Appellate Division: Second Judicial Department

M23703

R/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

GLORIA GOLDSTEIN, JJ.

2002-06964 Andrez Andrusziewicz, plaintiff, v Edythe Atlas, et al., defendants, NY Broad Holdings, Inc., defendant third-party plaintiff-respondent; Hot Construction Corp., d/b/a Fast Track Construction, third-party defendant second third-party plaintiff- respondent; National Abatement Corp., et al., second third-party defendants-appellants (and a third third-party action). (Index Nos. 14653/97, 81053/98, 82111/99, 82531/99)

DECISION & ORDER ON MOTION

Motion by Hot Construction Corp., d/b/a Fast Track Construction for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated August 5, 2003, which was determined by decision and order of this court dated December 6, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23708

E/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2004-05766 Karen Appleby, et al., appellants, v William Douglas Evans, respondent. (Index No. 10868/97)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Westchester County, dated May 18, 2004, to strike the record on appeal and the appellant's brief on the ground that it is incomplete and contains material dehors the record, or, alternatively, to enlarge the time to serve and file a brief.

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 strike the record and the appellants' brief is granted to the extent that (1) on or before May 9, 2005, the appellant shall replace the black and white photographs on pages 58 through 60 of the copies of the record on appeal filed with the Clerk of this court with color photographs, on condition that or before April 25, 2005, the respondent provides the appellant with one set of color photographs of the black and white photographs on pages 58 through 60 of the record, and (2) pages 442 through 446 of the record on appeal and page 31 of the appellant's brief beginning with the words "who is the former chair" through the words "polymers and plastics" are stricken, and on or before May 9, 2005, the appellant shall strike or remove that material from the copies of the record on appeal and appellant's brief on file with the Clerk of the court or serve and file a replacement record on appeal and/or brief that do not contain the stricken material and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until June 8, 2005, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23739

L/

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

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the third-party defendant-appellant-respondent to withdraw its appeal from an order of the Supreme Court, Kings County, dated July 30, 2004.

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

ORDERED that the application is granted and the appeal by the third-party defendant-appellant-respondent is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23697

O/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-11137 Helen Boyd, appellant, v Rome Realty Leasing Limited Partnership, et al., respondents. (Index No. 32919/02)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Queens County, dated November 9, 2004.

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

ORDERED that the motion is granted, and the appeal shall be calendared when it is fully perfected.

COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23736

L/

2004-09043 Joseph Castellano, appellant, v AMF Bowling Centers, Inc., respondent. (Index No. 2727/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 19, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23673

C/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2005-00721 Dana Davis, plaintiff, v All State Associates, etc., et al., defendants third-party plaintiffs-respondents; Buena Vista Theatrical Production, Ltd., third-party defendant-appellant. (Index No. 1500/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 13, 2004.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23624

PL/sl

2004-09259 William Diaz, et al., appellants, v Philip Morris Companies, Inc., et al., respondents. (Index No. 46188/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 27, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 17, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23727

L/

2004-10950 Emery Francois, respondent, v Katherine Khan, appellant. (Index No. 8016/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 16, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23689

C/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-11181 Gihon, LLC, respondent, v 501 Second Street, LLC, et al., appellants. (Index No. 13933/04)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated December 2, 2004, in effect, to amend so much of a decision and order on motion of this court dated February 7, 2005, as conditioned a stay of all proceedings in the above-entitled action upon the perfection of the appeal on or before March 8, 2005. Cross motion by the respondent, inter alia, to strike the appellants' brief and appendix on the ground that the appendix omits material documents and contains documents dehors the record, to dismiss the appeal on the ground that the appellants failed to perfect the appeal on or before March 8, 2005, or, to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the cross motion which is to strike the appellants' brief and appendix is granted to the extent that on or before April 29, 2005, the appellants shall delete or remove from the copies of their appendix and brief on file with this court the following material: Exhibits R, S, and T to the appendix, and the affidavits attached to the brief, and shall file a supplemental appendix containing the respondent's papers submitted in opposition to the motion which resulted in the order appealed from, and that branch of the cross motion is otherwise denied; and it is further,

ORDERED that the motion is granted, and the decision and order on motion dated February 7, 2005, is amended by deleting from the decretal paragraphs thereof the date, "March 8, 2005," and substituting therefor the date "April 29, 2005;" and it is further,

ORDERED that the branch of the cross motion which is to enlarge the respondent's time to serve and file a brief is granted, and the respondent shall serve and file a brief on or before May 31, 2005; and it is further,

ORDERED that the cross motion is otherwise denied.

FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23672

C/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2003-04069 Robert Hothan, respondent, v Metropolitan Suburban Bus Authority, et al., appellants. (Index No. 352/95)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from a judgment of the Supreme Court, Nassau County, entered April 11, 2003, which was determined by decision and order of this court dated January 24, 2005.

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

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

KRAUSMAN, J.P., GOLDSTEIN, MASTRO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23744

L/

2005-02002 Yuriy Ilyayev, respondent, v Hazardous Elimination Corp., et al., appellants. (Index No. 355/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 21, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23704

E/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2003-04876, 2003-09387, 2005-00289 DECISION & ORDER ON MOTION J. Sackaris & Sons, Inc., respondent-appellant, v Terra Firma Construction Management & General Contracting, LLC, defendant third-party plaintiff- appellant-respondent, United States Fidelity and Guaranty Company, a/k/a St. Paul Fire and Marine Insurance Company, defendant-appellant-respondent, et al., defendants; Breger-Terjesen Associates, et al., third-party defendants-respondents. (Index No. 8884/99)

Motion by United States Fidelity and Guaranty Company, a/k/a St. Paul Fire and Marine Insurance Company, for leave to reargue appeals from two orders of the Supreme Court, Nassau County (Warshawsky, J.), entered April 18, 2003, and September 8, 2003, respectively, and appeals and a cross appeal from a judgment of the same court entered May 29, 2003, which were determined by decision and order of this court dated January 18, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Motions by Terra Firma Construction Management & General Contracting, LLC, for (1) leave to reargue, or, (2) in the alternative, for leave to appeal to the Court of Appeals, and a separate motion by J. Sackaris & Sons, Inc., for leave to reargue. Separate motions by Terra Firma Construction Management & General Contracting, LLC, and United States Fidelity and Guaranty Company, a/k/a St. Paul Fire and Marine Insurance Company, in effect, to stay enforcement of the judgment pending hearing and determination of the motions for reargument of the appeals and cross appeal or pending hearing and determination of an appeal to the Court of Appeals.

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

ORDERED that the motions are denied.

ADAMS, J.P., SANTUCCI, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23667

C/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2005-02585 Royston Jeffrey, respondent, v Allcity Insurance Company, appellant, et al., defendant. (Index No. 17125/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in an action entitled Brown v Jeffrey pending in the Supreme Court, Kings County, under Index No. 30090/01, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated February 28, 2005.

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 denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23723

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-05593 Jozefa Kotapka, et al., respondents, v Hi-Rise Laundry Equipment Corp., appellant, 32-06 47th Street, LLC, defendant. (Index No. 11314/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 7, 2004.

Upon the stipulation of the attorneys for the respective parties, dated March 28, 2005, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23734

L/

2004-08630 John Mraz, respondent, v Marie H. Bouzy, appellant. (Index No. 4987/93)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 18, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23717

O/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2005-02561 Brian Mullen, et al., appellants, v Morris Zweig, respondent. (Index No. 22500/04)

DECISION & ORDER ON MOTION

Motion by the appellants to stay cancellation of a lis pendens pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated February 10, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23666

C/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2005-02169 NYCTL 1997-1 Trust, appellant, v Congregation Beis Medresh Sikron Avruhom Spinka et al., respondents. (Index No. 42378/98)

DECISION & ORDER ON MOTION

Motion by the respondent Congregation Beis Medresh Sikron Avruhom Spinka to dismiss an appeal from an order of the Supreme Court, Kings County, entered December 23, 2004, on the grounds, inter alia, that the appeal was untimely taken, and the order appealed from is, in effect, a stipulation of settlement.

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

M23748

L/

2004-07845 Ron Naane, appellant, v Ofira Maslavi, respondent. (Index No. 200082/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 30, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23692

C/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2004-07653, 2005-02934 New York and Presbyterian Hospital, etc., et al., respondents, v New York Central Mutual Fire Insurance Company, appellant. (Index No. 18853/99)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from (1) a decision of the Supreme Court, Nassau County, dated July 6, 2004, and (2) a judgment of the same court entered January 20, 2005, to dismiss the appeal from the decision on the ground, inter alia, that the appeal was untimely taken, or to enlarge the time to serve and file a brief. Cross motion by the appellant to impose sanctions on the respondents.

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

ORDERED that on the court's own motion, the appeal from the decision 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 motion to dismiss the appeal from the decision is denied as academic; and it is further,

ORDERED that on the court's own motion, the appellant is directed to serve and file a supplemental record containing the notice of appeal from the judgment and the judgment on or before April 21, 2005; and it is further,

ORDERED that the supplemental record and the record and brief filed in connection with the appeal from the decision shall be deemed the record and brief on the appeal from the judgment; and it is further,

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

ORDERED that the time of the respondents to serve and file a brief is enlarged until May 20, 2005, and the respondents' brief shall be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

.

Appellate Division: Second Judicial Department

M23722

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-08655 Melissa Pinkava, etc., et al., plaintiffs- respondents, v Annmarie Ramirez, et al., defendants, Joseph M. Croce, appellant- respondent, Carolina M. Ortiz, respondent- appellant. (Index No. 21551/01)

DECISION & ORDER ON APPLICATION Withdraw Appeal & Cross Appeal on Stipulation

Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated August 31, 2004.

Upon the stipulation of the attorneys for the respective parties, dated March 22, 2005, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23678

C/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

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

DECISION & ORDER ON MOTION

Motion by the New York State Association of Realtors, Inc., for leave to file an amicus curiae brief on appeals from two orders of the Supreme Court, Westchester County, dated December 13, 2004.

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 nine copies of the amicus curiae brief must be filed in this court on or before April 14, 2005; and it is further,

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

 ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief on or before April 22, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23616

PL/sl

2004-08513 Prudential Property & Casualty Insurance Company, a/s/o Bhramdat, appellant, v Show Win Japanese Restaurant, Inc., et al., respondents. (Index No. 23215/03)

ORDER ON APPLICATION

Application by the respondents Dragon Auto Center, Inc., and Krishna Ramai pursuant to 22 NYCRR 670.8(d)(2) to enlarge the respondents' time to serve and file their respective briefs on an appeal from an order of the Supreme Court, Queens County, dated August 16, 2004.

ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until May 6, 2005, and the respondents' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23738

S/sl

2004-04626, 2004-07225, 2004-08439 Michelle Scartozzi, appellant, v Gino Scartozzi, respondent. (Index No. 30107/97)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on appeals from a judgment of the Supreme Court, Nassau County, dated April 2, 2004, and two orders of the same court dated March 5, 2004, and March 11, 2004, respectively.

ORDERED that the application is granted and the reply brief must be filed on or before April 15, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23610

PL/sl

2004-06685 Sholom & Zuckerbrot Realty, LLC, appellant, v Sharif Designs, Ltd., et al., respondents. (Index No. 2655/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated June 18, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before April 26, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23732

L/

2004-09015 Charles G. Siemers, et al., appellants, v AMA Classic Stone, Inc., et al., respondents. (Index No. 2727/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 24, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23690

C/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-08951 Evelyn Singer, et al., appellants, v St. Francis Hospital, respondent. (Index No. 4776/03)

DECISION & ORDER ON MOTION

Motion by the appellants for a preference in the calendaring of an appeal from an order of the Supreme Court, Queens County, dated September 21, 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 the appeal will be calendared when it is fully perfected.

COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23698

O/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2004-00349 Darren Staton, appellant, v State of New York, respondent. (Claim No. 103426)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Court of Claims, dated November 20, 2003, for leave to reargue that branch of a prior motion which was for a reduced filing fee.

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 is enlarged until May 12, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23730

S/sl

2004-08603 Lamont Wilson, etc., et al., respondents, v Galicia Contracting & Restoration Corporation, et al., defendants, Safway Steel Products, Inc., appellant. (Index No. 11878/00)

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 20, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 26, 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

M23728

L/

2004-06093 In the Matter of Tawana B. (Anonymous), appellant. (Docket No. D-36192/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated June 16, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23701

R/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-02550 In the Matter of Sean Curry, et al., petitioners, v Cameo Desantis, a/k/a Cameo Cullen, respondent. (Dockets Nos. V-16833/03, V-26363/00)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for leave to appeal to this court from an order of the Family Court, Kings County, dated February 3, 2005, and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23702

PL/sl

2004-09897 In the Matter of Gene Feeney, petitioner, v Town of Harrison, respondent.

ORDER ON APPLICATION

Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to EDPL 207.

ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until May 6, 2005, and the petitioner'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

M23747

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

DAVID S. RITTER

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN, JJ.

2003-07795 In the Matter of Avi J. Kasten, admitted as Avi Joseph Kasten, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Avi J. Kasten, respondent. (Attorney Registration No. 1725936)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reply to the Grievance Committee's motion to confirm the Special Referee's report and to set aside this court's opinion and order dated March 7, 2005, which suspended him for a period of one year commencing April 7, 2005, until such time as that reply is considered by the court. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 6, 1981, under the name Avi Joseph Kasten.

Upon the papers submitted in support of the motion and the reply thereto, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23726

S/sl

2004-08833 In the Matter of Navarro Counsel, appellant, v Robert Lo Cicero, et al., respondents. (Index No. 5928/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated September 8, 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

M23691

C/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-06997 In the Matter of Juvondi Pender, petitioner-respondent, v N.Y.S. Disciplinary Panel, et al., respondents, New York State Office of Mental Retardation and Developmental Disabilities, et al, appellants. (Index No. 282/03)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent on an appeal from an order of the Supreme Court, Kings County, dated June 8, 2004, inter alia, to waive the filing fee, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to enlarge the petitioner-respondent's time to serve and file a brief is granted; the petitioner-respondent shall serve and file a brief on or before May 27, 2005; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied.

COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23745

L/

2004-07473 In the Matter of Jeffrey Pollack, respondent, v Janice Vega, appellant. (Docket Nos. V-2972/99, V-2973/99, V-01111/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated August 19, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23643

C/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-02077 In the Matter of Peter Schreurs, respondent, v Adris Johnson, appellant. (Docket No. V-08039/03, V-08209/03)

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

Motion by the appellant to stay enforcement of an order of the Family Court, Queens County, dated February 10, 2005, pending hearing and determination of an appeal therefrom, and for leave to prosecute the appeal as a poor person, and for the assignment of Robert Hausner as her appellate counsel.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person, and for the assignment of Robert Hausner as the appellant's appellate counsel 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:

Robert Hausner,

100 Herricks Road, Suite 205

Mineola, New York

(516) 741-8844

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23746

L/

2004-11300 In the Matter of Suffolk County Child Protective Services, o/b/o Kevin S. (Anonymous), petitioner- respondent; Dorothy S. (Anonymous), respondent- appellant; Janis M. Noto, nonparty-appellant. (Proceeding No. 1) In the Matter of Suffolk County Child Protective Services, o/b/o Michael S. (Anonymous), petitioner- respondent; Dorothy S. (Anonymous), respondent- appellant; Janis M. Noto, nonparty-appellant. (Proceeding No. 2) In the Matter of Suffolk County Child Protective Services, o/b/o Joseph S. (Anonymous), petitoner- respondent; Dorothy S. (Anonymous), respondent- appellant; Janis M. Noto, nonparty-appellant. (Proceeding No. 3) (Docket Nos. N 965-03, N 966-03, N 967-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant to withdraw a cross appeal from an order of the Family Court, Suffolk County, dated December 15, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23671

C/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2005-01085, 2005-01086, 2005-01154, 2005-01155, 2005-01165 In the Matter of Theresa Helen T. (Anonymous), a/k/a Theresa Helen D. (Anonymous), a/k/a Theresa T. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Christina Shannon T. (Anonymous), a/k/a Christina T. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Silvia Marie D. (Anonymous), a/k/a Silvia D. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Patricia D. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 4) (Docket Nos. B-11446/02, B-11448/02, B-11447/02, N-4878/96, N-4879/96, N-4880/96, N-4881/96)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court

Motion by counsel assigned to represent the appellant Wayne T. in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Queens County, both dated November 30, 2004, and to grant the appellant Wayne T. leave to prosecute the appeals as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant Wayne T. on the appeals; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant Wayne T. on or before April 25, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant Wayne T. on the appeals and leave to prosecute the appeal as a poor person are denied with leave to the appellant Wayne T. to renew, on or before May 16, 2005, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant Wayne T. is interested in pursuing the appeals.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23642

C/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-00375 In the Matter of Westchester County Department of Social Services, o/b/o Ann Puff, respondent, v Vincent R. Scafidi, appellant. (Docket No. F-271-97)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Westchester County, in effect, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Westchester County, dated December 13, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.

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

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

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before April 22, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

 ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before May 16, 2005, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M23711

F/

WILLIAM F. MASTRO, J.

2005-01765 The People, etc., plaintiff, v Peter Anekwe, defendant. (Ind. No. 1379/99)

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 January 5, 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.

WILLIAM F. MASTRO

Associate Justice

Appellate Division : Second Judicial Department

M23522

F/

ANITA R. FLORIO, J.

2004-10738 The People, etc., plaintiff, v Pedro Castillo, defendant. (Ind. No. 13726/91)

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 8, 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.

ANITA R. FLORIO

Associate Justice

Appellate Division: Second Judicial Department

M23699

R/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-00273, 2003-01557 The People, etc., respondent, v John P. Daley, appellant. (Ind. No. 1561/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to serve and file a reply brief on an appeal from a judgment of the County Court, Nassau County, rendered January 6, 2003, and an amended sentence of the same court imposed February 6, 2003.

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 appellant's time to serve and file a reply brief is enlarged until April 13, 2005, and the reply brief must be served and filed on or before that date.

S. MILLER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23693

C/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-09491 The People, etc., respondent, v John Douglass, appellant. (Ind. No. 10540/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered October 24, 2003.

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 appellant's supplemental pro se brief shall be served and filed on or before May 12, 2005; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23696

O/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO, JJ.

2002-10076 The People, etc., respondent, v Mark Jones, appellant. (Ind. No. 8949/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 24, 2002.

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

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

ORDERED that the respondent's time to serve and file a brief is enlarged until April 29, 2005, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23695

O/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO, JJ.

2002-09867 The People, etc., respondent, v Tariq Jones, appellant. (Ind Nos. 8949/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 24, 2002.

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

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

ORDERED that the respondent's time to serve and file a brief is enlarged until April 29, 2005, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23700

R/sl

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2002-05397 The People, etc., respondent, v Jeffrey Keys, appellant. (Ind. No. 7320/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 5, 2002.

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

ORDERED that the motion is denied.

FLORIO, J.P., SANTUCCI, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 3374

Shawangunk Corr. Fac

Box 700

Wallkill, New York 12589

Appellate Division: Second Judicial Department

M23675

C/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-06150 The People, etc., respondent, v Jobie McCray, appellant. (Ind. No. 2009/02)

DECISION & ORDER ON MOTION

Motion by the appellant for a reconstruction hearing with respect to the minutes of the proceedings conducted in the trial of the above-entitled case on the morning of July 30, 2003, on an appeal from a judgment of the Supreme Court, Kings County, rendered October 29, 2003.

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 matter is referred to the Supreme Court, Kings County, for a reconstruction hearing with respect to the proceedings conducted in the trial in the above-entitled case before Justice Hall on the morning of July 30, 2003; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two typewritten transcripts of the stenographic minutes of the reconstruction hearing, once said hearing has been completed, and the Clerk of the trial court shall furnish one of those certified transcripts to the appellant's counsel, without charge (CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23674

C/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2001-05691 The People, etc., respondent, v Louis Olivo, appellant. (Ind. No. 6662/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 13, 2001.

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 supplemental brief was timely filed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23685

C/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2004-00378 The People, etc., respondent, v Juan Orrego, appellant. (Ind. No. 2888/02)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, rendered December 15, 2003, for failure to timely perfect the same, and cross motion by the appellant to enlarge time to perfect the appeal.

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

ORDERED that the cross motion is granted; retained 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 the motion by the respondent to dismiss the appeal is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23676

C/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2003-05988 The People, etc., respondent, v Barry Porter, appellant. (Ind. No. 3758/01)

DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 28, 2003.

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

ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before May 27, 2005; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23687

C/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

PETER B. SKELOS, JJ.

2004-03375 The People, etc., respondent, v Von Ross, appellant. (S.C.I. No. 2004-103)

DECISION & ORDER ON MOTION

Appeal by Von Ross from a judgment of the County Court, Orange County, rendered March 4, 2004. By order to show cause dated September 21, 2004, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the notice of appeal was not timely filed and the appellant has not moved for leave to extend his time to take an appeal.

On the court's own motion, and no papers having been filed in relation thereto, it is

ORDERED that the appeal is dismissed.

PRUDENTI, P.J., COZIER, RITTER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23681

C/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-07882 The People, etc., respondent, v David J. Safran, appellant. (Ind. No. 2240/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, for a preference in hearing and determination of an appeal from a judgment of the Supreme Court, Suffolk County, rendered August 26, 2002.

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

ORDERED that the motion is denied.

ADAMS, J.P., RITTER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M23597

F/

ROBERT A. LIFSON, J.

2005-01713 The People, etc., plaintiff, v Jamar O. Walton, defendant. (Ind. No. 2162/00)

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 January 7, 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.

ROBERT A. LIFSON

Associate Justice