kartiganer, admitted as Lawrence Sigmund Kartiganer, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Lawrence S. Kartiganer, admitted as Lawrence Sigmund Kartiganer, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Lawrence S. Kartiganer, admitted as Lawrence Sigmund Kartiganer, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Lawrence S. Kartiganer, admitted as Lawrence Sigmund Kartiganer, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and S. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9841

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

MYRIAM J. ALTMAN

ANITA R. FLORIO

SONDRA MILLER, JJ.

2003-08724 In the Matter of Joseph Charles Kelly, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Joseph Charles Kelly has voluntarily submitted an affidavit dated September 30, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Kelly was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 17, 1952. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Kelly presently resides in Pennsylvania, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Joseph Charles Kelly, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Joseph Charles Kelly is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Joseph Charles Kelly is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Joseph Charles Kelly has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., RITTER, ALTMAN, FLORIO and S. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT M9706

C/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-10803, 2003-10806 In the Matter of Tatyana V. Kondratyeva, respondent, v Joseph L. Yapi, appellant. (Docket Nos. V-11281/02, V-11282/02, O-12781-02)

DECISION & ORDER ON MOTION

Appeals by Joseph L. Yapi from two orders of the Family Court, Kings County, both dated October 22, 2003. By order to show cause dated March 8, 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 appeals 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)(5).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

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

ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated January 16, 2004, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the clerk of this court (see 22 NYCVRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until April 15, 2004; and it is further,

ORDERED that on the court's own motion, the above captioned appeals are consolidated with an appeal from an order of the same court dated September 26, 2003 (Appellate Division Docket No. 2003-09820).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9774

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-08950 In the Matter of Deborah G. Musiker, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Deborah G. Musiker has voluntarily submitted an affidavit dated October 9, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Musiker was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 20, 1992. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Musiker presently resides in Illinois, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Deborah G. Musiker, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Deborah G. Musiker is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Deborah G. Musiker is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Deborah G. Musiker has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9687

M/nal

2004-02595, 2004-02618 In the Matter of John N. (Anonymous), Jr. Administration for Children's Services, respondent; John N. (Anonymous), Sr., appellant. In the Matter of Rahjeen N. (Anonymous), Jr. Administration for Children's Services, respondent; John N. (Anonymous), Sr., appellant. In the Matter of Angel N. (Anonymous), Jr. Administration for Children's Services, respondent; John N. (Anonymous), Sr., appellant. (Docket Nos. N-25040/02, N-25041/02, N-25042/02)

SCHEDULING ORDER

Appeals by John N. (Anonymous), Sr., from two orders of the Family Court, Kings County, both dated March 5, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9884

E/sl

DANIEL F. LUCIANO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2004-01299 In the Matter of Victor Nelson, appellant, v Dionne Seale, respondent. (Docket No. P-1132-01)

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 November 26, 2003, 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, with leave to renew on or before May 3, 2004, upon proper papers, including an affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income.

LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9911

C/sl

DANIEL F. LUCIANO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2004-00546 In the Matter of Katherine Oliphant, respondent, v Bryan Oliphant, appellant. (Docket No. F-10331/02)

DECISION & ORDER ON MOTION

Appeal by Bryan Oliphant from an order of the Family Court, Westchester County, dated December 9, 2003. By order to show cause dated March 16, 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 26, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

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

ORDERED that pursuant to section 670.4 of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated January 26, 2004, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on 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 the brief on the appeal is enlarged until June 7, 2004.

LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9776

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09978 In the Matter of Phillip Brooks Paine, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Phillip Brooks Paine has voluntarily submitted an affidavit dated October 13, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Paine was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 31, 1985. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Paine presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Phillip Brooks Paine, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Phillip Brooks Paine is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Phillip Brooks Paine is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Phillip Brooks Paine has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9845

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

MYRIAM J. ALTMAN

ANITA R. FLORIO

SONDRA MILLER, JJ.

2003-08492 In the Matter of Donald J. Perrella, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Donald J. Perrella has voluntarily submitted an affidavit dated September 24, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Perrella was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 15, 1958. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Perrella presently resides in Florida, does not practice law in New York, and, under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Donald J. Perrella, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Donald J. Perrella is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Donald J. Perrella is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Donald J. Perrella has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., RITTER, ALTMAN, FLORIO and S. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9920

E/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2001-10214 In the Matter of Walter Phillips, appellant, v Glenn Goord, etc., et al., respondents. (Index No. 3796/98)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Dutchess County, dated October 30, 2001, to hold the appeal in abeyance until he receives the original papers.

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

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

ORDERED that on the court's own motion, the appellant's time to perfect the appeal by serving and filing his brief is enlarged until May 24, 2004.

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9842

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

MYRIAM J. ALTMAN

ANITA R. FLORIO

SONDRA MILLER, JJ.

2003-08723 In the Matter of Robert David Primosch, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Robert David Primosch has voluntarily submitted an affidavit dated October 2, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Primosch was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 14, 1987. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Primosch presently resides in Washington, D.C., does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Robert David Primosch, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Robert David Primosch is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Robert David Primosch is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Robert David Primosch has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., RITTER, ALTMAN, FLORIO and S. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9872

C/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2004-01477 In the Matter of Nadjari Reid, appellant, v William E. Phillips, etc., respondent. (Index No. 4002/03)

DECISION & ORDER ON MOTION

Motion by the appellant for poor person relief and the assignment of counsel on an appeal from a judgment of the Supreme Court, Dutchess County, dated January 27, 2004.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9777

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-09476 In the Matter of Richard B. Salzburg, admitted as Richard Bruce Salzburg, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Richard B. Salzburg has voluntarily submitted an affidavit dated October 27, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Salzburg was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 25, 1973, under the name Richard Bruce Salzburg. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Salzburg presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Richard B. Salzburg, admitted as Richard Bruce Salzburg, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Richard B. Salzburg, admitted as Richard Bruce Salzburg, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Richard B. Salzburg, admitted as Richard Bruce Salzburg, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Richard B. Salzburg, admitted as Richard Bruce Salzburg, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9878

S/sl

DANIEL F. LUCIANO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-09220 In the Matter of James Sansivero, deceased. Vivian Ribando, appellant. (Index No. 1454/03)

DECISION & ORDER ON MOTION

Appeal by Vivian Ribando from a decision of the Surrogate's Court, Kings County, dated September 10, 2003.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).

LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9919

E/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-01814 In the Matter of Shannon. Angelo A. (Anonymous), appellant; Laurie L. (Anonymous), et al., respondents. (Docket No. A-440-02)

DECISION & ORDER ON MOTION

Appeal by Angelo A. from an order of the Family Court, Suffolk County, dated February 2, 2004. By order to show cause dated March 12, 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 on the ground that the order appealed from is not appealable as of right and the appellant has not sought leave to appeal (see Family Ct Act § 1112).

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, on the ground that the order appealed from is not appealable as of right and the appellant has not sought leave to appeal (see Family Ct Act § 1112).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9838

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

SONDRA MILLER, JJ.

2003-09815 In the Matter of Tony D. Tague, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Tony D. Tague has voluntarily submitted an affidavit dated November 4, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Tague was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 23, 1983. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Tague presently resides in Michigan, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Tony D. Tague, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Tony D. Tague is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Tony D. Tague is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Tony D. Tague has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and S. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9840

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

MYRIAM J. ALTMAN

ANITA R. FLORIO

SONDRA MILLER, JJ.

2003-08484 In the Matter of Lindsay Lloyd Wood, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Lindsay Lloyd Wood has voluntarily submitted an affidavit dated September 24, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Wood was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 20, 1984. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Wood presently resides in Missouri, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Lindsay Lloyd Wood, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Lindsay Lloyd Wood is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Lindsay Lloyd Wood is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Lindsay Lloyd Wood has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

PRUDENTI, P.J., RITTER, ALTMAN, FLORIO and S. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9883

E/sl

DANIEL F. LUCIANO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2004-01432, 2004-01433 The People, etc., plaintiff, v Juan A. Andrades, defendant. (Ind. Nos. 233/01, 101/02)

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 defendant pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the Supreme Court, Dutchess County, both rendered December 19, 2002, for leave to prosecute the appeals 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 (see CPL 460.30[1]).

LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03-A-0241

Cape Vincent Correctional Facility

Box 739

Cape Vincent, NY 13618

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9551

F/

DANIEL F. LUCIANO, J.

2003-11097 The People, etc., plaintiff, v Damien Butler, defendant. (Ind. No. 6653/03)

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 November 3, 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.

DANIEL F. LUCIANO

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9792

F/

A. GAIL PRUDENTI, P.J.

2004-01625 The People, etc., plaintiff, v Padraic Keating, defendant. (Ind. No. 483/95)

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, Richmond County, dated January 23, 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.

A. GAIL PRUDENTI

Presiding Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9877

E/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2003-00257 The People, etc., respondent, v Corey Latimer, appellant. (Ind. No. 02-00084)

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 December 17, 2002.

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

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

ORDERED that on or before May 24, 2004, the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02-A-4186

Attica Correctional Facility

Box 149

Attica, NY 14011

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9789

F/

SONDRA MILLER, J.

2004-01290 The People, etc., plaintiff, v Raymond McFarlane, defendant. (Ind. No. 2596/01)

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 October 6, 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.

SONDRA MILLER

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9832

O/sl

FRED T. SANTUCCI, J.P.

MYRIAM J. ALTMAN

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2001-02524 The People, etc., respondent, v Patrick Perry, appellant. (Ind. No. 190/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be provided with copies of grand jury minutes on an appeal from a judgment of the Supreme Court, Queens County, rendered February 23, 2001.

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

ORDERED that the motion is granted to the extent that on or before April 26, 2004, the District Attorney shall file the grand jury minutes in question with the Clerk of this court and those minutes shall remain sealed upon delivery, and the motion is otherwise denied.

SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9790

F/

HOWARD MILLER, J.

2004-01932 The People, etc., plaintiff, v Edward Slinin, defendant. (Ind. No. 2476/80)

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 February 11, 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.

HOWARD MILLER

Associate Justice