Appellate Division: Second Judicial Department

M10847

S/mv

2003-06532 Marcos Aguilar, et al., appellants-respondents, v Henry Marine Service, Inc., respondent-appellant, Henry Marin, et al., respondents. (Index No. 17798/02)

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 reply brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated June 19, 2003.

ORDERED that the application is granted and the respondent-appellant's reply brief shall be served and filed on or before May 21, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10870

CF/

2004-00803 Tony Angiulo, appellant, v Jeanne Marino, etc., et al., respondents. (Index No. 7345/02)

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 January 8, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M10919

L/

2003-02331 Bleakley Platt & Schmidt, LLP, respondent, v Board of Education of Greenburgh Eleven Union Free School District, et al., appellants. (Index No. 2331/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 13, 2002.

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M10846

S/mv

2003-07595 Luis Carmo, respondent, v Verizon, appellant. (Index No. 15920/01)

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 June 2, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 1, 2004, 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

M10861

CF/

2004-02470 Wieslaw Darmobit, plaintiff, v Long Island University, respondent; Sarnelli Brothers, Inc., appellant. (and a third-party action). (Index No. 18904/00)

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 February 10, 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

M10915

J/mv

2003-09513, 2003-09515 Hermione DuMorne, et al., appellants, v Carl Kemel-Pierre, etc., et al., respondents. (Index No. 26972/94)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated September 11, 2003, and September 12, 2003, respectively.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until June 21, 2004, 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

M10878

CF/

2004-02317 Robert English, respondent, v County of Nassau, et al., defendants, J.K. Electric Co., Inc., appellant. (Index No. 3925/00)

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 23, 2003.

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

M10852

S/mv

2003-09635 Sonia Erlach, appellant, v Ajinder Singh, etc., et al., respondents. (Index No. 11667/02)

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 October 14, 2003.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10476

C/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-02677 Estate of Daniel Fennessey, etc., et al., respondents, v Ronald Klinger, et al., defendants, Brunswick Hospital, appellant. (Index No. 18067/95)

DECISION & ORDER ON MOTION

Motion by the appellant to further enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated February 11, 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's time to perfect the appeal is enlarged until June 1, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10880

PL/nal

2003-07943, 2003-07944 Estate of Anita C. Smith, etc., et al., appellants, v Wendy's International, Inc., et al., respondents. (Index No. 13862/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, both dated July 31, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until June 17, 2004, 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

M10918

L/

2003-10163 Gary F. Frenz, et al., respondents, v Sudhakar R. Mettu, etc., et al., appellants. (Index No. 4511/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 8, 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 the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10921

S/mv

2003-04733 Adam Good, etc., respondent, v American Pioneer Title Insurance Company, appellant. (Index No. 10335/02)

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, Nassau County, dated April 25, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before May 17, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10850

S/mv

2003-09397 Elias M. Gregorio, appellant, v J. M. Dennis Construction Company, Corp., defendant third-party plaintiff-respondent; General Concrete Construction, Inc., et al., third-party defendants-respondents. (Index No. 4977/00)

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, Nassau County, dated September 19, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before May 10, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10916

L/

2004-00376 Michael Hopson, respondent, v New York City Housing Authority, defendant, Dafna Construction, appellant. (Index No.1193/01)

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 November 18, 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 the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10914

J/nal

2003-05953 Sarah Hospodar-Anikin, et al., appellants, v City of New York, et al., respondents. (Index No. 21295/99)

ORDER ON APPLICATION

Application by the respondent City of New York 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 May 21, 2003.

ORDERED that the application is granted and the time of the respondent City of New York to serve and file a brief is enlarged until May 14, 2004, and that 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

M10911

J/nal

2003-09130 Huron Street Realty Corp., respondent, v Sol Lorenzo, appellant. (Index No. 10777/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated September 18, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 20, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10897

C/nal

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2004-03330 Irwin Union Bank and Trust Company, respondent, v Donald Wiest, a/k/a Donald K. Wiest, et al., appellants. (Index No. 12494/00)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, in effect, to stay their eviction from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered April 7, 2004.

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

ORDERED that on the court's own motion, the appeal from so much of the order as denied the appellants' motion for leave to reargue is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

ORDERED that on the court's own motion, the appeal from so much of the order as sanctioned the appellants' attorney is dismissed, without costs or disbursements, as the appellants are not aggrieved by that part of the order (see Tagliaferri v Weiler, _____NY3d_____[ Feb. 12, 2004]); and it is further,

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10931

L/

2003-09398 Samuel Jefferson, et al., plaintiffs- respondents, v Darwin A. Villacis, et al., appellants, Shajarah H. Williams, et al., defendants-respondents. (Index No. 9105/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 15, 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 the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10867

CF/

2003-09940 L. Scott Johnson, respondent, v Mark Joseph, et al., appellants. (Index No. 16015/00)

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 September 26, 2003.

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

M10866

CF/

2003-10251 Jody Kavulich, respondent, v Antonio Ibarra, appellant. (Index No. 12000/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated April 9, 2003.

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

M10886

CF/

2003-10166 Roopnarine Kissoon, et al., appellants, v Arlen Realty, Inc., et al., defendants, I.S.J. Management Corp., et al., respondents. (Index No. 8377/96)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 25, 2003.

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

M10875

CF/

2003-11249 Jennifer Kobrin, et al., respondents, v Meltzer, Fishman, Madigan & Campbell, et al., defendants, Sidney I. Zelin, et al., appellants. (Index Nos. 11935/02, 10507/03, 6471/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated November 13, 2003.

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

M10892

C/nal

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-08850 Kenneth Kunz, appellant, v Patricia A. Gleeson, respondent. (Index No. 001565/01)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, entered August 19, 2003, for failure to timely perfect the same.

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; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until June 1, 2004, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10843

S/mv

2003-06286 Midwest First Financial, L.P., respondent, v First American Title Insurance Company of New York, appellant. (Index No. 8833/00)

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, Nassau County, dated October 21, 2002.

ORDERED that the application is granted and the reply brief shall be served and filed on or before June 4, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10780

Y/mv

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-06628 Leslie Wynn Miller, respondent-appellant, v Matthew Stewart Miller, appellant-respondent. (Index No. 16844/00)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered June 20, 2003, to strike Points I, II, IV, and V of the respondent-appellant's reply brief on the ground that these Points raise issues which are not properly raised in the reply brief.

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

ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal and cross appeal for determination upon the argument or submission of the appeal and cross appeal.

ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10882

CF/

2004-01391 New York Hospital Medical Center of Queens, a/a/o George Holman, Baner Mendez Rodriguez, Hong Park, appellant, v Allstate Insurance Company, respondent. (Index No. 17231/02)

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 December 18, 2003.

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

M10910

J/mv

2003-09789 North Shore Environmental Solutions, Inc., et al., appellants, v Allen K. Glass, etc., et al., respondents. (Index No. 19903/02)

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, Nassau County, entered September 15, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 29, 2004, 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

M10868

CF/

2004-01041 Onebeacon Insurance, etc., et al., appellants, v Frederic R. Ramadan, et al., respondents. (Index No. 12672/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 21, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10917

L/

2004-00726 Lorraine Parkis, appellant, v Antoine W. Davis, et al., respondents. (Index No. 12637/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, entered December 4, 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 the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10885

CF/

2003-09824 Kimberly Patrick, appellant, v Laverne Carr, et al., respondents. (Index No. 16303/00)

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 September 26, 2003.

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

M10842

PL/nal

2003-10059 Dimas Pedras, et al., respondents, v Authentic Renaissance Modeling and Contracting, Inc., appellant. (Index No. 22371/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated September 30, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 12, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10907

L/

2003-00508, 2003-05895 Efthymios Petrou, plaintiff-respondent-appellant, v Whitman Village Housing Development Fund Corporation, et al., appellant-respondent, Mostafa Contracting Corporation, defendant-respondent- appellant, Vasca Siding, Inc., respondent. (Index No. 16199/00)

ORDER ON APPLICATION Application to Withdraw Appeal and Cross Appeals

Applications by the appellant-respondent and respondents-appellants to withdraw an appeal and cross appeals from two orders of the Supreme Court, Nassau County, dated January 9, 2003, and May 8, 2003, respectively.

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

ORDERED that the applications are granted and the appeal and cross appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10647

A/mv

FRED T. SANTUCCI, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-08888, 2004-01103 Frank R. Provenzano, appellant, v Yevgeny Iofe, et al., respondents. (Index No. 12400/03)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated August 11, 2003, and December 22, 2003, respectively, to consolidate the appeals, and to enlarge the time to perfect the appeal from the order dated August 11, 2003.

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

ORDERED that the branch of the motion is to enlarge the time to perfect the appeal from the order dated August 11, 2003, is granted; and it is further,

ORDERED that the appellant's time to perfect that appeal is enlarged until July 2, 2004, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary, as the appeals may be consolidated as of right (see 22 NYCRR 670.7[a]).

SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10857

CF/

2003-07027 Iris Ramos, respondent, v New York City Transit Authority, et al., appellants. (Index No. 16612/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 29, 2003.

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

M10896

PL/nal

2003-08335 George Thomas Riley, et al., respondents, v White Plains Hospital Center, et al., defendants, Jonathan Greenberg, etc., et al., appellants. (Index No. 12480/00)

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, Westchester County, dated August 26, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before June 30, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10790

S/mv

2003-08747 Albert Schwartzberg, et al., respondents, v Kingsbridge Heights Care Center, Inc., et al., appellants. (Index No. 17647/00)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, entered August 27, 2003, and to enlarge the time to serve and file a respondents' brief and reply brief.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 7, 2004, 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 the respondents shall serve and file their brief on or before June 22, 2004, and the reply brief shall be served and filed on or before July 7, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10863

CF/

2004-00196 Irene Schwartzburt, et al., plaintiffs-respondents, v County of Nassau, defendant-respondent; Incorporated Village of Garden City, appellant. (Index No. 3373/02)

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 November 10, 2003.

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

M10884

CF/

2003-09074 Joan Skowronski, et al., respondents, v Suffolk County Water Authority, appellant. (Index No. 16972/03)

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 15, 2003.

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

M10823

PL/mv

2003-09688 Babette L. Sommer, respondent, v Astoria Talmud Torah Association, appellant. (Index No. 14427/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated July 9, 2003.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10854

C/mv

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-06824 Naureen Tanvir, respondent, v Sheikh Tanvir, appellant. (Index No. 8308/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Westchester County, entered June 11, 2003, inter alia, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal.

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

ORDERED that the motion is denied, with leave to renew on or before July 6, 2004, upon the appellant pro se serving and filing a supplemental record containing the order of reference dated February 23, 2003, and the transcripts of the proceedings before Referee Borelli on May 6, 2003.

ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10913

L/

2003-10867 Dorothy Thomas, plaintiff-respondent, v Macy's East, Inc. s/h/a Macy's Corporation, defendant third-party plaintiff-respondent; Joseph Eletto Transfer, Inc., third-party defendant-appellant, Knickerbocker Bed Company, third-party defendant-respondent. (Index No. 15939/00)

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 August 19, 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 the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10858

CF/

2004-01346 Jodi Ann Tortomas, respondent, v John Robert Andrade, appellant. (Index No. 3519/03)

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 January 7, 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

M10920

J/mv

2003-09629 Yetta Tropp, appellant, v Michael B. Lumer, et al., defendants, Abady, Luttati, Kaiser, Saueborn & Mair, P.C., et al., respondents. (Index No. 37517/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 9, 2003.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10871

CF/

2003-11099 Michele Wetzler, respondent, v Russell F. Wetzler, appellant. (Index No. 20053/03)

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 October 21, 2003.

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

M10865

M/nal

2003-09321 In the Matter of Theresa Barton, appellant, v John Barton, respondent. (Docket Nos. V-11566-03,V-11567-03 O-18752-03, O-13574-03)

SCHEDULING ORDER

Appeal by Theresa Barton from an order of the Family Court, Kings County, dated October 9, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 22, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10860

CF/

2003-08130 In the Matter of William F. Berryman, respondent, v Catherine Zuber, appellant. (Docket No. V-1580-97)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated August 28, 2003.

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

M10667

C/nal

FRED T. SANTUCCI, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-06783 In the Matter of Maria Braun, et al., respondents, v Dominic Lieto, appellant; Putnam County Legal Aid Society, nonparty-respondent. (Docket No. F-736-02)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the nonparty-respondent to dismiss an appeal from an order of the Family Court, Putnam County, dated July 16, 2003, for failure to timely perfect the appeal.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the appeal in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10874

M/nal

2003-10441 In the Matter of Joseph Bruno, appellant, v Lorraine Kerr, respondent, Mary Ann Daly, respondent-respondent. (Docket Nos. G-03730/03, G-03731/03, G-03732/03)

SCHEDULING ORDER

Appeal by Joseph Bruno from an order of the Family Court, Dutchess County, dated October 31, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 22, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10663

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

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

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the Law Guardian to be relieved of an assignment to represent the children on an appeal from an order of the Family Court, Orange County, dated February 20, 2004.

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

ORDERED that the motion is granted, and the Law Guardian, Cheryl E. Maxim, Esq., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the children:

Hal B. Greenwald, Esq.

35 East Grassy Sprain Road - Suite 507

Yonkers, New York 10710

(914) 793-3700

ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10820

M/nal

2003-10215 In the Matter of Jill DiGiacomo, respondent, v Nicholas DiGiacomo, appellant. (Docket No. F-1479/86)

ORDER TO SHOW CAUSE

Appeal by Nicholas DiGiacomo from an order of the Family Court, Suffolk County, dated October 1, 2003. By scheduling order dated March 18, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated March 18, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 19, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10772

S/mv

DAVID S. RITTER, J.P.

HOWARD MILLER

SONDRA MILLER

STEPHEN G. CRANE, JJ.

2003-10444 In the Matter of Dutchess County Department of Social Services, o/b/o Angel Marie L. (Anonymous), petitioner-respondent, v Dorothy L. (Anonymous), respondent; Daniel J. Schneider, nonparty-appellant. (Docket No. N 7498-02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 12, 2004, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the petitioner-respondent to dismiss an appeal from an order of the Family Court, Dutchess County, entered October 26, 2003, on the grounds that the appellant is not aggrieved by the order, and the appellant has not properly perfected the appeal by failing to include certain transcripts in the original papers.

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

ORDERED that the motion is denied without prejudice to raising the issues in the petitioner-respondent's brief; and it is further,

 ORDERED that on the court's own motion, the time of the petitioner-respondent Dutchess County Department of Social Services to serve and file a brief is enlarged until May 21, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10845

PL/nal

2003-09935 In the Matter of Estate of Margaret A. Capolino, deceased. Kenneth L. Capolino, appellant; General Insurance Company of America, et al., respondents. (Index No. 75491/84)

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 decree of the Surrogate's Court, Dutchess County, dated October 8, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 6, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10905

S/mv

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-06481 In the Matter of David M. Gladstone, appellant, v Zoning Board of Appeals of Incorporated Village of Southampton, respondent; James Jordan, Jr., a/k/a James Joseph Jordan, Jr., etc., et al., intervenors- respondents. (Index No. 9275/02)

DECISION & ORDER ON MOTION

Application by the intervenors-respondents to substitute James Jordan, Jr., a/k/a James Joseph Jordan, Jr., as personal representative of the estate of James Jordan, for the deceased intervenor-respondent, James Jordan, on an appeal from an order of the Supreme Court, Suffolk County, dated July 14, 2003.

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

ORDERED that the application is granted, and James Jordan, Jr., a/k/a James Joseph Jordan, Jr., as personal representative of the estate of James Jordan, is substituted for the deceased intervenor-respondent James Jordan, and the caption of the action has been amended accordingly; and it is further,

ORDERED that on the court's own motion, the intervenors-respondents' time to serve and file a brief is enlarged until May 21, 2004, and the intervenors-respondents' brief shall be served and filed on or before that date; and it is further,

 ORDERED that the appellant's reply brief, if any, shall be served and filed on or before June 7, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10712

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

GLORIA GOLDSTEIN, JJ.

2003-10713 In the Matter of Daffodil Graham, respondent, v Michael White, appellant. (Docket No. V-11769-02)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated October 28, 2003, as a poor person, and for the assignment of counsel.

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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); 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 proceedings, if any, except for those minutes previously transcribed and certified (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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

John F. DeChiaro, Esq.

2001 Palmer Road - Suite 204

Larchmont, New York 10538

(914) 834-4400

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10862

M/nal

2003-01450 In the Matter of Camilla Grant, respondent, v Donald Johnson, appellant. (Docket No. U-25373-00)

ORDER TO SHOW CAUSE

Appeal by Donald Johnson from an order of the Family Court, Kings County, dated September 27, 2002. By scheduling order dated December 8, 2003, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated December 8, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 19, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10881

M/nal

2003-10468 In the Matter of Jesse J. (Anonymous), appellant. (Docket No. D-14358/01)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Queens County, dated October 29, 2003. 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 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until May 25, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10818

M/nal

2004-01926 In the Matter of Lydia Kowalski, respondent, v Jerome Kowalski, appellant. (Docket No. F-00157-01)

ORDER TO SHOW CAUSE

Appeal by Jerome Kowalski from an order of the Family Court, Nassau County, dated March 5, 2004. By scheduling order dated March 19, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated March 19, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 19, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10887

M/nal

2003-11437 In the Matter of Daniel L. (Anonymous), appellant. (Docket No. D-3653/03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Queens County, dated December 4, 2003. 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 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until May 24, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10864

M/nal

2003-10902, 2003-10903, 2003-10904, 2003-10905 In the Matter of Female L. (Anonymous). St. Joseph Services for Children & Families, petitioner; St. Christopher-Ottilie, et al., petitioner- respondents; Ruth L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Branchesko Schernovick L. (Anonymous). St. Joseph Services for Children & Families, petitioner; St. Christopher-Ottilie, et al., petitioner- respondents; Ruth L. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Socrates L. (Anonymous). St. Joseph Services for Children & Families, petitioner; St. Christopher-Ottilie, et al., petitioner- respondents; Ruth L. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Crystal V. (Anonymous). St. Joseph Services for Children & Families, petitioner; St. Christopher-Ottilie, et al., petitioner- respondents; Ruth L. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. B-1553-00, B-1554-00, B-1555-00, B-1556-00)

SCHEDULING ORDER

Appeals by Ruth L. from four orders of the Family Court, Queens County, all dated July 31, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 22, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10890

M/nal

2003-06482 In the Matter of Arnold M. (Anonymous). Department of Social Services, respondent; Angelina P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jennamarie M. (Anonymous). Department of Social Services, respondent; Angelina P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Kristen M. (Anonymous). Department of Social Services, respondent; Angelina P. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Nickola M. (Anonymous). Department of Social Services, respondent; Angelina P. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Vanessa M. (Anonymous). Department of Social Services, respondent; Angelina P. (Anonymous), appellant. (Proceeding No. 5) (Docket Nos. B-7413-17-02)

SCHEDULING ORDER

Appeal by Angelina P. from an order of the Family Court, Orange County, dated June 3, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 26, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10895

M/nal

2003-09480 In the Matter of Nicholas M. (Anonymous), appellant. (Docket No. D-3078/02)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Queens County, dated September 30, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 26, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10883

M/nal

2003-10041 In the Matter of Raymond M. (Anonymous). Orange County Department of Social Services, respondent; Benjamin M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Samantha M. (Anonymous). Orange County Department of Social Services, respondent; Benjamin M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Tiffany M. (Anonymous). Orange County Department of Social Services, respondent; Benjamin M. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. NA-2487-03, NN-2488-03, NN-2489-03)

SCHEDULING ORDER

Appeal by Benjamin M. from an order of the Family Court, Orange County, dated October 21, 2003. 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 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until June 28, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10632

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-00472 In the Matter of Santiago Montez, appellant, v Lorraine Montez, respondent. (Docket No. F-15540-02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated December 8, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10848

M/nal

2004-00204 In the Matter of James Moore, appellant, v Veronica Wallace, respondent. (Docket No. V-12735/03)

ORDER TO SHOW CAUSE

Appeal by James Moore from an order of the Family Court, Kings County, dated December 8, 2003. By scheduling order dated March 9, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated March 9, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 19, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10198

C/mv

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-01616, 2004-01619 In the Matter of Distiny Angelina N. (Anonymous). Administration for Children's Services, petitioner- respondent; Luis N. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Tabettha Wanda N. (Anonymous). Administration for Children's Services, petitioner- respondent; Luis N. (Anonymous), appellant, et al., respondent (Proceeding No. 2) (Docket Nos. B-10330/01, B-10331/01)

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

Motion by the appellant, inter alia, for leave to prosecute appeals from two orders of the Family Court, Kings County, both dated January 27, 2004, as a poor person, for the assignment of counsel, and to stay enforcement of the orders pending the hearing and determination of the appeals.

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 branches of the motion which are for poor person relief and the assignment of counsel are granted; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); 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 proceedings, if any, except for those minutes previously transcribed and certified (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 appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:

Richard Herzfeld, Esq.

555 Fifth Avenue - 14th Floor

New York, N.Y. 10017

(212) 818-9019

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); 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 appeals are taken; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10893

M/nal

2003-10470 In the Matter of Janay P. (Anonymous), appellant. (Docket No. D-6502/03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Queens County, dated November 19, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 26, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10877

CF/

2004-00026 In the Matter Paradise Point Oyster Farms, Inc., respondent, v Suffolk County Legislature, et al., appellants. (Index No. 19513/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated November 17, 2003.

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

M10648

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

GLORIA GOLDSTEIN, JJ.

2004-00774 In the Matter of Jessica S. (Anonymous). Administration for Children's Services, respondent; Arthur S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Patrice S. (Anonymous). Administration for Children's Services, respondent; Arthur S. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Nadine G. (Anonymous). Administration for Children's Services, respondent; Arthur S. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-3474-00, N-3475-00, N-3476-00)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in proceedings before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Richmond County, dated December 16, 2003, and for leave to the appellant to prosecute the appeal as a poor person.

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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); 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 proceedings, if any, except for those minutes previously transcribed and certified (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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 227-0206

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10909

O/mv

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2004-02009 In the Matter of Nancy A. Sebastiani, respondent, v Sam T. Locatelli, appellant. (Docket No. F-16153/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Westchester County, dated December 22, 2003, to stay all proceedings to enforce any judgment which might be entered 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 denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10853

M/nal

2003-10282 In the Matter of Gabriela Shafy, respondent, v Hector Barrios, appellant. (Docket No. F-2666/97)

ORDER TO SHOW CAUSE

Appeal by Hector Barrios from an order of the Family Court, Suffolk County, dated October 10, 2003. By scheduling order dated January 5, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 5, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 19, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10844

M/nal

2003-09599 In the Matter of Suffolk County Department of Social Services, etc., respondent, v Barbara Sass, appellant; Michael Sass, nonparty-appellant. (Docket No. F-3249/91)

ORDER TO SHOW CAUSE

Separate appeals by Barbara Sass and Michael Sass from an order of the Family Court, Suffolk County, dated September 24, 2003. By separate scheduling orders, each dated March 4, 2004, the appellants were directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) an affidavit or an affirmation withdrawing the appeals.

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling orders dated March 4, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 19, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10876

M/nal

2002-07989, 2002-07990 In the Matter of Jeremiah Kwimea T. (Anonymous). Pius XII Youth & Family Services, et al., respondents; Jeremiah T. (Anonymous), Sr., et al., appellants. (Docket No. B-579/00)

SCHEDULING ORDER

Separate appeals by Jeremiah T., Sr., and Patricia P. from an order and findings of fact of the Family Court, Queens County, both dated August 5, 2002. The brief of the appellant Patricia P. was served and filed in the office of the Clerk of this court on August 8, 2003, and the brief of the appellant Jeremiah T., Sr., was served and filed in the office of the Clerk of this court on January 23, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the law guardian to serve and file a brief on the appeals is enlarged until May 28, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10879

M/nal

2003-09822 In the Matter of Angel V. (Anonymous), appellant. (Docket No. D-24696/03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Kings County, dated October 1, 2003. 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 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until May 24, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10873

M/nal

2003-05607 In the Matter of Mikail V. (Anonymous), appellant. (Docket Nos. E-4615-03, D-4930-03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Suffolk County, dated May 15, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 22, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10666

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

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

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

Motion by the appellant Thomas W. for leave to prosecute his appeals from two orders of the Family Court, Queens County, dated October 10, 2003, and February 24, 2004, respectively, 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 granted; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellants, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); 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 proceedings, if any, except for those minutes previously transcribed and certified (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 counsel for Thomas W., 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 appeals, including the Law Guardian, if any, when counsel serves Thomas W.'s brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals on behalf of Thomas W.:

Albino Testani, Esq.

90-50 Parsons Boulevard- Suite 401

Jamaica, NewYork 11432

(718) 725-1400

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals on behalf of Thomas W. expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); 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 appeals are taken.

ALTMAN, J.P., GOLDSTEIN, ADAMS, and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10746

F/

NANCY E. SMITH, J.P.

HOWARD MILLER

SONDRA MILLER

DANIEL F. LUCIANO, JJ.

2004-01877 In the Matter of Rakim W. (Anonymous). Dutchess County Department of Social Services, respondent; Suwauney W.-W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Khalil W. (Anonymous). Dutchess County Department of Social Services, respondent; Suwauney W.-W. (Anonymous), appellant. (Proceeding No.2) (Docket Nos. N-2601-03, N-4342-03)

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

Motion by the appellant for leave to prosecute an appeal from an amended order of the Family Court, Dutchess County, dated January 30, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); 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 proceedings, if any, except for those minutes previously transcribed and certified (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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 227-0206

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); 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.

SMITH, J.P., H. MILLER, S. MILLER, and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10872

M/nal

2004-00412 In the Matter of Shari Weiss, respondent, v Paul A. Brobeck, appellant. (Docket No. O-14074/03)

SCHEDULING ORDER

Appeal by Paul A. Brobeck from an order of the Family Court, Nassau County, dated December 9, 2003. The transcripts in the above-entitled appeal were received by the appellant's former attorney on April 5, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 60 days of the date of this order, the appellant shall perfect the appeal or submit an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that the appellant is directed to provide copies of the transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when the appellant serves the appellant's brief upon those parties; and it is further,

ORDERED that if the appeal has not been perfected or withdrawn within 60 days of the date of this order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10675

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

GLORIA GOLDSTEIN, JJ.

2003-04626 The People, etc., respondent, v Gus Bethea, appellant. (Ind. No. 1237/02)

DECISION & ORDER ON MOTION

Motion by Daniel F. Lynch, Esq., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered May 12, 2003, and to continue the appellant's poor person status on the appeal. The appellant's motion to dispense with printing and for assignment of counsel was granted on August 4, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 said assigned counsel is directed to turn over all papers in the action to retained counsel:

Daniel F. Lynch, Esq.

20 Vesey Street - Suite 410

New York, New York 10007

and it is further,

ORDERED that the appellant's poor person status is continued; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

Daniel F. Lynch, Esq.

20 Vesey Street - Suite 410

New York, New York 10007

Appellate Division : Second Judicial Department

M10589

L/

MYRIAM J. ALTMAN, J.

2004-01076 The People, etc., plaintiff, William Anthony Evans, defendant. (Ind. No. 74670)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated December 10, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

MYRIAM J. ALTMAN

Associate Justice

Appellate Division: Second Judicial Department

M10674

F/

FRED T. SANTUCCI, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-10827 The People, etc., respondent, v Anthony Garcia, appellant. (Ind. No. 3212/00)

DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes

Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Queens County, rendered December 3, 2003, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.

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

ORDERED that that branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,

ORDERED that the motion is otherwise 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, if any, 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); retained 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 retained counsel; and it is further,

ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide counsel with a copy of the pre-sentence 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 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 retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged.

SANTUCCI, J.P., TOWNES, CRANE, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

Alexander M. Dudelson, Esq.

Law Offices of Louis R. Rosenthal, Esq.

16 Court Street - 32nd Floor

Brooklyn, New York 11241

Appellate Division: Second Judicial Department

M10069

L/

ANITA R. FLORIO, J.

2003-07873 The People, etc., plaintiff, v Randolph Hinton, defendant. (Ind. No. 78-00541)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, dated August 11, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

ANITA R. FLORIO

Associate Justice

Appellate Division: Second Judicial Department

M10079

L/

ANITA R. FLORIO, J.

2003-03975 DECISION & ORDER The People, etc., plaintiff, v Brandon Holmes, defendant. (Ind. No. 3705/88)

ON MOTION

Motion by the defendant for reargument of his prior application 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 April 8, 2003, which was determined by me on September 5, 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.

ANITA R. FLORIO

Associate Justice

Appellate Division: Second Judicial Department

M10751

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2001-11174 The People, etc., respondent, v Damien Jenkins, appellant. (Ind. No. 00-00866)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Westchester County, rendered November 13, 2001, and for the assignment of new counsel to prosecute the appeal. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on March 1, 2002, and February 25, 2003, respectively, and the following named attorney was assigned as counsel to prosecute the appeal:

Susan B. Marhoffer, Esq.

344 Main Street - Suite 108

Mt. Kisco, New York 10549

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

ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Robert P. McGrath, Esq.

One Moran Place

New Rochelle, New York 10801

and it is further,

ORDERED that upon service of a copy of this decision and order 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 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.

ALTMAN, J.P., GOLDSTEIN, ADAMS, and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

01 A 6224

Coxsackie Corr. Fac.

P.O. Box 200

West Coxsackie, New York 12051

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10054

L/

ANITA R. FLORIO, J.

2003-02827 The People, etc., plaintiff, v Jonathan Johnson, defendant. (Ind. No. 5837/86)

DECISION & ORDER ON MOTION

Motion by the defendant for reargument of his prior application, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated March 4, 2003, which was determined by me on September 5, 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.

ANITA R. FLORIO

Associate Justice

Appellate Division: Second Judicial Department

M10685

F/

FRED T. SANTUCCI, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

1994-06914 The People, etc., respondent, v Willie Jordan, a/k/a Robert Jones, appellant. (Ind. No. 2002/94)

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, Kings County, rendered July 22, 1994.

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]).

SANTUCCI, J.P., TOWNES, CRANE, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10684

F/

FRED T. SANTUCCI, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

1995-06000 The People, etc., respondent, v Herman Mendez, appellant. (Ind. No. 10669/94)

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, Kings County, rendered June 20, 1995.

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]).

SANTUCCI, J.P., TOWNES, CRANE, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10686

F/

FRED T. SANTUCCI, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2001-01073, 2001-01074 The People, etc., respondent, v Jeffrey T. Minerve, appellant. (Ind. Nos. 00-00810, 00-00811)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned appeals from two judgments of the County Court, Westchester County, both rendered November 27, 2000.

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

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

SANTUCCI, J.P., TOWNES, CRANE, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10072

L/

ANITA R. FLORIO, J.

2003-07938 The People, etc., plaintiff, v Frank Rivera, defendant. (Ind. No. 1525/98)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated August 7, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

ANITA R. FLORIO

Associate Justice