Appellate Division: Second Judicial Department

M24120

S/sl

2004-10195 Tamilla Alekperova, respondent, v Mikhail Yuger, et al., appellants. (Index No. 16048/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 19, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 8, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24112

CF/

2004-09792 Arlington Central School District, appellant- respondent, v Horizon Group of New England, Inc., respondent-appellant. (Index No. 2215/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated October 4, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

Appellate Division: Second Judicial Department

M24099

S/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-05178 Bret Bashant, et al., appellants-respondents, v Mid-Westchester Realty Associates, LLC, et al., defendants-respondents; H.E. Palmer Service Corp., third-party defendant respondent-appellant. (Index No. 2280/00)

DECISION & ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross appeal from an order of the Supreme Court, Dutchess County, dated May 12, 2004.

Upon the papers filed in support of the application and upon the stipulation of the parties, it is

ORDERED that the application is granted and the reply brief shall be served and filed on or before May 13, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

PRUDENTI, P.J., SCHMIDT, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24096

S/sl

2004-08115 Stephen Beyel, et al., appellants-respondents, v Eduardo Console, respondent-appellant, Marie Andre, et al., defendants-respondents. (Index No. 635/03)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated August 12, 2004.

ORDERED that the application is granted and the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, on or before May 11, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondents shall serve and file their respective briefs on or before June 16, 2005; and it is further,

ORDERED that the appellants-respondents shall serve and file their reply brief on or before July 21, 2005, and the respondent-appellant shall serve and file his reply brief on or before August 5, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24105

Y/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-09803 Robert Burns, respondent, v Matthew Palazola, appellant. (Index No. 17627/02)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to serve and file a supplemental record on an appeal from an order of the Supreme Court, Westchester County, dated September 15, 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.

PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24114

CF/

2004-10322 Peter Catalano, et al., appellants, v Marine Midland Bank, et al., defendants, Vicki Smith, respondent. (Index No. 9736/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, entered August 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

Appellate Division: Second Judicial Department

M24139

J/sl

2005-00081 John Daly, et al., respondents, v David Creese, et al., appellants (and third-party actions). (Index No. 918/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Nassau County, entered December 10, 2004.

ORDERED that the application is granted and the respondents' time to file a brief is enlarged until April 22, 2005, and the respondents' brief must be filed on or before that date; and it is further,

ORDERED that the appellants' reply brief, if any, must be served and filed on or before May 2, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24106

J/sl

2004-08221 Aubrey T. Dancy, respondent, v New York City Housing Authority, appellant. (Index No. 36189/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated August 3, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before May 5, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24101

S/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-08942 Carl L. Dinsenbacher, respondent, v Lenore Dowis, appellant. (Index No. 07933/97)

DECISION & 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 8, 2004.

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

ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying a motion to set aside a decision (see Matter of Colonial Penn Ins. Co. v Cudley, 144 AD2d 363); and it is further,

ORDERED that the application is denied as academic.

PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23824

R/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-07820 Carlos Espejo, respondent, v Hiro Real Estate Co., et al., appellants (and a third-party action). (Index No. 19282/00)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated July 13, 2004, to strike Point I of the appellants' reply brief on the ground that it refers to matter dehors the record.

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 Point I of the appellants' reply brief is stricken and will not be considered in the determination of the appeal.

PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24137

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-06216 Patrick A. Falco, plaintiff-respondent, v Verizon New York, Inc., appellant, Welsbach Electric Corp., et al., defendants- respondents. (Index No. 3377/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 14, 2004.

Upon the stipulation of the attorneys for the respective parties, dated April 4, 2005, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24157

E/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-04463, 2004-06970 Ralph Filipowich, appellant, v Sergio Tavano, et al., respondents. (Index No. 607/01)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - December 2004 Calendar", dated December 27, 2004, as dismissed an appeal from an order of the Supreme Court, Kings County, dated January 9, 2004, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and for leave to withdraw the appeal. Separate motion by the respondents to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, entered July 15, 2004.

Upon the papers filed in support of the motions and the papers filed in opposition to the appellant's motion, it is

ORDERED that the motions are granted; and it is further,

ORDERED that so much of the decision and order on motion of this court dated December 27, 2004, as dismissed the appeal from the order dated January 9, 2004, is recalled and vacated, leave to withdraw the appeal is granted, and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the respondents' time to serve and file a brief on the appeal from the judgment is enlarged until May 18, 2005, and the respondents' brief must be served and filed on or before that date.

PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M23333

J/sl

2004-06963 Emma Gerbey-Semenov, appellant, v Alexander Fish, etc., et al., respondents. (Index No. 43130/99)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 22, 2004.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until June 2, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24123

S/sl

2004-07539 Rachel Greenbaum, appellant, v Dwight L. Hershman, etc., respondent. (Index No. 5570/01)

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 amended judgment of the Supreme Court, Kings County, dated August 11, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 15, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24104

J/sl

2005-01284 Joseph Gulino, respondent, v Joseph A. Gulino, et al., appellants. (Index No. 12706/04)

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, Richmond County, dated January 26, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 18, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24141

J/sl

2004-07990 Taryn Haviland, appellant, v Yonkers Public Schools, respondent. (Index No. 12602/02)

ORDER ON APPLICATION

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

August 11, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 11, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24142

PL/sl

2004-10506 Arlene Lehmann, respondent, v Lawrence Lehmann, appellant. (Index No. 203459/03)

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, Nassau County, dated September 13, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 16, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24117

CF/

2005-03486 Anthony Magadino, et al., appellants, v Dennis Quaranta, et al., respondents. (Index No. 25803/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated February 24, 2005.

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

Appellate Division: Second Judicial Department

M24122

S/sl

2004-09810 Mint Julep, LLC, et al., respondents, v Surfside 3 Marina, appellant. (Index No. 6922/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated September 30, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 14, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24138

F/

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-08611 Polina Mullayev, appellant, v Robert Mullayev, respondent. (Index No. 42915/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated August 11, 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 branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that those branches of the motion which are for a copy of the transcript without charge, to waive payment of the filing fee, and for the assignment of counsel are denied.

PRUDENTI, P.J., ADAMS, RIVERA, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24110

R/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-00693 Larry Munoz, appellant, et al., plaintiff, v DJZ Realty, LLC, respondent; Eller Media, third-party defendant. (Index No. 5389/01)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered December 10, 2003, which was determined by decision and order of this court dated February 7, 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 branch of the motion which is for leave to reargue the appeal is denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this court dated February 7, 2005, properly made?

Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24156

S/sl

2005-00438 National Loan Investors, L.P., respondent, v Philip Piscitello, appellant, et al., defendants. (Index No. 14583/03)

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 December 8, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 9, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24095

S/sl

2004-09116 Only Natural, Inc., respondent, v Realm National Insurance Company, et al., appellants. (Index No. 5642/02)

ORDER ON APPLICATION

Application by the appellant Scottsdale Insurance Company pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated September 21, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 20, 2005, and the joint record or appendix on the appeal and the appellants' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24155

S/sl

2004-07254 So/Bluestar, LLC, respondent-appellant, v Carnarsie Hotel Corporation, et al., appellants- respondents, City of New York, respondent. (Index No. 6816/03)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated June 23, 2004.

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

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until May 18, 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,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24116

CF/

2005-01099 Pamela H. Tenenbaum, appellant, v Melvyn S. Tenenbaum, respondent. (Index No. 1721/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Rockland County, dated December 22, 2004.

Upon the stipulation of the parties, dated March 29, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24150

J/sl

2005-00548, 2005-00550 Margaret Kestler Wilson, plaintiff-respondent, v Bruce Wilson, defendant-respondent; Law Firm of Jerome A. Wisselman, P.C., nonparty-appellant. (Index No. 3914/04)

ORDER ON APPLICATION

Application by the defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Suffolk County, dated August 13, 2004, and December 23, 2004, respectively.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24109

C/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-01134 In the Matter of Allstate Insurance Company, appellant, v Beverley Carberry, respondent; State Farm Insurance Company, et al., additional respondent. (Index No. 25403/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay an uninsured motorist arbitration between the parties pending hearing and determination of an appeal from a judgment of the Supreme Court, Queens County, dated November 19, 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.

PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24134

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2002-08422 In the Matter of Rose B. (Anonymous), appellant; Jason Turner, respondent. (Index No. 109057/01)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated May 6, 2002.

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 deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24121

S/sl

2004-09416 In the Matter of Helen Godulias, deceased. Richard Z. Godulias, et al., appellants; Catherine Balalis, respondent. (File No. 2125/03)

ORDER ON APPLICATION

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24097

M/nal

2004-08688 In the Matter of Jane Grosso, respondent, v Michael Grosso, appellant. (Docket No. F-20666-03)

SCHEDULING ORDER

Appeal by Michael Grosso from an order of the Family Court, Suffolk County, dated August 26, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 6, 2005, and the respondent's brief was served and filed on April 6, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to serve and file a reply brief on the appeal is enlarged until May 2, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24044

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

DAVID S. RITTER, JJ.

2000-00712 In the Matter of Joseph C. Levine, admitted as Joseph Charles Levine, a suspended attorney. (Attorney Registration No. 1867449)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent Joseph C. Levine, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated December 3, 2001, the respondent was suspended from the practice of law for a period of two years as a result of a disciplinary proceeding involving a charge that he had been convicted of a serious crime. By decision and order on motion of this court dated October 20, 2004, the motion for reinstatement was held in abeyance, and the matter was referred to the Committee on Character and Fitness for an investigation and report on the respondent's current fitness to be an attorney. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 9, 1977, under the name Joseph Charles Levine.

Upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it is

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

ORDERED that, effective immediately, the respondent is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Joseph C. Levine, admitted as Joseph Charles Levine, to the roll of attorneys and counselors-at-law.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24103

S/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-03356 In the Matter of Jolyn McCarthy, appellant v Patricia Negri, et al., respondents. (Docket No. V-7006-03)

DECISION & ORDER ON MOTION

Appeal by Jolyn McCarthy from an order of the Family Court, Orange County, dated March 1, 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).

PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24102

S/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-03165 In the Matter of Quitaba McM. (Anonymous), appellant. (Docket No. D-15371-04)

DECISION & ORDER ON MOTION

Appeal by Quitaba McM. from a fact-finding order of the Family Court, Nassau County, dated February 10, 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).

PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24113

CF/

2004-10932 In the Matter of Pacific Indemnity Company, respondent, v Anthony Izzo, appellant. (Index No. 8971/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 17, 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

Appellate Division: Second Judicial Department

M24107

Y/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2004-05077 In the Matter of Christopher Pierro, respondent, v Michael William O'Connor, et al., appellants. (Index No. 05035/03)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, entered December 12, 2003.

Upon the papers filed in support of the motion and upon the stipulation of the parties, it is

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

ORDERED that the appellant's time to perfect the appeal is enlarged until May 16, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24041

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN, JJ.

1998-00736 In the Matter of Mitchell Rachlin, a disbarred attorney, (Attorney Registration No. 105119)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent Mitchell Rachlin for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated November 30, 1998, was disbarred pursuant to Judiciary Law � 90(4) upon his felony conviction based upon his plea of guilty in the County Court, Nassau County, on November 26, 1997, to the crimes of insurance fraud in the third degree, in violation of Penal Law � 176.20, a class D felony, and scheme to defraud in the first degree, in violation of Penal Law � 190.65, a class E felony. The respondent was sentenced on January 21, 1998, to concurrent terms of six months imprisonment and five years probation. The court imposed fines of $3,871 and $5,000. The respondent was admitted to the practice of law at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 25, 1976.

Upon the papers before the court, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24100

S/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-03175 In the Matter of Julio Rodriguez, appellant, v Gina Chervony, respondent. (Docket No. V-06631-04)

DECISION & ORDER ON MOTION

Appeal by Julio Rodriguez from an order of the Family Court, Orange County, dated February 28, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).

PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24127

S/sl

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

FRED T. SANTUCCI

GLORIA GOLDSTEIN, JJ.

2004-01815 In the Matter of Francis Smythe, petitioner, v Glenn Goord, respondent. (Index No. 3188/03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated July 7, 2004, in the above-entitled matter is amended by deleting from the last decretal paragraph thereof the date "August 23, 2004" and substituting therefor the date "June 3, 2005".

SCHMIDT, J.P., COZIER, SANTUCCI and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24119

CF/

2004-05406, 2004-05408 In the Matter of Snow Industries, Inc., appellant, v Board of Education of Smithtown, et al., respondents. (Index No. 25214/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from an order of the Supreme Court, Suffolk County, dated January 5, 2004, and a judgment of the same court dated March 24, 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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24043

R/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-08456, 2005-02950 In the Matter of Brian Williams, appellant, v Kisha Taylor, respondent. (Index No. V-20721/03)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Family Court, Kings County, dated September 27, 2004, and March 23, 2005, respectively, and, in effect, to stay all proceedings in the Family Court, Kings County, in the above-entitled matter, and to continue custody of the parties' child with the appellant pending hearing and determination of the appeals.

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

ORDERED that the branch of the motion which is to consolidate the appeals is granted to the extent that the appeals shall be calendared together, and shall be argued or submitted on the same day and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branches of the motion which are, in effect, to stay all proceedings in the Family Court, Kings County, and to continue custody of the subject child with the appellant pending hearing and determination of the appeals, are granted, and all proceedings in the Family Court, Kings County, are stayed, and custody of the subject child shall continue with the appellant, pending hearing and determination of the appeals on condition that the appeal from the order dated March 23, 2005 is perfected on or before May 6, 2005; and it is further,

ORDERED that the appellant's record and brief shall be served and filed on or before May 6, 2005, the respondent's and Law Guardian's briefs must be served and filed on or before May 20, 2005, and the reply brief must be served and filed on or before May 27, 2005; and it is further ORDERED that in the event the appeal is not perfected on or before May 6, 2005, 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 on the court's own motion, and based on the decision and order on motion of this court dated December 23, 2004, granting the respondent poor person relief on the appeal from the order dated September 27, 2004, the respondent is granted leave to defend the appeal from the order dated March 23, 2005, as a poor person and to have counsel assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defend the appeal:

Zvi Ostrin

130 7th Avenue - Suite 206

New York, NewYork 10011

(212) 604-9179

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24129

F/

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2001-06066 The People, etc., respondent, v John A. Arpa, appellant. (S.C.I. No. 00-01257)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered May 30, 2001.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

PRUDENTI, P. J., ADAMS, RIVERA, and FISHER JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24136

F/

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-02345 The People, etc., plaintiff, v Michael Azadian, defendant. (Ind. No. 4686/03)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered January 12, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., ADAMS, RIVERA, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 2229

Bare Hill Corr. Fac.

Caller Box 20 - 181 Brand Road

Malone, New York 12953

Appellate Division: Second Judicial Department

M24133

F/

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2003-08027 The People, etc., respondent, v Kevin Bailey, appellant. (Ind. No. 5440/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered August 13, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 it is further,

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

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

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

PRUDENTI, P.J., ADAMS, RIVERA, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 4625

Great Meadow Corr. Fac.

Box 51

Comstock, New York 12821

Appellate Division: Second Judicial Department

M24128

F/

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-10163 The People, etc., respondent, v Sudeep Bhattacharjee, appellant. (Ind. No. 30/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Dutchess County, rendered October 26, 2004, for leave to prosecute the appeal 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, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M24151

/nl

ANITA R. FLORIO, J.

2005-00166 The People, etc., plaintiff, Buster Bowens, defendant. (Ind. No. 77817)

DECISION & ORDER 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, Nassau County, dated December 14, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

ANITA R. FLORIO

Associate Justice

Appellate Division: Second Judicial Department

M24135

F/

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-03259 The People, etc., respondent, v Michael Cain, appellant. (Ind. No. 03-00628)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered April 9, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

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

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

PRUDENTI, P.J., ADAMS, RIVERA, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 A 2106

Butler Corr. Fac.

Box 400

Red Creek, New York 13143

Appellate Division: Second Judicial Department

M24130

F/

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-01317 The People, etc., respondent, v Sheng Chen, appellant. (S.C.I. No. 1804/03)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Queens County, rendered February 2, 2004.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

PRUDENTI, P. J., ADAMS, RIVERA, and FISHER JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24125

F/

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-10488 The People, etc., respondent, v Anthony Daniels, appellant. (Ind. No. 1007-04)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered October 25, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

PRUDENTI, P.J., ADAMS, RIVERA, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5920

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

Appellate Division : Second Judicial Department

M24091

F/

FRED T. SANTUCCI, J.

2005-01985 The People, etc., plaintiff, v Petrix DesRosiers, defendant. (Ind. No. 3520/00)

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, Queens County, dated January 25, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

FRED T. SANTUCCI

Associate Justice

Appellate Division: Second Judicial Department

M24108

R/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2003-10909 The People, etc., respondent, v Kamorie Edwards, appellant. (Ind. No. 2121/02)

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

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered November 18, 2003, and for assignment of new counsel.

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

ORDERED that the motion is denied without prejudice to the appellant seeking leave to file a supplemental brief once the appeal is perfected.

PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24126

F/

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-01883 The People, etc., respondent, v Jamar Fuller, appellant. (Ind. No. 49/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Dutchess County, rendered January 27, 2005, for leave to prosecute the appeal 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, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24111

R/sl

HOWARD MILLER, J.P.

SONDRA MILLER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2002-10986, 2003-08992 The People, etc., respondent, v Lonnie Jones, appellant. (Ind. No. 7421/01)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance consolidated appeals from a judgment of the Supreme Court, Kings County, rendered November 19, 2002, and an order of the same court dated September 10, 2003, pending hearing and determination of a motion to vacate the judgment of conviction pursuant to CPL article 440.

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 to the extent that the appellant's time to perfect the consolidated appeals by causing the original papers constituting the record on the appeals to be filed in the office of the clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeals is enlarged until June 6, 2005, and the original papers (including a certified transcript of the proceedings, if any) and the appellant's brief must be served and filed on or before that date and the motion is otherwise denied.

H. MILLER, J.P., S. MILLER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24098

Y/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2003-10889 The People, etc., respondent, v Melvin Kross, appellant. (Ind. No. 1284/02)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered November 3, 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 it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before June 20, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24131

F/

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2001-07224 The People, etc., respondent, v Jevon Ofield, appellant. (S.C.I. No. 99-01055)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered July 19, 2001.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

PRUDENTI, P. J., ADAMS, RIVERA, and FISHER JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M24152

/nl

ANITA R. FLORIO, J.

2004-11210 The People, etc., plaintiff, Rafael Ramos, defendant. (Ind. No.10055/88)

DECISION & ORDER 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 Supreme Court, Kings County, dated October 4, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

ANITA R. FLORIO

Associate Justice

Appellate Division: Second Judicial Department

M24132

F/

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2001-00444 The People, etc., respondent, v David Shane, appellant. (Ind. No. 00-01085)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered November 30, 2000.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

PRUDENTI, P. J., ADAMS, RIVERA, and FISHER JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court