APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9999

PL/sl

2003-10140 Jyoti Chittur, et al., appellants, v Briarcliff Woods Condominium Association, Inc., respondent. (Index No. 15076/02)

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 of the Supreme Court, Westchester County, dated November 3, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 25, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10005

S/sl

2004-00414 Jules Hoffman, respondent-appellant, v Cheryl Unterberg, et al., appellants- respondents. (Index No. 27408/99)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated July 17, 2003.

ORDERED that the application is granted and the respondent-appellant's time to file a brief is enlarged until April 12, 2004, and the respondent-appellant's brief must be filed on or before that date; and it is further,

ORDERED that the appellants-respondents' reply brief shall be served and filed on or before May 17, 2004; and it is further,

ORDERED that the respondent-appellant's reply brief shall be served and filed in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9996

PL/sl

2003-09126 Anatoly Kravtsov, respondent, v Anson S. Wong, et al., appellants. (Index No. 11934/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 15, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 9, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9993

R/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-06501 Karianne Kuhn, appellant, v Hofstra University, respondent. (Index No. 6934/98)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated June 10, 2003, for failure to timely perfect the same.

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, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10004

Y/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-10701 In the Matter of Kevin W. Cox, appellant, v Julie Cox, respondent. (Docket No. F-00432-96)

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, entered September 2, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied with leave to renew upon a detailed financial affidavit setting forth (1) all sources and amounts of the appellant's current income, (2) his prior employment and earnings, (3) expected date of commencement of any new employment and the amount of income to be received therefrom, and (4) all assets, both real and personal, including any real restate, or any savings, investment, or retirement plans in which the appellant has an interest.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10006

S/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-04432 In the Matter of Todd D. (Anonymous). Administration for Children's Services, et al., respondents; Jean L. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-00385-01) In the Matter of Dashawn L. (Anonymous). Administration for Children's Services, et al., respondents; Jean L. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-00386-01)

DECISION & ORDER ON APPLICATION

Application by the Law Guardian pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Kings County, dated February 11, 2003.

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

ORDERED that the application is granted and the Law Guardian's time to serve and file a brief is enlarged until April 15, 2004, and the Law Guardian'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.

SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10003

Y/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-00479 In the Matter of Fredda Mitchell, respondent, v Robert Mitchell, appellant. (Docket No. F-10711/03)

DECISION & ORDER ON MOTION

Appeal by Robert Mitchell from an order of the Family Court, Suffolk County, dated December 9, 2003. By order to show cause March 8, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated January 23, 2004, issued pursuant to 22 NYCRR 670.4(a). Application by the appellant to withdraw the appeal.

Upon the papers filed in support of the application and the papers filed in response to the order to show cause, it is

ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9953

R/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-00017 In the Matter of New York City Housing Authority, petitioner-respondent, v Catherine Stringer, etc., respondent-respondent; Sheryl Walker, nonparty-appellant. (Index No. 21996/03)

DECISION & ORDER ON MOTION

Appeal by Sheryl Walker from an order of the Supreme Court, Queens County, dated November 25, 2003. By order to show cause dated February 27, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding on the ground that the appellant is not aggrieved by the order appealed from.

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

ORDERED that the appeal by Sheryl Walker from the order dated November 25, 2003, is dismissed, without costs or disbursements (see Katz v Katz, 279 AD2d 454).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9992

R/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-11081 In the Matter of Aminata W. (Anonymous). Westchester County Department of Social Services, respondent; Michelle W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Samori W. (Anonymous). Westchester County Department of Social Services, respondent; Michelle W. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Toure W. (Anonymous). Westchester County Department of Social Services, respondent; Michelle W. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Michelle W. (Anonymous). Westchester County Department of Social Services, respondent; Michelle W. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Valle W. (Anonymous). Westchester County Department of Social Services, respondent; Michelle W. (Anonymous), appellant. (Proceeding No. 5) (Docket Nos. N-0687/01, N-0688/01, N-0689/01 N-0690/01, N-0691/01)

DECISION & ORDER ON MOTION

Appeal by the mother, Michelle W., from an order of the Family Court, Westchester County, dated January 8, 2003. By order to show cause dated March 8, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated January 8, 2004, issued pursuant to 22 NYCRR 670.4(a).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 8, 2004 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9940

R/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

1998-04254, 1998-04255, 1998-04256, 1998-04257 The People, etc., respondent, v Donnell Davis, appellant. (Ind. Nos. 00855/96, 00891/96, 00915/96, 00015/97)

DECISION & ORDER ON MOTION Motion Pro Se to Relieve Counsel of Assignment

Motion by the appellant pro se, in effect, to relieve counsel assigned to prosecute appeals from four judgments of the County Court, Westchester County, all rendered March 31, 1998, and to assign new counsel.

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

ORDERED that the motion, in effect, to relieve assigned counsel and assign new counsel is denied; and it is further,

ORDERED that, on the court's own motion, the briefs filed by former assigned counsel Kevin Gilleece on October 11, 2001 are stricken, on the ground that the appellant's current assigned counsel, Annette Hasapidis, filed a replacement brief on November 14, 2003.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9791

F/

NANCY E. SMITH, J.

2003-10959 The People, etc., plaintiff, v Julian Peters, defendant. (Ind. No. 6429/91)

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 3, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

NANCY E. SMITH

Associate Justice