APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10147

S/sl

2003-07803 ORDER ON APPLICATION Nicola Bevilacqua, et al., appellants, v Club Azzurro, Inc., respondent. (Index No. 22127/01)

Application by the appellants 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, Kings County, dated June 17, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before April 29, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10141

S/sl

2003-09558 Massimo Buscemi, appellant v Calogero Costa, et al., respondents. (Index No. 09210/00)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 28, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10144

S/sl

2003-10454 Albert Goetz-Haddad, appellant, v Pathmark Supermarkets, etc., et al., respondents. (Index No. 9433/01)

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, Suffolk County, dated October 27, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 29, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10148

M/nal

2003-06274 Robert Levy, appellant, v Waldbaum, Inc., respondent. (Index No. 7754/01)

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, Nassau County, dated May 12, 2003.

ORDERED that the record and brief that were deposited in the office of the Clerk of this court on April 12, 2004, are accepted for filing.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10122

A/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2004-02594 Plateau Associates, LLC, appellant, v Ettore Santucci, et al., respondents. (Index No. 17865/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered March 10, 2004, inter alia, to enjoin the respondents from operating certain businesses on their property in alleged violation of various zoning laws and regulations of the Village of Ossining, to stay the trial in the above-entitled action pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9923

C/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-02477 Jimmy Rivera, et al., appellants, v Yeshiva & Kollel Harbotzas Torah, respondent. (Index No. 25690/02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action, including enforcement of an order of the Supreme Court, Kings County, dated March 17, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted and all proceedings in the above-entitled action, including enforcement of the order dated March 17, 2004, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 12, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 12, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10140

S/sl

2003-07618 Evelyn Tomkins, etc., et al., respondents, v Rudy Armstrong, defendant, City of New York, appellant. (Index No. 27957/00)

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 July 21, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 7, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9827

C/sl

FRED T. SANTUCCI, J.P.

MYRIAM J. ALTMAN

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2004-01300 Ulysses I & Company, Inc., respondent-appellant, v Gary Feldstein, defendant-respondent, Peter Morton, etc., appellant-respondent, et al., respondents. (Index No. 24758/02)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to enjoin the respondent-appellant and all other persons or garnishees from transferring or paying to any third party any of its assets in the State of New York up to $1,521,842.39 pending the hearing and determination of an appeal from a judgment of the Supreme Court, Suffolk County, dated December 5, 2003, and for the setting of a briefing schedule.

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 respondent-appellant and all other persons or garnishees are enjoined from transferring or paying to any third party any of its assets in the State of New York up to $1,521,842.39 currently held in escrow by Stroock & Stroock & Lavan, on condition that (1) the appellant-respondent perfect the appeal on or before May 13, 2004, and the joint record or joint appendix on appeal (see 22 NYCRR 670.8[c][1]), and the appellant-respondent's brief be served and filed on or before that date, and (2) the appellant-respondent posts an undertaking with corporate surety; and it is further,

ORDERED that the matter is remitted to the Supreme Court, Suffolk County, to hear and report on the amount of the undertaking with corporate surety to be filed by the appellant-respondent pursuant to CPLR 6312(b) and the Supreme Court, Suffolk County, shall file its report with all convenient speed; and it is further,

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before June 14, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondent Gary Feldstein shall serve and file his responsive brief, and the appellant-respondent shall serve and file his brief in response to the cross appeal and in reply on the main appeal, on or before July 15, 2004; and it is further,

ORDERED that the respondent-appellant shall serve and file its reply brief in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10146

S/sl

2003-09427 Sakina Willis, etc., et al., respondents, v New York City Transit Authority, et al., appellants. (Index No. 16242/00)

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 April 9, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 21, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10145

S/sl

2003-09067 Shala Yadegar, etc., et al., plaintiffs-respondents, v International Food Market, et al., defendants, Herman B. Stein, etc., appellant. (Index No. 9340/01)

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, Nassau County, dated September 8, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 7, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10156

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00736 In the Matter of Elizabeth J. Auguste, admitted as Elizabeth Jeanine Auguste, an attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Elizabeth J. Auguste, respondent.

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second and Eleventh Judicial Districts to suspend the respondent from practice pursuant to 22 NYCRR 691.4(l)(1)(i), upon a finding that she constitutes an immediate threat to the public interest based upon her failure to submit written answers to two separate complaints. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 15, 1990, under the name Elizabeth Jeanine Auguste.

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

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

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i), the respondent, Elizabeth J. Auguste, admitted as Elizabeth Jeanine Auguste, is immediately suspended from the practice of law in the State of New York, pending further order of the court; and it is further,

ORDERED that Elizabeth J. Auguste, admitted as Elizabeth Jeanine Auguste, shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Elizabeth J. Auguste, admitted as Elizabeth Jeanine Auguste, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law of its application or any advice in relation thereto, and (4) holding herself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that the Grievance Committee for the Second and Eleventh Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this court against Elizabeth J. Auguste, admitted as Elizabeth Jeanine Auguste, based on the Grievance Committee's affirmation dated January 23, 2003, and it is further;

ORDERED that Diana Maxfield Kearse, Chief Counsel to the Grievance Committee for the Second and Eleventh Judicial Districts, Renaissance Plaza, 335 Adams Street, Suite 2400, Brooklyn, N.Y. 11201-3745, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that the Grievance Committee shall serve upon the respondent and the Special Referee and file with the court a petition within 30 days after its receipt of a copy of this decision and order on motion; and it is further,

ORDERED that within 10 days after service upon her of a copy of the petition, the respondent shall serve an answer upon the petitioner and the Special Referee, and shall file a copy of the same in the office of the Clerk of this court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Thomas Sullivan, a retired Associate Justice of the Appellate Division, Second Judicial Department, c/o Tracy & Stillwell, 1688 Victory Boulevard, Staten Island, N.Y. 10314, as Special Referee to hear and report; and it is further,

ORDERED that if the respondent has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in her affidavit of compliance pursuant to 22 NYCRR 691.10(f).

We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based upon her failure to cooperate.

The Grievance Committee is conducting two separate investigations into the respondent's alleged professional misconduct. The first matter is a sua sponte investigation concerning the respondent's failure to re-register as an attorney with OCA, as required by Judiciary Law § 468-a and 22 NYCRR 118.1. The second investigation is based upon a complaint submitted by Ansonia Parris alleging that the respondent neglected a legal matter and failed to return an unearned fee.

By letter dated May 27, 2003, the Grievance advised the respondent that she was the subject of a sua sponte investigation based on her failure to register, directing her to re-register and to submit a copy of her paid receipt and a written explanation for her delay within 30 days. The letter was mailed to the respondent's home address. The respondent failed to comply or to request an extension of time to resolve this matter.

By letter dated June 24, 2003, the Grievance Committee advised the respondent that a second investigation had been commenced against her based upon the complaint of Ansonia Parris. The Grievance Committee directed the respondent to answer the complaint within 10 days and advised her that an unexcused failure to reply constitutes professional misconduct independent of the merits of the complaint. The respondent failed to answer or to request additional time to do so.

The Grievance Committee sent the respondent two separate letters dated July 28, 2003, via regular and certified mail, noting that she had not re-registered with OCA or submitted a written answer to the Parris complaint. The letters directed the respondent to comply within 10 days and warned that her continued failure to cooperate would result in a motion for her interim suspension. None of the letters was returned except for the certified letter concerning the Parris complaint. The respondent failed to either re-register, submit answers to the complaints, or request an extension of time in which to do so.

On September 11, 2003, Grievance Counsel telephoned the respondent's law office and left a message on her answering machine. On that same date, Grievance Counsel called the respondent's law office again and spoke with a woman named "Angel," who identified herself as the respondent's sister. Grievance Counsel asked that respondent return the call as soon as possible. The respondent did not return either call.

By letter dated September 22, 2003, sent via regular and certified mail, the Grievance Committee directed the respondent to submit an answer within 10 days or risk a motion for his interim suspension. The return receipt indicates that the letter was delivered to the respondent's law office on September 25, 2003. To date, the respondent has failed to comply.

Although personally served with the Grievance Committee's Order to Show Cause on January 23, 2004, the respondent has failed to reply.

 In view of the foregoing, the motion is granted, the respondent is immediately suspended from the practice of law, and the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against her.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10160

A/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2003-10281 In the Matter of Constance Brennan, appellant, v Glen Johnson, respondent. (Docket No. F-8921/02)

DECISION & ORDER ON MOTION

Appeal by Constance Brennan from an order of the Family Court, Suffolk County, dated October 17, 2003. By order to show cause dated March 2, 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 5, 2004, issued pursuant to 22 NYCRR 670.4(a).

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10113

M/nal

2003-04975 In the Matter of Altagracia Calvo, respondent, v Luis Calvo, appellant. (Docket No. F-1400-97)

ORDER TO SHOW CAUSE

Appeal by Luis Calvo from an order of the Family Court, Queens County, dated April 30, 2003. By decision and order of this court dated January 26, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. By scheduling order dated February 26, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are 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 the scheduling order dated February 26, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before April 30, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M9955

E/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-02353 In the Matter of Sean Campbell, respondent, v Cherisa Campbell, appellant. (Docket Nos. V-3827-03, V-3828-03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Orange County, dated February 20, 2004, pending hearing and determination of an appeal therefrom, and to enjoin the respondent from removing, attempting to remove, or causing the removal of the parties' children from the State of Georgia.

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 enforcement of the order dated February 20, 2004, is stayed and the respondent is enjoined from removing, attempting to remove, or causing the removal of the parties' children from the State of Georgia pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 14, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 14, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that visitation shall continue pursuant to the terms of the temporary restraining order contained in the order to show cause of this court dated March 26, 2004.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10137

S/sl

2003-09302 In the Matter of Thomas Carvel, deceased. Betty Godley, et al., respondents; Thomas and Agnes Carvel Foundation, appellant- respondent; Pamela Carvel, etc., et al., respondents-appellants. (Index No. 3285/90)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Westchester County, dated September 9, 2003.

ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until July 16, 2004, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10035

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-06421 In the Matter of Mark Stephen Embree, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Mark Stephen Embree voluntarily submitted an affidavit dated July 14, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Embree was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 25, 1981. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Embree currently resides in Louisiana, has never practiced law in New York and has no plans to do so in the future. Under these circumstances, he does not wish to pay the biennial registration fee.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10037

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-06038 In the Matter of William M. Fetky, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

William M. Fetky voluntarily submitted an affidavit dated July 7, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Fetky was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 3, 1988. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Fetky currently resides in New Jersey, has never practiced law in New York and has no plans to do so in the future. Under these circumstances, he does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of William M. Fetky, an attorney in good standing, is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10116

M/nal

2004-01463 In the Matter of Dominic A. Gallo, Jr., respondent, v Donna L. Gallo, appellant. (Docket No. F-04882/03)

ORDER TO SHOW CAUSE

Appeal by Donna L. Gallo from an order of the Family Court, Dutchess County, dated January 17, 2004. By scheduling order dated March 4, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are 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 the scheduling order dated March 4, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before April 30, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10023

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

SONDRA MILLER, JJ.

2003-08349 In the Matter of Al Garcia, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Al Garcia voluntarily submitted an affidavit dated September 5, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Garcia was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 2,1994. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Garcia currently resides in New Jersey and does not practice law in New York. Under the circumstances, he does not wish to pay the biennial registration fee.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10039

K/nal

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

MYRIAM J. ALTMAN

NANCY E. SMITH

GABRIEL M. KRAUSMAN, JJ.

2003-07234 In the Matter of Jacob Z. Gelfand, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Jacob Z. Gelfand has voluntarily submitted an affidavit dated August 15, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Gelfand was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 28, 1933. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Gelfand presently resides in Massachusetts, does not intend to return to New York to practice law, and, under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Jacob Z. Gelfand, an attorney in good standing, is accepted and directed to be filed; and it is further,

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

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

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

PRUDENTI, P.J., SANTUCCI, ALTMAN, SMITH and KRAUSMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10041

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

NANCY E. SMITH, JJ.

2003-06871 In the Matter of Kenneth Gerard Gordon, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Kenneth Gerard Gordon voluntarily submitted an affidavit dated July 29, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Gordon was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 20, 1971. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Gordon currently resides in California, has never practiced law in New York and has no plans to do so in the future. Under these circumstances, he does not wish to pay the biennial registration fee.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10025

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

SONDRA MILLER, JJ.

2003-07899 In the Matter of Robert E. Howard, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Robert E. Howard voluntarily submitted an affidavit dated September 3, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Howard was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 13, 1968. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Howard presently resides in Florida where he practices law full-time. Under these circumstances, he does not wish to pay the biennial registration fee.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10151

M/nal

2003-04600 In the Matter of Patricia Lee, appellant, v Gregory Lee, respondent. (Docket No. F-2375-02)

SCHEDULING ORDER

Appeal by Patricia Lee from an order of the Family Court, Queens County, dated April 28, 2003. By decision and order on motion of this court dated April 7, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Edward E. Caesar, Esq.

26 Court Street, Suite 2401

Brooklyn, New York 11201-4404

(718)246-2712

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated April 7, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10158

A/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2004-00207, 2004-00208 In the Matter of Denise Miller, respondent, v Tristen Jenkins, appellant. (Docket No. P-1334/00)

DECISION & ORDER ON MOTION

Appeals by Tristen Jenkins from two orders of the Family Court, Richmond County, both dated December 1, 2003. By order to show cause dated March 2, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated January 16, 2004, issued pursuant to 22 NYCRR 670.4(a).

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 appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 16, 2004 (see 22 NYCRR 670.4[5]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10022

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

NANCY E. SMITH, JJ.

2003-06872 In the Matter of Jonathan Peter Mincieli, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Jonathan Peter Mincieli voluntarily submitted an affidavit dated July 31, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Mincieli was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 29, 1997. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Mincieli presently resides in Illinois, does not practice law in New York and under these circumstances, does not wish to pay the biennial registration fee.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10155

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

MYRIAM J. ALTMAN

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2001-02118 In the Matter of Geoffrey T. Mott, a disbarred attorney. Grievance Committee for the Tenth Judicial District, petitioner; Geoffrey T. Mott, respondent.

DECISION & ORDER ON MOTION

Motion by the respondent for reargument of an opinion and order of this court dated October 6, 2003, which disbarred him from the practice of law, or alternatively, for leave to appeal to the Court of Appeals from the opinion and order. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 14, 1987.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10042

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

SONDRA MILLER, JJ.

2003-08099 In the Matter of Peter F. Moyer, admitted as Peter Finlay Moyer, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Peter F. Moyer voluntarily submitted an affidavit dated September 9, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Moyer was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 13, 1976, under the name Peter Finlay Moyer. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Moyer currently resides in Wyoming and does not practice law in New York. Under the circumstances, he does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Peter F. Moyer, admitted as Peter Finlay Moyer, an attorney in good standing, is accepted and directed to be filed; and it is further,

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

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

ORDERED that if Peter F. Moyer, admitted as Peter Finlay Moyer, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10118

M/nal

2003-11442 In the Matter of Ulysseus R. (Anonymous). Commissioner of Social Services, respondent; Esther R. (Anonymous), appellant. (Docket No. N-13613/01)

ORDER TO SHOW CAUSE

Appeal by Esther R. from an order of the Family Court, Queens County, dated December 3, 2003. By scheduling order dated March 1, 2004, the appellant's time to comply with a scheduling order of this court dated January 8, 2004, was enlarged until April 5, 2004. The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are 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 the scheduling order dated March 1, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before April 30, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10046

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

NANCY E. SMITH, JJ.

2003-06673 In the Matter of Jay H. Riemer, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Jay H. Riemer voluntarily submitted an affidavit dated July 28, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Riemer was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 24, 1971. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Riemer currently resides in Connecticut, has not practiced law in New York for over 20 years and has no plans to do so in the future. Under these circumstances, he does not wish to pay the biennial registration fee.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10049

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-06334 In the Matter of Adlai Scheinberg, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Adlai Scheinberg voluntarily submitted an affidavit dated July 14, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Scheinberg was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 9, 1980. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Scheinberg presently resides in Maryland, does not practice law in New York and under these circumstances, does not wish to pay the biennial registration fee.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10020

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

NANCY E. SMITH, JJ.

2003-07580 In the Matter of Steven M. Schoenfeld, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Steven M. Schoenfeld voluntarily submitted an affidavit dated August 13, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Schoenfeld was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 7, 1990. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Schoenfeld presently resides in Oregon, does not practice law in New York and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Steven M. Schoenfeld, an attorney in good standing, is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10050

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

NANCY E. SMITH, JJ.

2003-07235 In the Matter of Steven Eric Sufrin, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Steven Eric Sufrin voluntarily submitted an affidavit dated August 12, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Sufrin was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 25, 1990. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Sufrin presently resides in Arizona and is unable to take the necessary CLE classes in order to maintain his New York Bar membership. Therefore, under these circumstances, he does not wish to continue to pay the biennial registration fee.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10053

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

SONDRA MILLER, JJ.

2003-07974 In the Matter of Charles Tobin, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Charles Tobin voluntarily submitted an affidavit dated September 9, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Tobin was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 22, 1961. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Tobin presently resides in Florida, is retired from the practice of law and, under these circumstances, does not wish to pay the biennial registration fee.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10163

J/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-01892, 2004-01893 In the Matter of Jonathan W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Joshua W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Leneya W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-15358-00, N-15359/00, N-15360/00)

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

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 9, 2004, in the above-entitled matter is amended by (1) deleting from the caption for Proceeding No. 3 thereof the name "Joshua W." and substituting therefor the name "Leneya W." and (2) deleting from the caption thereof Docket Number "N-15350/00," and substituting therefor Docket Number "N-15359/00."

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10157

J/sl

2003-08321 In the Matter of Ilona Weltz, deceased. Henry Weltz, et al., respondents; Murray Weltz, appellant. (File No. 4923/00)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a decree of the Surrogate's Court, Queens County, dated August 4, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 5, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10084

L/

REINALDO E. RIVERA, J.

2004-01928 The People, etc., plaintiff, v Joseph Aponte, defendant. (Ind. No. 68/02)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated February 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.

REINALDO E. RIVERA

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10076

L/

DAVID S. RITTER, J.

2004-01423 The People, etc., plaintiff, v John Ballinger, defendant. (Ind. No. 01-00358)

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, Orange County, dated January 30, 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.

DAVIS S. RITTER

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10051

L/

SANDRA L. TOWNES, J.

2004-01469 The People, etc., plaintiff, v Anthony D'Amore, defendant. (Ind. No. 833/99)

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, Suffolk County, dated January 20, 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.

SANDRA L. TOWNES

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10083

L/

REINALDO E. RIVERA, J.

2004-01356 The People, etc., plaintiff, v Guy McEachin, defendant. (Ind. No.10549/99)

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, Queens County, dated December 12, 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.

REINALDO E. RIVERA

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10078

L/

DAVID S. RITTER, J.

2003-11370 The People, etc., plaintiff, v Terry Smith, defendant. (Ind. No. 1522/97)

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 December 9, 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.

DAVID S. RITTER

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10159

S/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2000-03753 The People, etc., respondent, v Winfred Taylor, appellant. (Ind. No. 2394/99)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion of this court, dated July 30, 2003, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the County Court, Suffolk County, rendered April 12, 2000, is recalled and vacated; and it is further,

ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.

The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10074

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DAVID S. RITTER, J.

2004-00610 The People, etc., plaintiff, v Francis Trozolino, defendant. (Ind. No. 1916/01)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated December 23, 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.

DAVID S. RITTER

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10060

K/sl

SANDRA L. TOWNES, J.

2004-01031 The People, etc., respondent, v Mark C. Weekes, appellant. (Ind. No. 00-00218)

DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION

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, Orange County, dated December 31, 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 granted; the defendant is granted leave to appeal from the order of the County Court, Orange County, dated December 31, 2003, made in this case; and it is further,

CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,

ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.

SANDRA L. TOWNES

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10075

L/

DAVID S. RITTER, J.

2004-00371 The People, etc., plaintiff, v Michael Woods, defendant. (Ind. No. 26/00)

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 Supreme Court, Richmond County, dated October 9, 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.

DAVID S. RITTER

Associate Justice