Appellate Division: Second Judicial Department

M11039

O/sl

DAVID S. RITTER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

PETER B. SKELOS, JJ.

2003-03697 James Abenante, et al., respondents, v Star Gas Corporation, etc., appellant. (Index No. 6525/97)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from a judgment of the Supreme Court, Orange County, dated March 13, 2003, to strike the appellant's brief on the grounds, inter alia, that it refers to matters dehors the record and to enlarge the time to serve and file a brief. Cross motion by the appellant for the imposition of sanctions against respondents' counsel.

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

ORDERED that the cross motion is denied; and it is further,

ORDERED that the branch of the motion which is to strike the appellant's brief is granted, and the brief is stricken; and it is further,

ORDERED that on or before June 9, 2004, the appellant shall serve and file a new brief which is in compliance with the rules of this court (see NYCRR 670.10.3), and does not refer to matters dehors the record; and it is further,

 ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until July 7, 2004, and the respondents' brief must be served and filed on or before that date.

RITTER, J.P., ADAMS, TOWNES and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11119

C/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-02822 Salomon Baker, appellant, v Flora Baker, respondent. (Index No. 19/03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to appeal to this court from a so-ordered transcript of the Supreme Court, Suffolk County, dated February 5, 2004, and to stay the trial in the above-entitled action pending the 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 on the court's own motion, the notice of appeal from the so-ordered transcript is deemed to be a premature notice of appeal from an order of the same court dated April 28, 2004 (see CPLR 5520[c]); and it is further,

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied.

SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11131

C/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-10153 Alison Conlon, respondent, v Milton Teicher, et al., appellants. (Index No. 7262/03)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Suffolk County, dated October 16, 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, the appeal is placed on the calendar for Tuesday, June 1, 2004, and the appeal shall be heard on that day.

SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11129

CF/

2003-09365 Consolidated Payroll Services, Inc., appellant, v Irving Berk, respondent. (Index No. 42941/02)

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 October 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

M11159

Y/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-03222 Kathryn M. Davis, et al., respondents, v Incorporated Village of Babylon, et al., appellants. (Index No. 1670/02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated March 31, 2004.

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

ORDERED that the motion is denied.

SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11161

K/sl

FRED T. SANTUCCI, J.P.

MYRIAM J. ALTMAN

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2003-06346 Michael G. Dolin, etc., respondent, v Melvyn Roth, appellant. (Index No. 22051/98)

ORDER TO SHOW CAUSE

The defendant, Melvyn Roth, having appealed to this court from an order of the Supreme Court, Nassau County, dated June 20, 2003, and having perfected the appeal on September 12, 2003, and no brief having been filed by the respondent, the matter was placed on this court's calendar for April 1, 2004. By letter dated March 29, 2004, counsel for the appellant advised this court that the parties had resolved the issue raised on this appeal and that the appellant wished to withdraw the appeal. A stipulation to that effect was annexed to the letter, however, the stipulation was dated December 3, 2003.

Now on the court's own motion, it is

ORDERED that the parties or their counsel are directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate 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 all parties to the action on or before May 28, 2004.

Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).

The Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11163

PL/sl

2003-10176 Steven Eldridge, et al., respondents, v Valrose Realty Company, et al., appellants. (Index No. 3190/02)

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, Westchester County, dated October 9, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 6, 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

M11117

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NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-10260 Denise Filaski-Fitzgerald, et al., appellants, v Town of Huntington, et al., respondents. (Index No. 31195/01)

DECISION & ORDER ON MOTION

Motion by Geoghan Cohen & Bongiorno, the attorney for the appellants, for leave to withdraw as counsel and to enlarge the appellants' time to perfect their appeal from an order of the Supreme Court, Suffolk County, dated October 10, 2003.

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 Geoghan Cohen & Bongiorno is relieved from representing the appellants with respect to the instant appeal; and it is further,

ORDERED that on or before May 21, 2004, Geoghan Cohen & Bongiorno is directed to serve its clients by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that no further proceedings shall be taken against the appellants, without leave of the court, until the expiration of 30 days after service upon them of a copy of this decision and order; and it is further,

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

SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11135

J/sl

2003-06713, 2004-00984 Ira Hochman, et al., respondents, v Robert LaRea, et al., defendants, Major Automotive Companies, Inc., f/k/a Fidelity Holdings, Inc., appellant. (Index No. 15522/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Nassau County, dated May 23, 2003, and October 7, 2003, respectively.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until June 1, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11126

J/sl

2003-04876, 2003-09387 J. Sackaris & Sons, Inc., respondent-appellant, v Terra Firma Construction Management & General Contracting, LLC, defendant third-party plaintiff- appellant-respondent, United States Fidelity and Guaranty Company, a/k/a St. Paul Fire and Marine Insurance Company, defendant-appellant-respondent, et al., defendants; Breger-Terjesen Associates, et al., third-party defendants-respondents. (Index No. 8884/99)

ORDER ON APPLICATION

ORDERED that the order on application of this court dated May 4, 2004, is amended by adding to the last decretal paragraph thereof, the following words:

";and it is further,

ORDERED that respondent-appellant shall serve and file a reply brief on the cross appeal on or before June 16, 2004."

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11101

S/sl

2003-08729 Lemonia Kolivas, plaintiff- respondent, v Maureen D. Kirchoff, et al., appellants, Emmanuel Giakoumis, et al., defendants- respondents. (Index No. 20371/01)

ORDER ON APPLICATION

Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated July 7, 2003, and to enlarge the appellants' time to serve and file a reply brief.

ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until June 7, 2004, and the plaintiff-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the reply brief, if any, shall be served and filed on or before June 28, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11183

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-11405 Liberty Mutual Insurance Company, et al., respondents, v Parallel Management, et al., defendants, Lloyd Berns, et al., appellants. (Index No. 18068/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated December 22, 2003.

Upon the stipulation of the attorneys for the respective parties, dated on or about April 2004, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11088

S/sl

2003-10885 Thomas F. Liotti, etc., respondent, v Ernest J. Peace, etc., appellant, et al., defendants. (Index No. 8128/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated November 6, 2003.

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged, and the respondent's brief which was submitted to the Clerk of this court on May 4, 2004, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11125

CF/

2003-08445 Rafael Moreno, et al., respondents, v Jian Ying Du, appellant. (Index No. 44629/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 20, 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

M11096

S/sl

2003-11064 Nations Credit Home Equity Services, appellant, v Evelyn Anderson, et al., respondents. (Index No. 4380/00)

ORDER ON APPLICATION

Application by the respondent Mary Kellerman pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated October 27, 2003.

ORDERED that the application is granted and the time of the respondent Mary Kellerman to serve and file a brief is enlarged until August 4, 2004, and the movant'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

M11090

S/sl

2003-08775, 2003-08776, 2003-08777, 2003-08778, 2003-08779, 2003-10443, 2003-11119 Nancy E. Navin, respondent, v Richard Navin, appellant. (Index No. 2890/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the same court, dated August 21, 2003, an order and judgment (one paper) of the same court, entered September 3, 2003, three orders of the same court, all dated August 21, 2003, an order of the same court dated October 27, 2003, and a judgment of the same court dated November 5, 2003.

ORDERED that the application is granted, the appellant's time to perfect the appeals is enlarged until August 11, 2004, and the record or appendix on the appeals 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

M11102

S/sl

2003-08011 Norwest Mortgage, Inc., respondent, v Thomas L. Blount, et al., appellants, et al., defendants. (Index No. 27337/97)

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, Nassau County, dated June 25, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 21, 2004, and the record or appendix on the appeal and the 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

M11155

R/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-03691 The People of the State of New York, respondent, v Sidney Goldenberg, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled matter pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 25, 2004.

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

ORDERED that the motion is denied.

SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11123

CF/

2004-02925 Margaret Rosenthal, plaintiff-respondent, v Alexander's Inc., et al., defendants-respondents; Utica Mutual Insurance, Co., et al., appellants. (Index No. 24737/01)

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 March 12, 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

M11100

S/sl

2003-10127 Mohammad Salim, appellant, v Steve Gomez, et al., respondents. (Index No. 29703/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated October 15, 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

M11109

S/sl

2003-06665 Omrie Scott, etc., plaintiff-respondent, v City of New York, appellant, Edward J. Gladick, defendant-respondent. (Index No. 4043/01)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the defendant-respondent's time to serve and file a brief is enlarged until July 2, 2004, and the defendant-respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11152

E/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-07005 Shefa Unlimited, Inc., et al., appellants- respondents, v Amsterdam & LeWinter, et al., respondents-appellants. (Index No. 11407/02)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated June 27, 2003, to enlarge the time to perfect the appeal.

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

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

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until June 9, 2004, and the joint record or joint appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

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

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

SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11099

PL/sl

2003-09649 Crystal Stevens, respondent-appellant, v New York City Transit Authority, et al., appellants-respondents. (Index No.3454/00)

ORDER ON APPLICATION

On the court's own motion, it is

ORDERED that the order on application of this court dated April 28, 2004, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) on an appeal and a cross appeal from a judgment of the Supreme Court, Kings County, dated August 5, 2003, to enlarge the time to perfect the appeal.

ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until June 23, 2004, and the joint record or joint appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED the respondent-appellant's answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), shall be served and filed in accordance with the rules of this court.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11188

Y/sl

FRED T. SANTUCCI, J.P.

NANCY E. SMITH

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2003-06928 Canan Taskiran, etc., et al., respondents, v Michael B. Murphy, et al., appellants. (Index No. 3409/03)

DECISION & ORDER ON MOTION

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

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 respondents' time to serve and file a brief is enlarged until May 10, 2004, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that service of the respondents' brief shall be by personal delivery to Thaler & Gertler, LLP, attorney for the appellants; and it is further,

ORDERED that no further enlargements of time shall be granted.

SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11127

CF/

2004-00478 Hildred Thomas, appellant, v Nepho-Care, Inc., et al., respondents. (Index No. 44883/97)

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 December 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

M10507

L/

2003-03371 Michael Tucker, et al., respondents-appellants, v AM Sutton Associates, et al., appellants- respondents. (Index No. 6165/00)

ORDER ON APPLICATION Application to Withdraw Cross Appeal

Application by the respondents-appellants to withdraw their cross appeal from a judgment of the Supreme Court, Suffolk County, dated February 27, 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 cross appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11098

S/sl

2003-05936 Melvyn I. Weiss, et al., appellants, v Polymer Plastics Corporation, et al., defendants third-party plaintiffs-respondents; Prima Plastering, Inc., third-party defendant- respondent. (Index No. 19550/99)

ORDER ON APPLICATION

Application by the respondents Polymer Plastics, Inc., Vitricon, Inc., and EIFS, Inc., 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 May 16, 2003.

ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until July 6, 2004, and the movants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11128

J/sl

2003-08166 Gina Young, et al., respondents, v Johnson Tseng, et al., appellants. (Index No. 12894/00)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated May 22, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 1, 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

M11132

PL/sl

2004-01370 Jordan Young, etc., respondent, v Robert K. Young, appellant. (Index No. 2004-01370)

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 December 2, 2003.

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

M11107

M/nal

2004-00729 In the Matter of Pierre (Anonymous). Marlene S. (Anonymous), et al., appellants; Rockland County Attorney, respondent. (Docket No. AC-2906/03)

SCHEDULING ORDER

Appeal by Marlene S. and Emmanuel S. from an order of the Family Court, Rockland County, dated December 22, 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 appellants' 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 appellants' brief on the appeal is enlarged until May 21, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11167

E/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-01583 In the Matter of Lisa A. (Anonymous). St. Vincent's Services, respondent; Lesley M.A. (Anonymous), appellant. (Docket No. B-3643/01)

DECISION & ORDER ON MOTION

Motion by Lesley M.A., inter alia, for leave to reargue her motion, in effect, inter alia, to recall and vacate a decision and order on motion of this court dated January 27, 2004, which dismissed an appeal from an order of the Family Court, Queens County, dated February 14, 2003, in the above-entitled proceeding, for failure to comply with a scheduling order dated August 8, 2003, issued pursuant to 22 NYCRR 670.4(a), to reinstate the appeal, and to enlarge the time to perfect 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11118

M/nal

2003-05960 In the Matter of Patti A. (Anonymous). Administration for Children's Services, petitioner- respondent; Kathryn A. (Anonymous), appellant; Mark H. (Anonymous), respondent-respondent; Arline A. (Anonymous), nonparty-respondent. (Docket No. N-11930-01)

SCHEDULING ORDER

Appeal by Kathryn A. from an order of the Family Court, Kings County, dated June 5, 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 21, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11074

M/nal

2004-03528 In the Matter of Abigail Anaya, respondent, v Stacey H. Hundley, appellant. (Docket No. V-4675-91)

SCHEDULING ORDER

Appeal by Stacey H. Hundley from an order of the Family Court, Suffolk County, dated April 19, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11160

E/sl

DAVID S. RITTER, J.P.

SANDRA L. TOWNES

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-01282 In the Matter of Amy Bauso, appellant, v Daniel Bauso, respondent. (Docket Nos. V-12703-01, V-12966-01)

DECISION & ORDER ON MOTION

Appeal by Amy Bauso from an order of the Family Court, Queens County, dated January 13, 2004. By order to show cause dated April 19, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above entitled proceeding for failure to comply with a scheduling order dated March 5, 2004, issued pursuant to 22 NYCRR 670.4(a). Application by the appellant to withdraw the appeal.

Now, on the court's own motion and upon the papers filed in support of the application, and no other papers having been filed in opposition or relation thereto, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion is denied as academic.

RITTER, J.P., TOWNES, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11115

M/nal

2003-10506 In the Matter of Jacqueline Bielli, respondent, v Arthur Bielli, appellant. (Docket No. F-00837/02)

SCHEDULING ORDER

Appeal by Arthur Bielli from an order of the Family Court, Nassau County, dated October 27, 2003. The transcripts in the above-entitled appeal were received by the appellant on February 13, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 45 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's brief is served upon those parties; and it is further,

ORDERED that if the appeal has not been perfected or withdrawn within 45 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 Mr. Rose. Please contact him at 718-722-6313 with any questions.

Appellate Division: Second Judicial Department

M11108

M/nal

2003-00140, 2003-00142 In the Matter of Joseph-Michael C. (Anonymous). Suffolk County petitioner-respondent; Dawn C. (Anonymous), appellant, et al., respondents. (Proceeding No. 1) In the Matter of Penelope-Lynn C. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Dawn C. (Anonymous), appellant, et al., respondents. (Proceeding No. 2) (Docket Nos. B-5465-02, B-5466-02, B-5467-02, B-5468-02)

SCHEDULING ORDER Department of Social Services,

Appeals by Dawn C. from two orders of the Family Court, Suffolk County, dated December 2, 2002, and December 18, 2002, respectively. 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 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

M11114

M/nal

2003-10631 In the Matter of Nancy L. Chowanec, respondent, v Michael P. McDermott, appellant. (Docket No. F-1379/92)

SCHEDULING ORDER

Appeal by Michael P. McDermott from an order of the Family Court, Putnam County, dated October 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

M11038

M/nal

2004-03181 In the Matter of Janet Q. Corsetti, respondent, v James Krowiak, appellant. (Docket No. F-11660-03)

SCHEDULING ORDER

Appeal by James Krowiak from an order of the Family Court, Nassau County, dated March 3, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10639

M/nal

2004-03333, 2004-03334 In the Matter of Christyn Ann D. (Anonymous). Suffolk County Department of Social Services, respondent; Howard D. (Anonymous), et al., appellants. In the Matter of Stefanie Lynn D. (Anonymous). Suffolk County Department of Social Services, respondent; Charlotte D. (Anonymous), et al., appellants. (Docket Nos. B-17042-02, B-17045-02)

SCHEDULING ORDER

Separate appeals by Charlotte D. and Howard D from two orders of the Family Court, Suffolk County, dated January 23, 2004, and March 29, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11113

M/nal

2003-08809, 2003-08810, 2003-08811 2003-08812, 2003-08813 In the Matter of Ryan D. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-11691/00) In the Matter of Paula A. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-11690/00) In the Matter of Amanda D. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-11689/00) In the Matter of Nancy A. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 4) (Docket No. B-11688/00) In the Matter of Jennifer Kake A. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 5) (Docket No. B-11687/00)

SCHEDULING ORDER

Appeals by Nancy D. from five orders of the Family Court, Queens County, all dated September 8, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 28, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M9910

M/nal

2004-00253 In the Matter of Vanessa Elem, respondent, v Oscar Lee, Jr., appellant. (Docket No. P-10942/93)

SCHEDULING ORDER

Appeal by Oscar Lee, Jr., from an order of the Family Court, Kings County, dated December 2, 2003. By decision and order of this court dated March 29, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11089

M/nal

2004-03512 In the Matter of James F. (Anonymous). Nassau County Department of Social Services, appellant; Paula F. (Anonymous), et al., respondents. In the Matter of Danielle F. (Anonymous). Nassau County Department of Social Services, appellant; Paula F. (Anonymous), et al., respondents. (Docket Nos. N-09303-03, N-09304-03)

SCHEDULING ORDER

Appeal by Nassau County Department of Social Services from an order of the Family Court, Nassau County, dated March 22, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10980

A/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2004-02074 In the Matter of Ferro, Kuba, Bloom, Mangano, Gacovino & Lake, P.C., appellant; Hernan Guerrero, et al., respondents. (Ind. No. 766/03)

DECISION & ORDER ON MOTION

Motion by Thomas J. Spota, District Attorney of Suffolk County, inter alia, for leave to file an amicus curiae brief on an appeal from an order of the County Court, Suffolk County, dated March 12, 2004.

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

ORDERED that the branch of the motion which is for leave to file an amicus curiae brief is granted; and it is further,

ORDERED that the amicus curiae brief submitted to the office of the Clerk of this court is accepted for filing; and it is further,

ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,

ORDERED that the parties, if they be so advised, may serve and file reply briefs to the amicus curiae brief on or before May 17, 2004; and it is further,

 ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11097

M/nal

2004-03756 In the Matter of Andre G. (Anonymous), appellant. (Docket No. D-613/04)

SCHEDULING ORDER

Appeal by Andre G. from an order of the Family Court, Richmond County, dated April 2, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11104

M/nal

2003-10284, 2003-10285, 2003-10286 In the Matter of Ketevan Grigolava, respondent, v Gia Melikishvili, appellant. (Docket No. F-8616/02)

SCHEDULING ORDER

Appeals by Gia Melikishvili from two orders of the Family Court, Suffolk County, dated September 25, 2002, and an order of the same court dated October 8, 2003. By decision and order of this court dated April 29, 2004, the appellant's motion for leave to prosecute the above-entitled appeals as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected within 30 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 30 days of the date of this scheduling order; and it is further,

ORDERED that within 15 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

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

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

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

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 15 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals 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

M10971

F/

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2004-01743 In the Matter of Eva M. King, appellant, v Ramel Flowers, respondent. (Docket No. O-1550-04)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated February 5, 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:

Francine Shraga, Esq.

869 East 12th Street

Brooklyn, New York 11230

(718) 377-4894

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11103

M/nal

2004-02091 In the Matter of Diana Tiffany M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Jorge M. (Anonymous), appellant, et al., respondent. In the Matter of Julius Samuel M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Jorge M. (Anonymous), appellant, et al., respondent. (Docket Nos. B-3965-03, B-3966-03, N-896-99, N-923-99, N-1631-01, N-1632-01)

ORDER TO SHOW CAUSE

Appeal by Jorge M. from an order of the Family Court, Suffolk County, dated December 3, 2003. By scheduling order dated March 22, 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 proceedings for failure to comply with the scheduling order dated March 22, 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 25, 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

M10365

E/sl

ANITA R. FLORIO, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2003-07537 In the Matter of Marianne Mason, respondent, v Steve P. Travis, appellant. (Docket No. F-397/03, F-398/03)

DECISION & ORDER ON MOTION

Appeal by Steven P. Travis from an order of the Family Court, Westchester County, dated August 21, 2003. By order to show cause dated March 19, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 26, 2003, as amended by the decision and order on motion of this court dated December 26, 2003, issued pursuant to 22 NYCRR 670.4(a)(5).

Now, on the court's own motion, and the papers filed in opposition to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 26, 2003, as amended by the decision and order on motion of this court dated December 26, 2003 (see 22 NYCRR 670.4[5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11106

M/nal

2003-11089 In the Matter of John Meyers, appellant, v Wendy Beiner, respondent. (Docket No. F-00484/99)

SCHEDULING ORDER

Appeal by John Meyers from an order of the Family Court, Suffolk County, entered November 24, 2003. By decision and order on motion of this court dated March 5, 2004, as amended March 19, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied, upon reargument. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 45 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 45 days of the date of this scheduling order; and it is further,

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10908

S/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-07013, 2003-07014 In the Matter of Jasmine N. (Anonymous). Administration for Children's Services, respondent; Glenn N. (Anonymous), appellant. (Docket No. N-03601-00)

DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel of Assignment and to Assign New Counsel - Family Court

On the court's own motion, it is

ORDERED that counsel assigned to prosecute appeals from two orders of the Family Court, Queens County, both dated July 23, 2003, is relieved of the assignment and is directed to turn over all papers in action to new counsel herein assigned.

The appellant's motion for assignment of counsel was granted on October 1, 2003, and the following named attorney was assigned to prosecute the appeal:

Joan N. G. James, Esq.

44 Court Street # 905

Brooklyn, New York 11201

and it is further,

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

Matthew M. Lupoli, Esq.,

167-16 Northern Blvd.

P.O. Box 580283

Flushing, New York 11358

(718) 539-0622

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11093

M/nal

2004-03579 In the Matter of Bessa Natiku, appellant, v Skender Natiku, respondent. In the Matter of Skender Natiku, respondent, v Bessa Natiku, appellant. (Docket Nos. V-4341/99, V-4371/99)

SCHEDULING ORDER

Appeal by Bessa Natiku from an order of the Family Court, Queens County, dated March 23, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10968

F/

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-09799 In the Matter of Katherine Powers, respondent, v James Horner, appellant. (Docket No. U-07050-01)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated October 9, 2003, 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:

Seymour Zager, Esq.

300 E. 74th Street - Suite 28C

New York, New York 10021

(212) 772-6006

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11110

M/nal

2004-02104 In the Matter of Marianna Rosato, respondent, v Mark Rosato, appellant. (Docket No. F-722/97)

ORDER TO SHOW CAUSE

Appeal by Mark Rosato from an order of the Family Court, Rockland County, dated February 6, 2004. By scheduling order dated March 22, 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 22, 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 25, 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

M11032

C/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-02839, 2004-02840 In the Matter of Jazmone S. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Docket No. N 04616-04) In the Matter of Ashley J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Docket No. N 04617-04) In the Matter of Zalika J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Docket No. N 04618-04) In the Matter of Ethan J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Docket No. N 04619-04)

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 appeal from two orders of the Family Court, Queens County, both dated March 31, 2004, for leave to prosecute the appeals as a poor person, for the assignment of counsel, and to stay the enforcement of so much of the order dated March 31, 2004, as excluded him from the home.

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 which is for leave to appeal is denied as unnecessary, as the appeals from the two orders may be taken as of right (see Family Ct Act § 1112); and it is further,

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:

Kenneth M. Tuccello, Esq.

251 E. 61st Street

New York, New York 10021

(212) 517-5000

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 the motion is otherwise denied; 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11091

J/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-01417 In the Matter of Shaquana S. (Anonymous), appellant. (Docket No. D-26627/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the time of the respondent presentment agency and the appellant to comply with a decision and order of this court dated February 2, 2004, on an appeal from an order of disposition of the Family Court, Kings County, dated January 13, 2003, is enlarged, and the respondent presentment agency shall serve and file a brief on or before May 14, 2004, and any reply brief shall be served and filed on or before June 1, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11134

M/nal

2004-02775 In the Matter of Elesabif S.-P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Isabel P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. (Proceeding No. 2) In the Matter of Tanya P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. NN-26038-00, NN-26039-00, NN-26040-00)

SCHEDULING ORDER

Appeal by Commissioner of Administration for Children's Services of the City of New York from an order of the Family Court, Kings County, dated April 1, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceedings shall be perfected within 45 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 45days of the date of this scheduling order; and it is further,

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11077

M/nal

2004-03576 In the Matter of Amy Sarmuksnis, appellant, v Kevin Priest, respondent. (Docket No. O-2626-02)

SCHEDULING ORDER

Appeal by Amy Sarmuksnis from an order of the Family Court, Queens County, dated March 31, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10969

F/

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2004-02791 In the Matter of Christian T. (Anonymous). Administration for Children's Services, respondent; Luther T. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Adreen T. (Anonymous). Administration for Children's Services, respondent; Luther T. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-3806-02, N-3807-02)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated December 3, 2003, 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:

Seymour Zager, Esq.

300 E. 74th Street - Suite 28C

New York, New York 10021

(212) 772-6006

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11094

M/nal

2004-03585 In the Matter of Megan T. (Anonymous). Administration for Children's Services, respondent; Connie M. (Anonymous), appellant. In the Matter of Christina B. (Anonymous). Administration for Children's Services, respondent; Connie M. (Anonymous), appellant. In the Matter of Victoria B. (Anonymous). Administration for Children's Services, respondent; Connie M. (Anonymous), appellant. (Docket Nos. B-24131-02,B-24132-02, B-24133-02)

SCHEDULING ORDER

Appeal by Connie M. from an order of the Family Court, Kings County, dated March 25, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11095

M/nal

2004-03588 In the Matter of Ronald T. (Anonymous), appellant. (Docket No. D-32425-03)

SCHEDULING ORDER

Appeal by Ronald T. from an order of the Family Court, Kings County, dated April 12, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11111

M/nal

2003-05780 In the Matter of Marion Wells, appellant, v David Smith, respondent. (Docket No. V-00794-98)

SCHEDULING ORDER

Appeal by Marion Wells from an order of the Family Court, Dutchess County, dated June 9, 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 28, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10941

F/

STEPHEN G. CRANE, J.

2004-02533 The People, etc., plaintiff, v Manolo Abreu, defendant. (Ind. No. 39/99)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Dutchess County, dated February 24, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

STEPHEN G. CRANE

Associate Justice

Appellate Division: Second Judicial Department

M11124

C/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2002-02228 The People, etc., respondent, v Carl Badger, appellant. (Ind. No. 2191/00)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to serve and file a reply brief on an appeal from a judgment of the County Court, Nassau County, rendered March 1, 2002.

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 appellant's time to serve and file a reply brief is enlarged until May 18, 2004.

SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11120

R/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-00766 The People, etc., respondent, v Clarence Benjamin, appellant. (Ind. No. 2606/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered November 25, 2003, as a poor person and for the assignment of counsel. By order to show cause dated April 7, 2004, the appellant was directed to show cause why an order should or should not be entered dismissing the appeal on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), and the appellant has not sought leave to file a late notice of appeal, and the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was held in abeyance in the interim.

Upon the court's own motion and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed; and it is further,

ORDERED that the motion is denied as academic.

SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10974

F/

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2002-10896 The People , etc., respondent, DECISION & ORDER v Edward Brown, appellant. (Ind. No. 3339/00)

ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered November 22, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 6440

Clinton Corr. Fac.

Box 2001

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M11052

F/

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2003-03266 The People, etc., respondent, v Chi Fong Chen, appellant. (Ind. No. 98-00786)

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 January 21, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on September 4, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Patricia M. Sullivan, Esq.

50 Main Street - Suite 1000

White Plains, New York 10606

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:

John R. Mechmann, Esq.

33 Alexander Avenue

Yonkers, New York 10704

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

99 A 5215

Coxsackie Corr. Fac.

Box 999

Coxsackie, New York 12051

Appellate Division: Second Judicial Department

M10967

F/

NANCY E. SMITH, J.P.

HOWARD MILLER

SONDRA MILLER

DANIEL F. LUCIANO, JJ.

2002-04806 The People , etc., respondent, DECISION & ORDER v Jose Corea, appellant. (Ind. No. 1447-01)

ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered May 17, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 3147

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

Appellate Division: Second Judicial Department

M11057

F/

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2002-11008 The People, etc., respondent, v Christopher Daley, a/k/a Carl Henry, appellant. (Ind. No. 01-01036)

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 21, 2002. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on March 31, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Kevin D. McLoone, Esq.

111 Brook Street - 2nd Floor

Scarsdale, New York 10583

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:

Barry E. Warhit, Esq.

399 Knollwood Road - Suite 206

White Plains, New York 10603

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

02 A 6390

Upstate Corr. Fac.

Box 2001

Malone, New York 12953

Appellate Division: Second Judicial Department

M10973

F/

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2002-09672 The People , etc., respondent, DECISION & ORDER v Arturo Flores, appellant. (Ind. No. 309/02)

ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 16, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 5779

Attica Corr. Fac.

Box 149

Attica, New York 14011

Appellate Division: Second Judicial Department

M11059

F/

DAVID S. RITTER, J.P.

SANDRA L. TOWNES

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2003-00119 The People, etc., respondent, v LePerry Fore, appellant. (Ind. No. 176/02)

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, Nassau County, rendered December 11, 2002. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on July 23, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Eugene Cordaro, Esq.

170 Old Country Road

Mineola, New York 11501

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:

Steven Feldman, Esq.

300 Rabro Drive

Hauppauge, New York 11788

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.

RITTER, J.P., TOWNES, MASTRO, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 2070

Upstate Corr. Fac.

Box 2001

Malone, New York 12953

Appellate Division: Second Judicial Department

M11063

F/

DAVID S. RITTER

SANDRA L. TOWNES

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2002-05397 The People , etc., respondent, DECISION & ORDER v Jeffrey Keys, appellant. (Ind. No. 7320/00)

ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 5, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

RITTER, J.P., TOWNES, MASTRO, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 3374

Shawangunk Corr. Fac

Box 700

Wallkill, New York 12589

Appellate Division: Second Judicial Department

M11130

C/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA

2000-09572 The People, etc., respondent, v Peter MacDonald, appellant. (Ind. No. 00-09572)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered October 6, 2000.

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

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

SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11122

A/sl

ANITA R. FLORIO, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2002-01119 The People, etc., respondent, v Wayde H. Martin, appellant. (Ind. No. 5302/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 10, 2001, or, in the alternative, to relieve counsel assigned to prosecute the appeal and for the assignment of new counsel.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11048

F/

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2001-10506 The People, etc., respondent, v David Maxwell, appellant. (Ind. No. 00-01481)

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 October 24, 2001. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on March 5, 2002, and January 16, 2004, respectively, and the following named attorney was assigned as counsel to prosecute the appeal:

Patricia M. Sullivan, Esq.

50 Main Street - Suite 1000

White Plains, New York 10606

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:

Barry E. Warhit, Esq.

399 Knollwood Road - Suite 206

White Plains, New York 10603

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

01 A 5912

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M11145

E/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2002-11317 The People , etc., respondent, DECISION & ORDER v Johnny Pertillar, appellant. (Ind. No. 02-00751)

ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered November 25, 2002, to be furnished with a copy of the transcript of the minutes of certain proceedings.

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

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

ORDERED that on the court's own motion, the appellant's time to serve and file a supplemental brief is enlarged and the appellant's supplemental brief shall be served and filed on or before August 2, 2004; and it is further,

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

SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 6583

Bare Hill Corr. Fac.

Caller Box 20 - 181 Brand Rd.

Malone, New York 12953

Appellate Division: Second Judicial Department

M10975

F/

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2002-04423 The People , etc., respondent, DECISION & ORDER v Charles Smith, appellant. (Ind. No. 4422/01)

ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 13, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 2978

Mohawk Corr. Fac.

6100 School Rd. - Box 8451

Rome, New York 12442