Appellate Division: Second Judicial Department

M24689

J/sl

2004-09811 Selma Acheson, et al., appellants, v Robert E. Shepard, et al., respondents. (Index No. 12093/94)

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, Westchester County, entered October 4, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 5, 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

M24670

S/sl

2003-09253 Judy Arias, et al., respondents, v City of New York, appellant, et al., defendants. (Index No. 22660/97)

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, Queens County, dated August 5, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before May 12, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24687

L/

2005-01994 Manjinder Bains, respondent, v Charanjit Bains, appellant. (Index No. 21217/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 4, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24656

S/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2004-00606 Bank of New York, etc., respondent, v Jaime Ortiz, et al., appellants, et al., defendants. (Index No. 7784/98)

DECISION & ORDER ON APPLICATION

Application by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated December 22, 2003.

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

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

ORDERED that the appellants' time to perfect the appeal is enlarged until July 18, 2005, and the record or appendix on the appeal, and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24692

L/

2004-02423 Bruce P. Benson, appellant, v Mary Ann Benson, respondent. (Index No. 5478/96)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 24, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24686

J/sl

2004-07438 Board of Education of Glen Cove City School District, et al., respondents, v Nassau County, appellant. (Index No. 9879/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered July 28, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 20, 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

M24651

C/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2004-10967 Charles Bogannam, appellant, v Marianne Bogannam, respondent. (Index No. 388/04)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated November 22, 2004, inter alia, to vacate a stay granted by decision and order on motion of this court dated February 1, 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.

FLORIO, J.P., SCHMIDT, GOLDSTEIN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24678

J/sl

2005-01570 Gaetano Catapano, et al., respondents, v Long Island Rail Road, appellant, et al., defendants. (Index No. 16415/00)

ORDER ON APPLICATION

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24671

R/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2003-10170 Eliu Chape, et al., plaintiffs-respondents, v Isata, LLC, defendant second third-party plaintiff-respondent, Cava Construction Co., Inc., defendant third-party plaintiff-appellant-respondent, Geal Tech Remodeling Corp., third-party second third-party defendant-respondent, Utica First Insurance Company, second third-party defendant-appellant. (Index No. 26558/01)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant-respondent to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 29, 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, MASTRO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24669

S/sl

2004-05098 Franklin Duran, appellant, v Jose Mendez, respondent. (Index No. 8439/99)

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, dated March 30, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 3, 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

M23750

A/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-05517 Excel Group, Inc., appellant, v New York City Transit Authority, etc., respondent. (Index No. 43612/01)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated April 19, 2004, to strike the record on appeal on the ground that it fails to include material which is properly part of the record, or in the alternative, to supplement the record on appeal to include, inter alia, the slip opinion in Andron Constr. Corp. v Metropolitan Transp. Auth., Index No. 16619/92 (Sup Ct, New York County 1993), and to enlarge its time to serve and file a brief.

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 strike the record on appeal is denied; and it is further,

ORDERED that the branch of the motion which is to supplement the record on appeal to include, inter alia, the slip opinion in Andron Constr. Corp. v Metropolitan Transp. Auth., Index No. 16619/92 (Sup Ct, New York County 1993), is granted to the extent that the respondent shall serve and file a supplemental record containing a copy of the above-referenced slip opinion on or before May 31, 2005, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondent's brief must be served and filed on or before May 31, 2005. ADAMS, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24659

S/sl

2004-03159 Leonard Hatfield, et al., appellants, v Bridgedale, LLC, et al., respondents (and a third-party action). (Index No. 22502/00)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, entered February 20, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before May 4, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24681

L/

HOWARD MILLER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2004-10044 Estelleta Hinds, respondent, v Donna M. Malcolm, appellant, et al., defendant. (Index No. 26194/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 19, 2004.

Upon the stipulation of the attorneys for the respective parties, dated April 25, 2005, it is

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

H. MILLER, J.P., S. MILLER, GOLDSTEIN, MASTRO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24693

L/

2004-11274 Robert K. Jewell, et al., appellants, v Walter C. Reutlinger, et al., respondents. (Index No. 27773/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 18, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24652

R/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-08308 John Joseph, a/k/a George Joseph, appellant, v Insureco, Inc., et al., respondents. (Index No. 29851/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Queens County, dated August 16, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Separate cross motions by the respondents New York State Insurance Department and New York State Superintendent of Insurance, and the respondents Insureco, Inc., St. Paul Property and Liability Insurance Company, and United States Fidelity and Guaranty Insurance Underwriters, Inc., to dismiss the appeal on the ground that the appendix is inadequate.

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

ORDERED that the motion is granted on condition that on or before May 27, 2005, the appellant (1) shall serve and file a supplemental appendix containing a copy of (1) his order to show cause dated February 14, 2004, and a complete copy of his affidavit in support thereof, (2) the notice of cross motion of the defendants St. Paul Property and Liability Insurance Company and United States Fidelity and Guaranty Insurance Underwriters, Inc., and a complete copy of the affirmation of Shana Kleinman in support thereof, (3) the notice of cross motion of New York State Insurance Department and affirmation of Jon Rothblatt in support thereof, (4) the affirmation of Shana Kleinman in opposition to the appellant's order to show cause, and (5) the appellant's reply affidavit in opposition to the defendant's affirmation in opposition; and it is further,

ORDERED that the cross motions are denied on condition that the appellant shall serve and file the supplemental appendix in accordance herewith.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24666

S/sl

2004-09603 Frances Kelleher, et al., respondents, v Home Depot U.S.A., Inc., d/b/a Home Depot, appellant. (Index No. 33278/02)

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 September 10, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 5, 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

M24661

S/sl

2004-07652 Elise M. Negrin, appellant, v Norwest Mortgage, Inc., respondent. (Index No. 26551/97)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated June 23, 2004.

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

Appellate Division: Second Judicial Department

M24526

PL/sl

2004-08424 Kacey Newman, et al., appellants, v Oceanside Union Free School District, respondent. (Index No. 15809/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated August 5, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before May 17, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24623

L/

2005-00027 Vincent M. Nooney, respondent, v Mark G. Cervantes, et al., appellants. (Index No. 16244/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated November 24, 2004.

Upon the stipulation of the parties, dated April 19, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24509

PL/sl

2004-09705 Norwest Mortgage, Inc., respondent, v Irving Brown, respondent; Shameena Chowdury, nonparty appellant. (Index No. 48663/98)

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 20, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 30, 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

M24660

R/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2005-03065 Nu Li Lin, appellant-respondent, v New York City Housing Authority, respondent-appellant. (Index No. 29917/00)

DECISION & ORDER ON MOTION

Appeal by Samuel I. Mok from an order of the Supreme Court, Kings County, dated February 2, 2005. By order to show cause dated April 6, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that Samuel I. Mok is not aggrieved by the order dated February 2, 2005 (see CPLR 5511).

Upon the papers filed in response to the order to show cause, it is

ORDERED that the order to show cause to dismiss the appeal is denied; and it is further,

ORDERED that on the court's own motion, the notice of appeal dated March 24, 2005, is deemed corrected to reflect that the plaintiff is the appellant-respondent (see CPLR 2001).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24679

L/

2005-00266 Dennis K. O'Shea, appellant, v Allison F. Hall, respondent. (Index No. 6518/03)

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 December 16, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24694

A/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO, JJ.

2003-05759 Sarika Rampersad, etc., et al., respondents, v New York City Transit Authority, et al., appellants. (Index No. 20579/99)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated June 4, 2003, which was determined by decision and order of this court dated April 26, 2004, 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., SANTUCCI, KRAUSMAN and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24680

L/

2004-10021 Frank Ressler, et al., plaintiffs-respondents, v Amusement Enterprises, Inc., appellant, Patricia A. Jenkins, defendant-respondent. (and a third-party action) (Index No. 7340/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 8, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24662

S/sl

2004-10254, 2004-10920 Riverview Partners, L.P., et al., appellants, v Chateau Rive Corporation, respondent. (Index No. 11359/04)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Westchester County, dated October 22, 2004, and a judgment of the same court entered November 3, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until August 29, 2005, and the record or appendix on the appeals 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

M24683

L/

2005-02170 Samuel Sallard, appellant, v Dwight S. Dunaway, defendant, Dmitry Trinnel, et al., respondents. (Index No. 2095/01)

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 January 12, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24512

PL/sl

2004-07251 Teri Sayegh, appellant, v Isaac Sayegh, respondent. (Index No. 34917/89)

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, Kings County, dated June 6, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 20, 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

M24667

S/sl

2004-07656 Robert Schirmer, et al., plaintiffs-respondents, v Robert A. Penkert, defendant third-party plaintiff-appellant; M & R Marcus Company East Meadow, Ltd., third-party defendant-respondent. (Action No. 1) (Index No. 00364/97) Robert Schirmer, et al., plaintiffs, v Utica First Insurance Company, defendant third-party plaintiff-respondent; Robert A. Penkert, third-party defendant-appellant. (Action No. 2) (Index No. 22366/98) Robert A. Penkert, d/b/a Woodcleft Cabinet Co., appellant, v Utica First Insurance Company, et al., respondents. (Action No. 3) (Index No. 22464/99)

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, Nassau County, dated June 4, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 1, 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

M24688

L/

2004-09177 Sherri Smith, et al., respondents, v Dariush Zargaroff, etc., et al., defendants, Paul Cutrofello, etc., appellant. (Index No. 1613/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated September 15, 2004.

Upon the stipulation of the parties, dated March 14, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24665

E/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON, JJ.

2005-01080 Liliana South, et al., respondents, v K-Mart Corporation, defendant, Sersons Corporation, et al., appellants. (Index No. 31703/00)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated December 22, 2004, to stay the trial in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24685

L/

2004-08912 Suffolk County Water Authority, plaintiff- respondent, v Royal Insurance Company, appellant, Elmore Associates, defendant- respondent. (Index No. 2111/02)

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 14, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24603

PL/sl

2004-10671 John Viera, et al., respondents, v Almito Nieves, et al., defendants, Segal, Goodman & Goodman, appellant. (Index No. 10594/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated October 8, 2004.

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

M24532

A/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2005-03160 Mindi Yeger, respondent, v David Yeger, appellant. (Index No. 3964/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Rockland County, dated March 10, 2005, to stay all proceedings in the above-entitled action, and for a preference in the calendaring of the appeal, and application by the respondent to enlarge the time to serve and file a brief on the appeal.

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

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action is granted, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the branch of the motion which is for a preference is denied; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until May 24, 2005, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24524

PL/sl

2004-09161 Nikki Yioves, appellant, v T.J. Maxx, Inc., respondent. (Index No. 28678/02)

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, Queens County, dated September 9, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 21, 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

M24653

C/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2005-03544 Thomas Young, appellant, v Breezy Point Cooperative, Inc., respondent. (Index No. 3358/05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings to evict him from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated March 14, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24262

R/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-02323 In the Matter of Michael C. Coppola, et al., appellants, v Good Samaritan Hospital Medical Center, et al., respondents. (Index No. 24276/03)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondent Good Samaritan Hospital Medical Center, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated February 17, 2004, on the ground that it has been rendered academic.

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24690

L/

2004-05256 In the Matter of County of Nassau, appellant; Zorc & Chase, respondent. (Index No. 3360/04)

ORDER ON APPLICATION Application to Withdraw Proceeding

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated June 1, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24654

S/sl

2004-07862 In the Matter of Executive Towers at Lido, LLC, et al., respondents, v New York State Division of Housing and Community Renewal, appellant. (Index No. 8448/03)

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 and judgment (one paper) of the Supreme Court, Nassau County, entered July 29, 2004.

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

M24607

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2003-11454 In the Matter of Field Home-Holy Comforter, respondent-appellant, v Antonia Novello, etc., et al., appellants-respondents. (Appeal No. 1) 2004-03117 In the Matter of Field Home-Holy Comforter, respondent-appellant, v Antonia Novello, etc., et al., appellants-respondents, Wayne Osten, respondent-respondent. (Appeal No. 2) (Index No. 10232/99)

ORDER ON APPLICATION

Application by the respondent-appellant on appeals and cross appeals from a judgment of the Supreme Court, Westchester County, entered November 18, 2003, and an order of the same court dated March 1, 2004, pursuant to 22 NYCRR 670.8(d)(2), to enlarge the time to serve and file a reply brief.

ORDERED that the application is granted and the respondent-appellant's reply brief shall be served and filed on or before May 25, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24663

R/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2005-01771, 2005-01772 In the Matter of Karim L. (Anonymous). Heartshare Human Services, Inc., respondent; Criseena L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Shakwon Angel W. (Anonymous). Heartshare Human Services, Inc., respondent; Criseena L. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-6372/99, B-17670/99)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court

Motion by counsel assigned to represent the appellant in proceedings before the Family Court, Kings County, inter alia, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Kings County, both dated December 14, 2004, and to grant the appellant leave to prosecute the appeals as a poor person.

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 assigned to represent the appellant in the Family Court, Kings County, is granted, and counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before May 13, 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 are for the assignment of new counsel to represent the appellant on the appeals and to grant leave to the appellant to prosecute the appeal as a poor person are denied, with leave to renew on or before June 3, 2005, upon the submission of proper papers establishing that the appellant is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeals; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24658

S/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2005-03261 In the Matter of Vincent Loverme, a/k/a Vincenzo Loverme, deceased. Carmela Lana, appellant; Rosa Loverme, respondent. (File No. 1536/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Surrogate's Court, Suffolk County, dated February 16, 2005, in effect, to enjoin the respondent from selling, transferring, assigning, or otherwise encumbering the assets of the estate of Vincent Loverme, a/k/a Vincenzo Loverme, pending hearing and determination of the appeal.

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

ORDERED that the motion is granted and the respondent is enjoined from selling, transferring, assigning, or otherwise encumbering the assets of the estate of Vincent Loverme, a/k/a Vincenzo Loverme, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before May 31, 2005; and it is further,

 ORDERED that in the event the appeal is not perfected on or before May 31, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24657

S/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2004-08077 In the Matter of Jordan P.(Anonymous). Administration for Children's Services, respondent; Donna C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Xavier P. (Anonymous). Administration for Children's Services, respondent; Donna C. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-14432-02, N-14433-02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated March 26, 2004, for a reconstruction hearing with respect to the minutes of the proceedings which occurred before the Family Court, Queens County, on January 30, 2003, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is for a reconstruction hearing is granted, and the matter is referred to the Family Court, Queens County, for a reconstruction hearing with respect to the proceedings conducted in the above-entitled matter on January 30, 2003; and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the reconstruction hearing (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; 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 for the issuance of a scheduling order pursuant to 22 NYCRR 670.4(a).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M24609

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2003-06442 The People, etc., respondent, v Walter Adelman, appellant. (Ind. No. 44/02)

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, Richmond County, rendered July 18, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 27, 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

M24597

E/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2002-07574 The People, etc., respondent, v Kim Carl, appellant. (Ind. No. 01-01269)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the County Court, Westchester County, rendered July 30, 2002.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M24604

K/nl

SONDRA MILLER, J.

2005-03421 The People, etc., respondent, v Marvell Charles-Pierre, appellant. (Ind. No. 304/04)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Rockland County, rendered April 1, 2005, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

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

ORDERED that the motion is granted, execution of the judgment is stayed, and bail is set by depositing the sum of $25,000 cash bail; and it is further,

ORDERED that this stay shall terminate and be of no further effect 120 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal shall have been brought to argument or submitted to this court, or unless this court shall have extended this order; and it is further,

ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to begin the execution of sentence; and it is further,

ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the Clerk of the court from which the appeal is taken.

SONDRA MILLER

Associate Justice

Appellate Division: Second Judicial Department

M24612

S/nal

STEPHEN G. CRANE, J.

2005-03277 The People, etc., respondent, v Yolanda Dash, appellant. (Ind. No. 1658/03)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered April 1, 2005, and to release the appellant on her own recognizance, or in the alternative, to fix reasonable bail.

Upon the papers filed in support of the motion and upon hearing the attorneys for the respective parties, it is

ORDERED that the motion is denied.

STEPHEN G. CRANE

Associate Justice

Appellate Division: Second Judicial Department

M24655

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ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2005-03921 The People, etc., respondent, v Nadene M. Green, appellant. (Ind. No. 2665/92)

ORDER TO SHOW CAUSE

Appeal by the defendant from an order of the County Court, Dutchess County, dated April 8, 2005.

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

ORDERED that the appellant or her counsel 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 April 8, 2005, is not appealable by right or by permission (see CPL 450.10, 450.15), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before May 27, 2005; and it is further,

ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant, his counsel, and the District Attorney by ordinary mail pursuant to CPL 470.60(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M24556

F/

STEPHEN G. CRANE, J.

2005-02932 The People, etc., plaintiff, v Bangola Isles, defendant. (Ind. No. 1840/99)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated February 17, 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.

STEPHEN G. CRANE

Associate Justice

Appellate Division: Second Judicial Department

M24664

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2004-08178 The People, etc., respondent, v Joseph Torres, appellant. (Ind. No. 02-01499)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, rendered August 17, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal 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/her brief on the appeal is enlarged until August 7, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court