Appellate Division: Second Judicial Department

M23606

M/nal

2005-01248 Eric Bjornson, respondent, v Elisabeth Bjornson, appellant. (Index No. 9159/02)

SCHEDULING ORDER

Appeal by Elisabeth Bjornson from an order of the Supreme Court, Kings County, dated January 4, 2005. The appellant's brief was filed in the office of the Clerk of this court on April 4, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M23630

R/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-04060, 2004-09459, 2004-09460 Nathan Blumes, respondent, v Inbar Blumes Madar, s/h/a Inbar Blumes, appellant. (Index No. 48288/00)

DECISION & ORDER ON MOTION

Renewed motion by the respondent pro se on appeals from three orders of the Supreme Court, Kings County, dated May 3, 2004, June 3, 2004, and August 9, 2004, respectively, for leave to reargue those branches of a motion which were for leave to prosecute the appeals as a poor person, and for the assignment of counsel, which was determined by decision and order of this court dated January 27, 2005.

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

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

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until May 20, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23563

S/sl

2004-09793 George Garrison, et al., appellants, v All Phase Structure Corp., respondent. (Index No. 0758/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, dated September 8, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 21, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23679

R/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2004-05501 Francisco Grullon, respondent, v Deborah Peters-Baptiste, appellant. (Index No. 42859/99)

DECISION & ORDER ON MOTION

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

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until May 23, 2005, 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 no further enlargements of time shall be granted.

H. MILLER, J.P., KRAUSMAN, CRANE and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23650

R/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2005-00786 Shane Kesnig, etc., et al., respondents, v Ronald C. Kaufmann, et al., appellants. (Index No. 27196/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the retrial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated December 20, 2004.

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

ORDERED that the motion is granted and the retrial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 6, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 6, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

H. MILLER, J.P., KRAUSMAN, CRANE and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23586

R/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-10262 John Kingston, etc., respondent, v Michael Breslin, et al., appellants. (Index No. 17041/00)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay enforcement of a judgment of the Supreme Court, Westchester County, entered October 29, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23657

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-05293 Bernard Langhorne, et al., appellants-respondents, v County of Nassau, et al., respondents-appellants. (Ind. No. 27030/97)

DECISION & ORDER ON APPLICATION

Application by the appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated March 11, 2004, to withdraw the appeal.

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

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements, as the order has been superseded by a judgment of the same court dated November 16, 2004, and the issues raised on the appeal from the order may be raised on the appeal from the judgment (see Matter of Aho, 39 NY2d 241, 248).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23585

M/nal

2005-02883 Robert A. Miceli, respondent, v Jo Ann Miceli, appellant. (Index No. 201413/04)

SCHEDULING ORDER

Appeal by Jo Ann Miceli from an order of the Supreme Court, Nassau County, dated January 20, 2005. 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 of the Court

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

M23634

S/sl

2004-09374 NYCTL 1998-1 Trust, etc., et al., respondents, v Aref Shahipour, et al., defendants, Max Melamed, appellant. (Index No. 10618/99)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 20, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23660

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-03065 Nu Li Lin, plaintiff, v New York City Housing Authority, respondent; Samuel I. Mok, nonparty-appellant. (Index No. 29917/00

ORDER TO SHOW CAUSE

Appeal by Samuel I. Mok from an order of the Supreme Court, Kings County, dated February 2, 2005.

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

ORDERED that the parties are directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that Samuel I. Mok is not aggrieved by the order dated February 2, 2005 (see CPLR 5511), by each filing an affidavit or affirmation on that issue with the office of the Clerk of this court on or before April 22, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the attorney's for the parties.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23595

A/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-07348 Wayne Papke, et al., plaintiffs-respondents, v Morgan Realty Corp., et al., defendants third-party plaintiffs-appellants; New York City Storage, Inc., third-party defendant-respondent. (Index Nos. 1097/02, 7610/02)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-appellants 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 July 23, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23603

R/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-02553 Barbara Radzimowski, et al., appellants, v Ramon H. Espinal, et al., respondents. (Index No. 4646/04)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of so much of an order of the Supreme Court, Kings County, dated March 17, 2005, as directed the appellant Barbara Radzimowski to appear for a physical examination, pending hearing and determination of an appeal from the order.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23619

M/nal

2005-00888 Elizabeth Ann Saum, respondent, v Scott David Saum, appellant. (Index No. 00249/03)

SCHEDULING ORDER

Appeal by Scott David Saum from an order of the Supreme Court, Suffolk County, dated December 7, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until May 2, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23659

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-03087 Israel Schvimmer, et al., respondent, v Elza Schlesinger, etc., et al., defendants; Matthew S. Aboulafia, nonparty-appellant. (Index No. 30100/01)

ORDER TO SHOW CAUSE

Appeal by Matthew S. Aboulafia from an order of the Supreme Court, Kings County, entered March 11, 2005.

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

ORDERED that the parties are directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that Matthew S. Aboulafia is not aggrieved by the order entered March 11, 2005 (see CPLR 5511), by each filing an affidavit or affirmation on that issue with the office of the Clerk of this court on or before April 22, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the attorney's for the parties.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23680

R/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2005-00885 Marie Rosemane St. Fort, et al., appellants, v Raleigh Yates, et al., respondents. (Index No. 18734/00)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated November 15, 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.

H. MILLER, J.P., KRAUSMAN, CRANE and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23638

S/sl

2004-08853 State Insurance Fund, appellant, v American Hardware Mutual Insurance Company, et al., respondents. (Index No. 25172/98)

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, Nassau County, dated September 10, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 6, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23594

S/sl

2004-08186 Sted Tenant Owners Corp., respondent, v Alphonso Chumpitaz, et al., appellants; New York State Department of Housing and Community Renewal, nonparty-respondent. (Index No. 25056/02)

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 and judgment (one paper) of the Supreme Court, Kings County, dated August 2, 2004.

ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court on April 4, 2005, is accepted for filing; and it is further,

ORDERED that the reply brief, if any, must be served and filed on or before April 15, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23686

F/

2005-00448 Total Concept Auto Repairs, Inc., appellant, v Florence Detroit, et al., respondents. (Index No. 12374/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated June 8, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23664

S/sl

2004-08488 Albert Ujueta, respondent, v Euro-Quest Corp., et al., appellants. (Index No. 9919/04)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated August 31, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 26, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23637

S/sl

2004-09905 Marie C. Vaval, appellant, v NYRAC, Inc., et al., respondents. (Index No. 1632/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated October 6, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 27, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23574

M/nal

2005-02797 In the Matter of James A. (Anonymous), appellant. (Docket No. S-07551-04)

SCHEDULING ORDER

Appeal by James A. from an order of the Family Court, Westchester County, dated February 28, 2005. 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 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 of the Court

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

M23663

S/sl

2004-08578, 2005-01376, 2005-01377 In the Matter of Rose F. Albarino, deceased. Robert Albarino, respondent; Roxanne Kelly, appellant. (File No. 0312/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from three orders of the Surrogate's Court, Westchester County, two dated August 19, 2004, and one dated December 29, 2004, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until April 28, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23591

M/nal

2005-02956 In the Matter of Holly Belgrave, appellant, v Simeon Mingo, respondent. (Docket No. O-14462-03)

SCHEDULING ORDER

Appeal by Holly Belgrave from an order of the Family Court, Kings County, dated February 22, 2005. 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 of the Court

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

M23661

E/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2004-06625 In the Matter of Eric C. (Anonymous), appellant. (Docket No. D-1177-04)

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 Family Court, Orange County, dated July 14, 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 referred to the Clerk of this court for issuance of a scheduling order pursuant to the rules of this court (see 22 NYCRR 670.4[a]).

H. MILLER, J.P., KRAUSMAN, CRANE and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23626

M/nal

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2004-04847, 2004-06574, 2004-06576 In the Matter of Zoila Cronin, respondent, v Michael Cronin, appellant. (Docket Nos. F-324/02, V-01114-02)

DECISION & ORDER ON MOTION

Appeals by Michael Cronin from three orders of the Family Court, Richmond County, dated May 6, 2004, June 21, 2004, and July 12, 2004, respectively. By order to show cause dated March 10, 2005, the parties or their attorneys were directed to show cause 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 3, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with a scheduling order dated January 3, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23512

M/nal

2005-00789 In the Matter of Daniel D. (Anonymous), respondent; Orange County Attorney, appellant. (Docket No. D-6530-04)

SCHEDULING ORDER

Appeal by Orange County Attorney from an order of the Family Court, Orange County, dated December 20, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 28, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M23631

M/nal

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-00778 In the Matter of Steven DiGiorgi, appellant, v Carolyn Buda, respondent. (Docket No. F-10330-04)

DECISION & ORDER ON MOTION

Appeal by Steven DiGiorgi from an order of the Family Court, Suffolk County, dated December 16, 2004. By order to show cause dated March 8, 2005, 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 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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. The affirmation in response to the scheduling order dated January 27, 2005, has been received.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23510

M/nal

2004-05687 In the Matter of Teneshia F. (Anonymous), a/k/a Teneshia J. (Anonymous), a/k/a Baby Girl F. (Anonymous). Administration for Children's Services, et al., respondents; Criscilla F. (Anonymous), appellant. (Docket No. B-24856/01)

SCHEDULING ORDER

Appeal by Criscilla F. from an order of the Family Court, Kings County, dated May 12, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 28, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M23576

M/nal

2005-02911 In the Matter of Elvis G. (Anonymous), appellant. (Docket No. D-10863/04)

SCHEDULING ORDER

Appeal by Elvis G. from an order of the Family Court, Queens County, dated February 8, 2005. 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 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 of the Court

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

M23587

M/nal

2005-02953 In the Matter of Jermaine G. (Anonymous), respondent; Presentment Agency, appellant. (Docket No. D-20007/04)

SCHEDULING ORDER

Appeal by the Presentment Agency from an order of the Family Court, Kings County, dated February 25, 2005. 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 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 of the Court

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

M23607

E/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-02520 In the Matter of Aaron H. (Anonymous). Administration for Children's Services, respondent; Sharda R. (Anonymous), appellant. (Docket No. N-329/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated March 7, 2005, to vacate an order of protection dated January 5, 2005, to parole the subject child to her custody, and for a preference in the calendaring of the appeal.

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

ORDERED that the branches of the motion which are to vacate the order of protection dated January 5, 2005, and to parole the subject child to the appellant's custody are denied; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see CPLR 5521).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23577

M/nal

2005-02935 In the Matter of Rashawn H. (Anonymous), appellant. (Docket No. D-16651/04)

SCHEDULING ORDER

Appeal by Rashawn H. from an order of the Family Court, Queens County, dated February 24, 2005. 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 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 of the Court

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

M23639

S/sl

2004-08641 In the Matter of Randall Knight, appellant, v County of Nassau, et al., respondents. (Index No. 4406/04)

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 August 16, 2004.

ORDERED that the application is granted and the respondents' time to serve and file briefs is enlarged until May 26, 2005, and the respondents' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23649

F/

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2005-00928 In the Matter of Brice L. (Anonymous). Suffolk County Department of Social Services, respondent; Brice L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Alisha L. (Anonymous). Suffolk County Department of Social Services, respondent; Brice L. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Jesse L. (Anonymous). Suffolk County Department of Social Services, respondent; Brice L. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Desiree L. (Anonymous). Suffolk County Department of Social Services, respondent; Brice L. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Katiemarie L. (Anonymous). Suffolk County Department of Social Services, respondent; Brice L. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Mariah L. (Anonymous). Suffolk County Department of Social Services, respondent; Brice L. (Anonymous), appellant. (Proceeding No. 6) (Docket No. N-561-04, N-562-04, N-563-04, N-564-04, N-565-04, N-566-04, N-578-04, N-579-04, N-580-04, 581-04, N-582-04, N-583-04)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated November 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 relation thereto, it is

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

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

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

Stephen R. Hellman, Esq.

1235 Montauk Highway

Mastic, New York 11950

(631) 395-5500

and it is further,

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

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

H. MILLER, J.P., KRAUSMAN, CRANE, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23584

M/nal

2005-02939 In the Matter of Victoria Lutz, respondent, v Bruce Goldstone, appellant. (Docket No. F-12237/02)

SCHEDULING ORDER

Appeal by Bruce Goldstone from an order of the Family Court, Westchester County, dated February 23, 2005. 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 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 of the Court

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

M23629

M/nal

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2004-11003, 2004-11004 In the Matter of Mary Jocelyn M. (Anonymous). Administration for Children's Services, petitioner-respondent; Geto M. (Anonymous), et al., appellants. (Docket No. N- 07531-01)

DECISION & ORDER ON MOTION

Separate appeals by Geto M. and Jocelyn M. from two orders of the Family Court, Kings County, dated July 23, 2004, and December 3, 2004, respectively. By order to show cause dated March 8, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeals of the mother, Jocelyn M., in the above-entitled proceeding for failure to comply with a scheduling order dated January 10, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the appeals of the mother Jocelyn M. are dismissed, without costs or disbursements, for failure to comply with a scheduling order dated January 10, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M22420

M/nal

2004-05382 In the Matter of Maegan Mc. (Anonymous). Nassau County Department of Social Services, respondent; Marguerite Mc. (Anonymous), et al., appellants. (Docket No. N-09067-03)

SCHEDULING ORDER

Appeal by Marguerite Mc. and Michael Mc. from an order of the Family Court, Nassau County, dated May 11, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 3, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M23579

M/nal

2005-02895, 2005-02957, 2005-02958 In the Matter of John McMann, appellant, v Joy Lang, respondent. (Proceeding No. 1) In the Matter of Joy Lang, respondent, v John McMann, appellant. (Proceeding No. 2) (Docket Nos. V-14232-04, V-14639-04, O-16025-04)

SCHEDULING ORDER

Appeals by John McMann from three orders of the Family Court, Suffolk County, all dated March 15, 2005. 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 transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are 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 of the Court

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

M23515

M/nal

2005-00775 In the Matter of Catherine A. Monier, respondent, v Philip Monier III, appellant. (Docket No. F-574-04)

SCHEDULING ORDER

Appeal by Philip Monier III from an order of the Family Court, Richmond County, dated December 15, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 25, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M23632

M/nal

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-00308 In the Matter of Penelope J. Morris, respondent, v Biagi Ceesay, a/k/a Marie Biagi Ceesay, appellant. (Docket No. F-10685-04)

DECISION & ORDER ON MOTION

Appeal by Biagi Ceesay, a/k/a Marie Biagi Ceesay from an order of the Family Court, Westchester County, dated December 6, 2004. By order to show cause dated March 8, 2005, 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 25, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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 the appellant shall perfect the appeal within 60 days of the receipt of the transcript which was ordered on or about March 14, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23633

S/sl

2004-08832 In the Matter of Navarro Counsel, appellant, v James H. O'Meara, respondent. (Index No. 1065/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated September 7, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 6, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23635

M/nal

2005-00858 In the Matter of Roslyn Nieves-Ford, respondent, v Michael Gordon, appellant. (Docket No. F-524-96)

SCHEDULING ORDER

Appeal by Michael Gordon from an order of the Family Court, Nassau County, dated December 23, 2004. By decision and order on motion of this court dated March 24, 2005, as amended April 4, 2005, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. 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 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 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 of the Court

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

M23593

M/nal

2005-03043 In the Matter of Mary C. Reilly, respondent, v Michael K. Torrie, appellant. (Docket No. F-00036/96)

SCHEDULING ORDER

Appeal by Michael K. Torrie from an order of the Family Court, Nassau County, dated February 16, 2005. 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 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 of the Court

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

M23582

M/nal

2005-02798 In the Matter of Russell C. Robinson, appellant, v Dora L. Allen, respondent. (Docket No. F-03859-01)

SCHEDULING ORDER

Appeal by Russell C. Robinson from an order of the Family Court, Suffolk County, dated February 14, 2005. 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 of the Court

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

M23640

S/sl

2004-08816, 2005-02375 In the Matter of James Rush, appellant, v County of Nassau, et al., respondents. (Index No. 6406/04)

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 two orders of the Supreme Court, Nassau County, dated August 10, 2004, and December 22, 2004, respectively.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 26, 2005, and the respondents' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23581

M/nal

2005-03156 In the Matter of John A. Salvi, appellant, v Yamile Salvi, respondent. (Docket No. F-11304/03)

SCHEDULING ORDER

Appeal by John A. Salvi from an order of the Family Court, Queens County, dated March 3, 2005. 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 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 of the Court

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

M23636

M/nal

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-00188 In the Matter of Eric Shuster, appellant, v Nadine Hoch, respondent. (Docket No. F-00748/04)

SCHEDULING ORDER

Appeal by Eric Shuster from an order of the Family Court, Queens County, dated November 29, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until May 31, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23580

M/nal

2005-03051 In the Matter of Alice Treadwell, respondent, v Keith Treadwell, Sr., appellant. (Docket No. V-3137/95)

SCHEDULING ORDER

Appeal by Keith Treadwell, Sr., from an order of the Family Court, Suffolk County, entered March 15, 2005. 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 of the Court

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

M23578

M/nal

2005-02952 In the Matter of Victor V. (Anonymous), appellant. (Docket No. D-35142/03)

SCHEDULING ORDER

Appeal by Victor V. from an order of the Family Court, Kings County, dated January 3, 2005. 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 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 of the Court

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

M23614

M/nal

2004-05907 In the Matter of Glen Walsh, respondent, v Melissa Badick, appellant. (Docket No. V-3366/03)

SCHEDULING ORDER

Appeal by Melissa Badick from an order of the Family Court, Rockland County, dated June 8, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 1, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M23647

F/

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2005-00344 In the Matter of Mona D. Wood, respondent, v Randy Brown, appellant. (Docket No. O-2269-04)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Richmond County, dated December 16, 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 thereto, it is

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

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

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

Salvatore C. Adamo, Esq.

PMB 40

350 Fifth Avenue - #3304

New York, New York 10118-0069

(212) 964-7983

and it is further,

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

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

H. MILLER, J.P., KRAUSMAN, CRANE, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23658

F/

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2005-01984 The People, etc., respondent, v Teddy Blair, appellant. (Ind. No. 1677/04)

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

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

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

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

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

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

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

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

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

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

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

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

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

Gail Patricia Ennis, Esq.

P. O. Box 220088

Great Neck, New York 11021

and is further,

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

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

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

H. MILLER, J.P., KRAUSMAN, CRANE, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 0147

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Appellate Division: Second Judicial Department

M23683

F/

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2001-08577 The People, etc., respondent, v Angel Espinoza, a/k/a Angel Roman, appellant. (Ind. No. 01-00011)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered July 31, 2001.

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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

H. MILLER, J.P., KRAUSMAN, CRANE, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23656

F/

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2005-01983 The People, etc., plaintiff, v Richard Hibbert, defendant. (Ind. No. 04-00182)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Orange County, rendered October 7, 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.

H. MILLER, J.P., KRAUSMAN, CRANE, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M23598

F/

REINALDO E. RIVERA, J.

2005-02142 The People, etc., plaintiff, v Phineas Jasper, defendant. (Ind. No. 1661/90)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated January 25, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

REINALDO E. RIVERA

Associate Justice

Appellate Division: Second Judicial Department

M23652

F/

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2003-00117 The People, etc., respondent, v Joel Johnson, appellant. (Ind. No. 02-00553)

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, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

H. MILLER, J.P., KRAUSMAN, CRANE, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 0235

Eastern Corr. Fac.

Box 338

Napanoch, New York 12458

Appellate Division: Second Judicial Department

M23682

F/

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2004-10621 The People, etc., respondent, v David Lewis, appellant. (Ind. No. 337/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Nassau County, dated September 29, 2004, as a poor person.

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

ORDERED that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the County Court, Nassau County, continues on appeal; and it is further,

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

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

 ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

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

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

ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,

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

H. MILLER, J.P., KRAUSMAN, CRANE, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23684

F/

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2001-08575 The People, etc., respondent, v Eric Montaldo, appellant. (Ind. No. 00-06054)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered August 17, 2001.

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

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

H. MILLER, J.P., KRAUSMAN, CRANE, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23609

R/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-05793 The People, etc., respondent, v Jonathan Steinberg, appellant. (Ind No. 1668/00

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from an order of the County Court, Nassau County, dated June 4, 2003, on the ground that the appellant has abandoned the appeal. Cross motion by the respondent to dismiss the appeal, in effect, for failure to perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8(e).

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

ORDERED that the cross motion is granted and the appeal is dismissed for failure to perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8(e); and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23662

S/sl

2003-09325 The People, etc., respondent, v Bashon Taylor, appellant. (Ind. No. 4236/02)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 11, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23654

F/

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2004-00223 The People, etc., respondent, v Leonard Watson, appellant. (Ind. No. 03-00538)

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 8, 2003.

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

ORDERED that the motion is denied.

H. MILLER, J.P., KRAUSMAN, CRANE, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M23308

F/

PETER B. SKELOS, J.P.

2004-05218 The People, etc., plaintiff, v Robert White, defendant. (Ind. No. 93292)

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 June 1, 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.

PETER B. SKELOS

Associate Justice

Appellate Division: Second Judicial Department

M23665

S/sl

2003-09277 The People, etc., respondent, v Marcus Wiggins, appellant. (Ind. No. 97/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Dutchess County, rendered August 21, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 18, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23651

F/

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2005-02134 The People, etc., respondent, v Roy Wright, appellant. (Ind. No. 130/04)

DDECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered July 1, 2004, and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is to extend the time to take the appeal is granted; and it is further,

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

ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

H. MILLER, J.P., KRAUSMAN, CRANE, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23653

F/

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2001-09042 The People, etc., respondent, v Chaz Zachary, appellant. (Ind. No. 01-00019)

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 October 11, 2001.

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

ORDERED that the motion is denied.

H. MILLER, J.P., KRAUSMAN, CRANE, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court