04-14-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR APRIL 14, 2005

TITLE	Case Number
Abreu v City of New York	2003-07517
Alliker v Alliker	2005-02206
Atwater v DiPasquale	2004-08907
Banuchis v Government Employees Insurance Co.	2004-01240
Basso v Incorporated Village of Freeport	2004-09687
Brennan Bros. Company, Inc. v Lumbermens Mutu	2003-10404
Bryant v Broadcast Music, Inc., a/k/a "BMI"	2004-00877 +3
De Los Santos v Polanco	2005-01947
Friedler v Palyompis	2004-09290
Gloveman Realty Corporation v Jefferys	2004-05144
Gulf Insurance Company, a/s/o Barco Auto Leas	2003-08006
Hartung v Hartung	2005-00049
Healy v Village of Patchogue	2004-09325
Levine v Levine	2005-01315 +2
Lichtenheim v D'Alessio	2005-01352
Lichtenstein v Barenbaum	2003-00466
Magee v County of Suffolk	2004-03859
Martin Iron & Construction Co. v Grace Indust	2003-06556 +1
Matusewicz v Prysock	2004-09563
Mountains Realty Corp. v Gelbelman	2004-08835
NYCTL-1 Trust v Liberty Bay Realty Corporatio	2004-06967
Neal v Easton Aluminum, Inc.	2004-01187
North Fork Bank v Pimpinella	2004-09172
Parson v Ford Credit Titling Trust	2005-00701
Reed v Reed	2004-00094
Ruddock v Boland Rentals, Inc.	2004-08891
Singh v Atakhanian	2004-08283
Weinberger v Holubar	2004-07128
Mtr of B. (Anonymous), Alexandria; H., Steven	2004-07863
Mtr of B. (Anonymous), Christina; Megan; Vict	2001-02231
Mtr of Buelta v Buelta	2005-03351
Mtr of Cancilla v Cancilla	2003-10183
Mtr of Colon v Jenkins	2004-05375
Mtr of D. (Anonymous), Jermaine; Presentment	2005-03221
Mtr of D. (Anonymous), Jermaine; Presentment	2005-03224
Mtr of D. (Anonymous), Zakkariyya; Suffolk Co	2005-03271
Mtr of G. (Anonymous), Shmuel; Children Admin	2004-05421
Mtr of Greene v Holmes	2005-03177
Mtr of Hye-Young Chon v Country Wide Insuranc	2004-10040
Mtr of Kenderes v Norton	2005-03166
Mtr of Lerner v Relkin	2005-03292
Mtr of Nieves v Nieves	2005-01089
Mtr of Nieves v Nieves	2005-01089
Mtr of Pfautsch v Suffolk County Department o	2005-02518
Mtr of Sawyer v Brown	2001-09966
Mtr of Silverman v Raeder	2005-03183
Mtr of Simonetti, Deceased; Simonetti, Carol	2004-01885 +1
Mtr of Smith v Garry	2001-06500
Mtr of Support Collection Unit-CSET, o/b/o Bu	2005-03225
Mtr of Tompkins v Kellar	2005-02492
Mtr of Vega v Pollack	2005-01444 +1
Mtr of W.C. Lincoln Corp. v Zoning Board of A	2003-11350
Peo v Baylor, Frank	2003-10596
Peo v Clay, Daniel	2005-01992 +1
Peo v Gomez, Juan	2001-02163
Peo v Hale, Michael	1999-02050
Peo v Jean, Darius	2003-00251 +1
Peo v Lee, Frederick	2005-01683
Peo v Monroe, Bruce	2003-09286
Peo v Wingate, Jamal	2003-04265

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24077

Y/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2003-07517
Julio Abreu, respondent, v
City of New York, appellant.
(Index No. 20092/96)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, entered July 18, 2003, which was determined by decision and order of this court entered July 18, 2003, 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.

PRUDENTI, P.J., RITTER, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M23998

M/nal

2005-02206
Suzanne Gold Alliker, appellant,
v Ephraim Benjamin Alliker, respondent.
(Index No. 20455/03)

SCHEDULING ORDER

Appeal by Suzanne Gold Alliker from an order of the Supreme Court, Westchester County, dated January 12, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,

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

(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

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Appellate Division: Second Judicial Department

M24066

S/sl

2004-08907

Marion Atwater, respondent,
v Christopher DiPasquale, appellant.
(Index No. 8263/02)

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, Rockland County, dated August 31, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24062

O/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-01240
Linda Banuchis, plaintiff-respondent, v
Government Employees Insurance Co., appellant,
Nicole Bonica, et al., defendants-respondents.
(Index No. 20351/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated January 7, 2004, which was determined by decision and order of this court dated January 24, 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.

S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24055

CF/

2004-09687
Thomas Basso, appellant,
v Incorporated Village of Freeport,
et al., respondents.
(Index No. 7105/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 27, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24069

O/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2003-10404
Brennan Bros. Company, Inc., appellant, v
Lumbermens Mutual Casualty Company, r
(and another action).
(Index Nos. 11266/01, 75306/01)

DECISION & ORDER ON MOTION

espondent

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated September 22, 2003, which was determined by decision and order of this court dated January 18, 2005, and separate motion by the appellant 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 motions and the papers filed in opposition thereto, it is

ORDERED that the motions are denied, with one bill of $100 costs.

SCHMIDT, J.P., SANTUCCI, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24049

C/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2004-00877, 2004-02228, 2004-02229,
2004-05207
Anne Bryant, respondent, v
Broadcast Music, Inc., a/k/a "BMI",
et al., defendants, Griffin Bacal,
et al., appellants.
(Action No. 1)
(Index No. 5192/00)
Anne Bryant, respondent, v
Sunbow Productions, Inc., appellant.
(Action No. 2)
(Index No. 2821/02)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on appeals from four orders of the Supreme Court, Rockland County, dated December 15, 2003, December 24, 2003, January 22, 2004, and May 26, 2004, respectively.

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

ORDERED that the motion is granted to the extent that the respondent's time to serve and file a brief is enlarged until June 2, 2005, and the respondent's brief must be served and filed on or before that date, and the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24054

CF/

2005-01947
Valdemiriam De Los Santos, appellant-
respondent, Christine Capellan, plaintiff-
appellant, v Anibal Polanco, et al., respondents,
City of New York, et al., respondents-
appellants.
(Index No. 25378/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the respondents-appellants to withdraw a cross appeal from an order of the Supreme Court, Kings County, dated December 21, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24050

S/sl

2004-09290
Samuel Friedler, et al., respondents,
v Vassiliki Palyompis, et al., defendants,
Coldwell Banker Real Estate Corporation, s/h/a
Coldwell Banker, Inc., appellant.
(Index No. 22821/01)

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, Kings County, dated September 8, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 13, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24008

S/sl

SONDRA MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-05144
Gloveman Realty Corporation, appellant-respondent,
v John Jefferys, et al., respondents-appellants.
(Index No. 35896/99)

DECISION & 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 Supreme Court, Kings County, dated April 20, 2004.

Upon the papers filed in support of the application and upon the consent of the respondents-appellants, it is

ORDERED that the application is granted to the extent that the appellant-respondent's time to perfect the appeal is enlarged until June 20, 2005, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date, and the application is otherwise denied; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24076

R/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2003-08006
Gulf Insurance Company, a/s/o Barco Auto
Leasing Corp., respondent, v David Kanen,
et al., appellants.

(Index No. 3085/01)

DECISION & ORDER ON MOTION

Separate motions by the appellants David Kanen and Howard Kanen, and cross motion by the respondent for leave to reargue appeals from an order of the Supreme Court, Nassau County, entered August 21, 2003, which were determined by decision and order of this court dated December 27, 2004.

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

ORDERED that the motions and cross motion are denied.

FLORIO, J.P., ADAMS, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24060

CF/

2005-00049
Renata M. Hartung, respondent,
v John Hartung, appellant.
(Index No. 202778/00)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated November 9, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24058

CF/

2004-09325
Sharon A. Healy, respondent, v
Village of Patchogue, appellant,
et al., defendants.
(Index No. 6714/02)

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 September 20, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24012

S/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2005-01315, 2005-03222, 2005-03223
Julie Levine, appellant,
v Robert Levine, respondent.
(Index No. 9938/99)

DECISION & ORDER ON MOTION

Appeals by Julie Levine from (1) a decision of the Supreme Court, Westchester County, dated December 30, 2004 (Appellate Divison Docket No. 2005-01315), (2) findings of fact and conclusions of law of the same court dated March 2, 2005 (Appellate Division Docket No. 2005-03223), and (3) a judgment of the same court entered March 3, 2005 (Appellate Division Docket No. 2005-03222).

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

ORDERED that the appeals from the decision and the findings of fact and conclusions of law are dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Co., 100 AD2d 509), and no appeal lies from findings of fact and conclusions of law (see Benedetto v O'Grady, 10 AD2d 628).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24056

CF/

2005-01352
David Lichtenheim, et al., appellants,
v Michael P. D'Alessio, et al., respondents.
(Index No. 3055/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Queens County, entered December 15, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24083

Y/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-00466
Joseph Lichtenstein, appellant, v
Morris E. Barenbaum, et al., respondents.
(Index No. 5720/95)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated October 31, 2002, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24075

R/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-03859
Jaimie Magee, respondent, v County
of Suffolk, appellant, et al., defendants.
(Index No. 04-04751)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated January 31, 2005, which determined an appeal from an order of the Supreme Court, Suffolk County, dated April 23, 2004.

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

ORDERED that the motion is denied.

FLORIO, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24065

O/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-06556, 2003-06561
Martin Iron & Construction Co., respondent,
v Grace Industries, Inc., et al., appellants,
et al., defendants
(and another action).
(Index No. 23055/95)

DECISION & ORDER ON MOTION

Motion by the appellant Grace Industries, Inc., for leave to reargue appeals from an order of the Supreme Court, Kings County, dated March 13, 2003, and a judgment of the same court, dated May 30, 2003, which were 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 $100 costs.

S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24007

S/sl

2004-09563

Stanley C. Matusewicz, appellant,
v Nine M. Prysock, respondent.
(Index No. 10797/99)

ORDER ON APPLICATION

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

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

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Appellate Division: Second Judicial Department

M24067

S/sl

2004-08835

Mountains Realty Corp., respondent,
v Esther Gelbelman, appellant.
(Index No. 16640/02)

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, Kings County, dated August 20, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 9, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24052

CF/

2004-06967
NYCTL-1 Trust, et al., respondents,
v Liberty Bay Realty Corporation, appellant,
et al., defendants.
(Index No. 34827/99)

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 June 9, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24086

C/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

FRED T. SANTUCCI

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2004-01187
Dennis Neal, respondent, v
Easton Aluminum, Inc., et al., appellants.
(Index No. 21757/01)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated January 27, 2004, which was determined by decision and order of this court dated February 14, 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.

PRUDENTI, P.J., SCHMIDT, SANTUCCI, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24053

S/sl

2004-09172

North Fork Bank, respondent,
v Cathy Pimpinella, et al., appellants.
(Index No. 11345/04)

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, Suffolk County, dated August 2, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 13, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24057

CF/

2005-00701
Yvette Parson, appellant, v Ford Credit
Titling Trust, et al., respondents.
(Index No. 10993/03)

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 November 15, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24081

Y/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2004-00094
Jo-Marie Reed, respondent, v
George Hopp Reed, appellant.
(Index No. 5271/99)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated December 27, 2004, which determined an appeal from a judgment of the Supreme Court, Richmond County, November 14, 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.

FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24061

S/sl

2004-08891

Alvin Ruddock, et al., appellants, v Boland Rentals,
Inc., defendant third-party plaintiff-respondent,
Gregory Taylor, defendant-respondent; Hardesty
& Hanover, LLP, et al., third-party defendants-
respondents.
(Index No. 29054/99)

ORDER ON APPLICATION

Application by the third-party defendant-respondent Aurora and Associates 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, Kings County, dated August 13, 2004.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until May 30, 2005, and the movant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24063

S/sl

2004-08283

Prabhy Jot Singh, et al., respondents-appellants,
v E. Atakhanian, a/k/a Yourik Atakhanian,
et al., appellants-respondents.
(Index No. 4796/02)

ORDER ON APPLICATION

Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Queens County, entered October 15, 2004.

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

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until June 17, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24036

S/sl

2004-07128

Gerald J. Weinberger, appellant,
v Bjorn J. Holubar, respondent.
(Index No. 20785/03)

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 June 25, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 15, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24094

S/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2004-07863
In the Matter of Alexandria B. (Anonymous).
Suffolk County Department of Social Services,
respondent; Dina B. (Anonymous), appellant.
(Docket Nos. N-427-00, N-428-00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 13, 2005, in the above-entitled matter is amended by deleting from the last decretal paragraph thereof the date "May 13, 2005," and substituting therefor the date "June 10, 2005".

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24046

C/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2001-02231
In the Matter of Christina B. (Anonymous).
Administration for Children's Services, respondent;
Anthony B. (Anonymous), et al., appellants.
(Proceeding No. 1)
In the Matter of Megan T. (Anonymous).
Administration for Children's Services, respondent;
Anthony B. (Anonymous), et al., appellants.
(Proceeding No. 2)
In the Matter of Victoria B. (Anonymous).
Administration for Children's Services, respondent;
Anthony B. (Anonymous), et al., appellants.
(Proceeding No. 3)
(Docket No. 8406/99)

DECISION & ORDER ON MOTION

Motion by the appellant Connie M., inter alia, for leave to reargue her motion, among other things, to recall and vacate so much of a decision and order on motion of this court, November 6, 2003, as dismissed her appeal from an order of the Family Court, Kings County, dated February 15, 2001, as abandoned, and to reinstate her appeal, which was determined by decision and order on motion of this court dated February 25, 2005.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., ADAMS, GOLDSTEIN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24006

M/nal

2005-03351
In the Matter of Kenneth Buelta, appellant,
v Jannie Buelta, respondent.
(Docket No. F-01922-03)

SCHEDULING ORDER

Appeal by Kenneth Buelta from an order of the Family Court, Orange County, dated March 21, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24070

Y/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2003-10183
In the Matter of Theresa Cancilla, appellant,
v Peter V. Cancilla, respondent.
(Docket No. F-1244/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Nassau County, dated October 8, 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., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24085

S/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2004-05375

In the Matter of David Colon, appellant,
v Tealia Jenkins, respondent.

(Docket No. F-28959-03)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated May 13, 2004, as a poor person, and for the assignment of counsel.

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., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23995

M/nal

2005-03221
In the Matter of Jermaine D. (Anonymous), appellant.
(Docket No. E-14852-02)

SCHEDULING ORDER

Appeal by Jermaine D. from an order of the Family Court, Kings County, dated March 2, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23996

M/nal

2005-03224
In the Matter of Jermaine D. (Anonymous), appellant.
(Docket No. D-37153-04)

SCHEDULING ORDER

Appeal by Jermaine D. from an order of the Family Court, Kings County, dated March 2, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24005

M/nal

2005-03271
In the Matter of Zakkariyya D. (Anonymous).
Suffolk County Department of Social Services,
respondent; Satari D. (Anonymous), appellant.
(Docket No. N-1648-01)

SCHEDULING ORDER

Appeal by Satari D. from an order of the Family Court, Suffolk County, dated December 22, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24051

Y/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2004-05421
In the Matter of Shmuel G. (Anonymous).
Commissioner of the Administration for
Children's Services of the City of New York,
respondent; Rivka G. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Esther G. (Anonymous).
Commissioner of the Administration for
Children's Services of the City of New York,
respondent; Rivka G. (Anonymous), appellant.
(Proceeding No. 2)
(Docket Nos. N-1132-3/02, N-1133-3/02)

DECISION & ORDER ON MOTION

Motion by the Law Guardian to dismiss an appeal from an order of the Family Court, Kings County, dated June 21, 2004, on the ground that the appeal has been rendered academic by an order of the same court dated February 7, 2005, entered in the above-entitled proceedings.

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

ORDERED that the motion is granted and the appeal is dismissed as academic, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23987

M/nal

2005-03177
In the Matter of Keith Greene, appellant,
v Cindy Holmes, respondent.
(Docket No. F-2012-95)

SCHEDULING ORDER

Appeal by Keith Greene from an order of the Family Court, Orange County, dated February 14, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24074

S/sl

2004-10040

In the Matter of Hye-Young Chon, respondent,
v Country-Wide Insurance Company, appellant.
(Index No. 20483/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated September 28, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 31, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23993

M/nal

2005-03166
In the Matter of Eileen N. Kenderes, appellant,
v Elizabeth M. Norton, respondent-respondent,
et al., respondent.
(Docket No. V-01442-04, V-01443-04)

SCHEDULING ORDER

Appeal by Eileen N. Kenderes from an order of the Family Court, Dutchess County, dated December 21, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 20 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

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

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

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

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 20 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24001

M/nal

2005-03292
In the Matter of Vivian Lerner, respondent,
v David H. Relkin, appellant.
(Docket Nos. F-24-01, F-2616-03, F-2617-03)

SCHEDULING ORDER

Appeal by David H. Relkin from an order of the Family Court, Rockland County, dated March 1, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24078

O/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2005-01089
In the Matter of Judy Nieves, respondent,
v Raymond Nieves, appellant.
(Docket No. O-00034-03)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the respondent in a proceeding before the Supreme Court, Richmond County, to be relieved, for the assignment of new counsel to defend an appeal from an order of the same court dated October 20, 2004, to grant the respondent leave to defend the appeal as a poor person, and to enlarge the time to serve and file a brief.

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

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

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

ORDERED that the branches of the motion which seek assignment of new counsel to represent the respondent on the appeal and leave to defend the appeal as a poor person are denied with leave to the respondent to renew, on or before May 16, 2005, upon the submission of proper papers establishing that she is entitled to poor person relief; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as premature as the appeal has not been perfected.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24048

O/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2005-01089
In the Matter of Judy Nieves, respondent,
v Raymond Nieves, appellant.
(Docket No. O-00034-03)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in a proceeding before the Supreme Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the same court dated October 20, 2004, to grant the appellant leave to prosecute the appeal as a poor person, and to enlarge the time to perfect the appeal.

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

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

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

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of this court pursuant to the rules of this court for the issuance of a scheduling order (see 22 NYCRR 670.4[a]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24082

S/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2005-02518

In the Matter of Lynann Pfautsch, et al.,
petitioners, v Suffolk County Department
of Social Services, et al., respondents.
(Index No. 21551/03)

DECISION & ORDER ON APPLICATION

Application by the petitioners pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Suffolk County, dated January 26, 2004.

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 granted and the petitioners' time to perfect the proceeding is enlarged until June 15, 2005, and the record or appendix on the proceeding and the petitioners' brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24047

S/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2001-09966
In the Matter of William Sawyer, petitioner,
v Richard Brown, et al., respondents.

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 in the nature of mandamus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated May 21, 2002, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.

Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated May 21, 2002, it is

ORDERED that the proceeding is dismissed, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24003

M/nal

2005-03183
In the Matter of Lance S. Silverman, appellant,
v Toni M. Raeder, respondent.
(Docket No. F-01323-96)

SCHEDULING ORDER

Appeal by Lance S. Silverman from an order of the Family Court, Suffolk County, dated February 17, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23997

A/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2004-01885, 2004-09064
In the Matter of Josephine D. Simonetti,
deceased.
Carol Simonetti, appellant; Joanne Larson,
respondent.
(File No. 322625)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from two orders of the Surrogate's Court, Nassau County, entered January 12, 2004, and August 31, 2004, respectively.

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

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

ORDERED that the appellant's time to perfect the appeals is enlarged until May 20, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24045

S/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

BARRY A. COZIER

GLORIA GOLDSTEIN, JJ.

2001-06500
In the Matter of Mark A. Smith, petitioner,
v William J. Garry, etc., et al., respondents.

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 in the nature of mandamus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated September 24, 2001, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.

Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated September 24, 2001, it is

ORDERED that the proceeding is dismissed, without costs or disbursements.

PRUDENTI, P.J., FLORIO, COZIER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24004

M/nal

2005-03225
In the Matter of Support Collection Unit-CSET,
o/b/o Andrea Burch, respondent, v
Patrick Williams, appellant.
(Docket No. F-20896-03)

SCHEDULING ORDER

Appeal by Patrick Williams from an order of the Family Court, Kings County, dated March 8, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24087

S/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2005-02492
In the Matter of Eric Tompkins, respondent,
v Bridgette Kellar, appellant.
(Docket No. V-26-05)

DECISION & ORDER ON MOTION

Appeal by Bridgette Kellar from an order of the Family Court, Suffolk County, dated February 25, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24059

E/sl

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-01444, 2005-03403
In the Matter of Janice Vega, appellant-respondent,
v Jeffrey Pollack, respondent-appellant.

(Docket Nos. V-02973/99, V-01111/99)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent, inter alia, for a preference in the calendaring of appeals and cross appeals from two orders of the Family Court, Queens County, both dated January 27, 2005.

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

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals and cross appeals is granted and the appeals and cross appeals will be calendared when fully perfected; and it is further,

ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeals, on or before May 6, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the Law Guardian shall serve and file a brief on or before May 6, 2005; and it is further,

ORDERED that the appellant-respondent shall serve and file her reply brief on or before May 16, 2005; and it is further,

ORDERED that the respondent-appellant shall serve and file his reply brief on or before May 26, 2005; and it is further,

ORDERED that no enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13314

R/sl

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2003-11350
In the Matter of W.C. Lincoln Corp., appellant,
v Zoning Board of Appeals of Village of Monroe,
respondent.
(Index No. 6471/03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated October 23, 2003.

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

ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as the order dated October 23, 2003, is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701[b]; Matter of Lubbe v Town of Brookhaven, 120 AD2d 731); and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24064

S/sl

2003-10596

The People, etc., respondent,
v Frank Baylor, appellant.
(Index No. 1238/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered November 12, 2003.

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

Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M24092

STEVEN W. FISHER, J.

2005-01992, 2005-01993
The People, etc., plaintiff,
v Daniel Clay, defendant.
(Ind. No. 2197/96)

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 March 16, 2004, and October 27, 2004, respectively, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24068

E/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2001-02163
The People, etc., respondent,
v Juan Gomez, appellant.

(Ind. No. 99-01640)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Westchester County, rendered January 10, 2001, to vacate a decision and order on motion of this court dated November 22, 2004, which vacated a decision and order on motion of this court dated May 13, 2003, granting the appellant's motion for leave to serve and file a supplemental brief, to reinstate the order granting leave to serve and file a supplemental brief, and for an enlargement of time to serve and file a supplemental brief.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24072

R/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

1999-02050
The People, etc., respondent,
v Michael Hale, appellant.
(Ind. No. 8776/96)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 10, 1999.

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

ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before June 13, 2005; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24079

Y/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-00251, 2004-00848
The People, etc., respondent,
v Darius Jean, appellant.
(Ind. No. 321/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue appeals from a judgment of the County Court, Rockland County, rendered November 21, 2002, and a resentence of the same court imposed March 12, 2003, which were determined by decision and order of this court dated December 13, 2004.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24073

R/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2005-01683
The People, etc., respondent,
v Frederick Lee, appellant.
(Ind. No. 68/95)

DECISION & ORDER ON MOTION

Appeal by Frederick Lee from an order of the County Court, Dutchess County, dated December 15, 2004. By decision and order on motion of this court dated March 3, 2005, the parties were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated December 15, 2004, is not appealable as of right or by permission (see CPL 450.10; 450.15).

On the court's own motion, and upon the papers filed in response to the decision and order on motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the order dated December 15, 2004, is not appealable as of right or by permission (see CPL 450.10; 450.15).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24088

Y/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2003-09286
The People, etc., respondent,
v Bruce Monroe, appellant.

(Ind. No. 1967/02)

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

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Nassau County, rendered October 14, 2003.

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

ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before June 16, 2005; and it is further,

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

SANTUCCI, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24080

O/sl

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2003-04265
The People, etc., respondent,
v Jamal Wingate, appellant.

(Ind. No. 449/96)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated April 8, 2003.

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

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

ORDERED that the respondent's time to serve and file a brief is enlarged, the respondent's brief which was submitted to the Clerk of this court is accepted for filing; and it is further,

ORDERED that the appellant's time to serve and file a reply brief is enlarged until May 2, 2005, and the reply brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court