Appellate Division: Second Judicial Department

M23835

L/

2005-02948, 2005-02949 ABN Mortgage Group, Inc., respondent, v Archibald T. Barlow, et al., appellants. (Index No. 41877/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw appeals from two orders of the Supreme Court, Kings County, dated November 18, 2003, and March 1, 2005, respectively.

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ORDERED that the application is granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23784

Y/sl

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2004-05210 Hector Alcantara, respondent, v City of New York, et al., appellants, (and a third-party action). (Index No. 30200/96)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 10, 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 it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until May 9, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23780

A/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

PETER B. SKELOS, JJ.

2003-02886 BDG Oceanside, LLC, appellant, v RAD Terminal Corp., et al., respondents, Gulf Oil, Limited Partnership, respondent- appellant (and a third-party action). (Index No. 14890/01)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered March 12, 2003, which was determined by decision and order of this court dated January 10, 2005, 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 one bill of $100 costs.

SCHMIDT, J.P., ADAMS, SANTUCCI and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23875

L/

2005-00502 Frederick John Bartek, respondent, v Ann Catherine Draper, appellant. (Index No. 7869/95)

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 December 6, 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

M23841

L/

2004-10225 Joseph Belsito, appellant, v State Farm Mutual Insurance Company, respondent. (Index No. 1742/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated October 27, 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

M23849

L/

DANIEL F. LUCIANO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2003-08974 Benjamin Shapiro Realty Limited Liability Company, appellant, v 57th Street, LLC, et al., defendants third-party plaintiffs-respondents; Halpern Construction, Inc., third-party defendant-respondent. (Index No. 8807/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 12, 2003.

Upon the stipulation of the attorneys for the respective parties, dated April 1, 2005, it is

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

LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ, concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23847

L/

2004-10596 Afi Callendar, appellant, v Apple Radio Cars, Inc., et al., respondents. (Index No. 46036/02 )

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 October 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 appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23807

R/sl

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2004-02550 Phyllis Campion, appellant, v Russell Campion, defendant; Arnold B. Firestone, nonparty-respondent. (Index No. 24603/97)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated February 27, 2004, to strike portions of the respondent's brief and appendix on the ground that they contain or refer to matter dehors the record, and to enlarge her time to serve and file a reply brief. Cross motion by the respondent to dismiss the appeal on the ground that the appellant's appendix on the appeal is incomplete.

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

ORDERED that the branch of the motion which is to strike portions of the respondent's brief and appendix on the appeal is granted, and pages 32 through 336 of the respondent's appendix and the respondent's brief are stricken; and it is further,

ORDERED that on or before May 2, 2005, the respondent shall serve and file a new brief that does not refer to material dehors the record, and delete or remove the above-mentioned pages material from the copies of the appendix on file with the Clerk of this court or file a new appendix without those pages; and it is further,

ORDERED that the appellant's reply brief shall be served and filed within 10 days after service upon her of the respondent's new brief; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23869

L/

2005-01037 Rodolfo Celi, et al., respondents, v 42nd Street Development Project, Inc., et al., appellants. (Index No. 37491/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 9, 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

M23772

A/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2005-01225 Tatiana I. Coogan, d/b/a Central Transmission & Automotive, Inc., plaintiff, v Karl Kramer, et al., defendants. (Index No. 621/03)

DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division

Motion by the plaintiff for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated September 22, 2004, which affirmed a judgment of the District Court, Nassau County, entered July 23, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23861

L/

2004-08174 Elsa Cooke, respondent, v Stephen Allen, appellant. (Index No. 1173/02)

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 5, 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

M23846

L/

2004-10704 Laura Curcio, respondent, v Carl Curcio, appellant. (Index No. 1376/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 28, 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

M23756

A/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2002-06517 Rivka Dambrot, respondent-appellant, v REJ Long Beach, LLC, defendant, Ocean Pictures Corp., d/b/a Park Avenue Theatre, appellant-respondent. (Index No. 27233/00)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to enlarge the time to serve and file a brief on an appeal and a cross-appeal from an order of the Supreme Court, Queens County, dated May 17, 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-appellant's time to serve and file her answering brief, including her points of argument on the cross appeal, is enlarged until June 3, 2005, and the respondent-appellant's brief shall be served and filed on or before that date (see 22 NYCRR 670.8[c][3]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23760

C/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2004-05309 Judith Demant, et al., appellants, v Town of Oyster Bay, et al., respondents. (Index No. 9396/02)

DECISION & ORDER ON MOTION

Motion by the respondent Long Island Rail Road on an appeal from an order of the Supreme Court, Nassau County, entered May 13, 2004, to strike the appellants' record and brief on the ground that the record is incomplete, or, to enlarge the time to serve and file a brief. Application by the respondent Town of Oyster Bay to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to strike the record and the appellants' brief is denied as academic in light of the stipulation of the parties dated February 28, 2005, allowing the appellant to perfect the appeal by the appendix method and on further condition that on or before May 9, 2005, the appellants cause the original papers in this action to be filed with the Clerk of this court; 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 Long Island Rail Road shall serve and file its brief on or before June 8, 2005; and it is further,

ORDERED that the application is granted; the respondent Town of Oyster Bay shall serve and file its brief on or before June 8, 2005.

FLORIO, J.P., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23839

L/

2004-08959 Dominick DiMasi, appellant, v County of Suffolk, respondent. (Index No. 7162/98 )

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 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

M23919

S/sl

2004-11170 Daniel Dobbins, appellant, v Nancy Vartabedian, respondent. (Index No. 26803/00)

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, Suffolk County, dated November 9, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 2, 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

M23836

S/sl

2004-03636 Fenley & Nicol Environmental, Inc., respondent, v O.K. Petroleum International, Ltd., appellant. (Index No. 22064/01)

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 and judgment (one paper) of the Supreme Court, Suffolk County, entered March 22, 2004.

ORDERED that the application is granted and the reply brief submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23833

L/

2005-02645 Fritz Ferdinand, respondent, v Delmas Diobenton, et al., respondents-appellants, Zuleyma Diaz, et al., appellants-respondents. (Index No. 30226/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants-respondents to withdraw their appeal from an order of the Supreme Court, Kings County, dated December 17, 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

M23800

R/sl

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2004-11030 Leonardo Fontani, appellant, v Alex Suskind Rosenblum, respondent. (Index No. 13447/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated November 22, 2004, for leave to reargue a motion for leave to prosecute the appeal as a poor person, to dispense with printing, for a free transcript, and to waive the filing fee, which was determined by decision and order on motion of this court dated March 4, 2005.

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23917

S/sl

2004-09806 Raymond A. Gay, respondent, v Medi-Ray, Inc., appellant. (Index No. 12360/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated October 14, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 24, 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

M23916

S/sl

2004-08496 Conrad Green, respondent, v Louise Green, defendant-appellant; Andrea Haye White, et al., nonparty-appellants. (Index No. 10037/93)

ORDER ON APPLICATION

Applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order and judgment (one paper) of the Supreme Court, Queens County, dated August 7, 2004.

ORDERED that the applications are granted and the appellants' time to perfect the appeals is enlarged until July 5, 2005, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23865

L/

2004-06428 Indymac Bank, respondent, v Mildred J. Michalczyk, appellant. (Index No. 25679/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 7, 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

M23848

L/

2004-05255 JDOC Construction, LLC, appellant, v Victor Balabanow, et al., respondents. (Index No. 18068/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 5, 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

M23918

S/sl

2004-07635 Kay Foundation, etc., appellant, v S & F Towing Service of Staten Island, et al., respondents. (Index No. 12140/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated July 2, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 16, 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

M23871

L/

2005-00386 John F. Kennedy, et al., respondents, v Imperia Bros., Inc., defendant, Surface America, Inc., appellant. (Index No. 15645/02)

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 23, 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

M23843

L/

2004-10333 Edward Komornik, Jr., respondent, v Susan Komornik, appellant. (Index No. 1545/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated October 20, 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

M23802

A/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2004-08714 David Levy, respondent, v Cheryl H. Grandone, appellant. (Index No. 48756/01)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated August 13, 2004, which was determined by decision and order of this court dated January 31, 2005, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23867

L/

2004-10912 Nami Lim-Park, appellant, v Madison K. Hall, respondent. (Index No. 3067/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated November 3, 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

M23830

A/sl

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2004-05833 Yin Y. Lung, etc., respondent, v Kamara Mabutu, appellant, et al., defendants. (Index No. 29817/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated December 1, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23827

L/

2005-00820 Ethel Maturo, et al., plaintiffs-respondents, v Henry Modell & Co., Inc., et al., defendants- respondents, Jembro Family Value Center, et al., defendants, Levin Management Corporation, appellant. (Index No. 1408/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 23, 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

M23837

L/

2005-00058 Sean McKenna, et al., appellants, v Chanta R. Williams, et al., respondents. (Index No. 12506/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 4, 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

M23878

L/

2004-06976 Jozef Moniuszko, plaintiff-respondent, v Chatham Green, Inc., defendant third-party plaintiff appellant-respondent; DJM Contracting Corp., third-party defendant respondent-appellant. (Index No. 21929/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant to withdraw its cross appeal from an order of the Supreme Court, Kings County, dated June 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

M23828

L/

2004-09278 James Neale, respondent, v Gottlieb Skanska, Inc., et al., appellants. (and a third-party action) (Index No. 16839/00)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeals from an order of the Supreme Court, Kings County, dated September 22, 2004.

Upon the stipulation of the parties, dated March 24, 2005, it is

ORDERED that the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23885

S/sl

2004-09051 Pablo Ortiz, respondent, v James Calavera, appellant. (Index No. 26449/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated September 3, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 10, 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

M23872

L/

2004-10565 William Ostrower, et al., respondents, v Metropolitan Life Insurance Company, et al., appellant, et al., defendants. (Index No. 7306/02)

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 October 29, 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

M23823

S/sl

2004-08779 Heriberto Pena, appellant v New York Mexicana Car & Limousine Service Corp., et al., respondents. (Index No. 23819/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated August 24, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 22, 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

M23819

PL/sl

2004-08015 Karen Ramos, et al., respondents-appellants, v Nouveau Industries, Inc., appellant-respondent. (Index No. 25420/98)

ORDER ON APPLICATION

Application by the respondents-appellants 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 a judgement of the Supreme Court, Queens County, entered August 25, 2004.

ORDERED that the application is granted and the respondents-appellants' shall serve and file their answering brief, including their points of argument on the cross appeal, on or before May 13, 2005 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M23709

F/

STEVEN W. FISHER, J.

2005-01809 The People, etc., plaintiff, v Gary H. Moore, defendant. (Ind. No. 89142/94)

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 6, 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.

STEVEN W. FISHER

Associate Justice

Appellate Division : Second Judicial Department

M23712

F/

PETER B. SKELOS, J.

2004-05418 The People, etc., plaintiff, v David D. Riley, defendant. (Ind. No. 94-00085)

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, Orange County, dated May 27, 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

M23804

A/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2003-01646 The People, etc., respondent, v Andre Rogers, appellant. (Ind. No. 3641/01)

DECISION & ORDER ON MOTION Motion to File A Supplemental Reply Brief

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, Queens County, rendered February 6, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23844

A/sl

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2003-05072 The People, etc., respondent, v Eddie Rush, appellant. (Ind. No. 404/01)

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

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered May 20, 2003, and for assignment of 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 is denied; and it is further,

ORDERED that on the court's own motion, the appellant's time serve and file his supplemental brief is enlarged until June 15, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M23713

F/

PETER B. SKELOS, J.

2004-06381 The People, etc., plaintiff, v Michael Shagi, defendant. (Ind. No. 634-98)

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, Suffolk County, dated May 24, 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

M23921

S/sl

2004-02526 The People, etc., respondent, v Frederick Thomas, appellant. (Ind. No. 2516-02)

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, Suffolk County, rendered March 10, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 22, 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

M23821

C/sl

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

1992-04898 The People, etc., respondent, v Carolyn Warmus, appellant. (Ind. No. 1538/90)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

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, Westchester County, rendered June 26, 1992.

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 on or before May 31, 2005, the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23764

A/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-09318 The People, etc., ex rel. Milton Morales, petitioner, v Joseph V. Smith, etc., respondent.

DECISION & ORDER ON MOTION

Application by the petitioner for a writ of habeas corpus.

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

ORDERED that the application is denied and the petition is dismissed, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court