Appellate Division: Second Judicial Department

M11193

O/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2003-07372 Ignacy Bolanowski, respondent, v Trustees of Columbia University in the City of New York, appellant. (Index No. 27035/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 26, 2002.

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 appellant's time to perfect the appeal is enlarged until June 11, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11184

A/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-05856 Akin Brown, etc., plaintiff, v Wyckoff Heights Medical Center, defendant third-party plaintiff- respondent, et al., defendants; Chang S. Lee, etc., third-party-plaintiff-appellant. (Index Nos. 12165/97, 75082/03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 21, 2003.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until June 9, 2004, and the record or appendix on the appeal and the appellant's brief must 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

M11116

R/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-10599 Robert B. Conway, respondent, v S. Catherine Conway, appellant. (Index No. 8252/96)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered July 7, 2003, on the ground that the appellant failed to comply with a scheduling order of this court dated January 6, 2004.

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

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

ORDERED that pursuant to 22 NYCRR 670.4(a)(3), the scheduling order dated January 6, 2004, is amended to provide that the appellant's time to perfect the appeal is enlarged until June 21, 2004, and the record or appendix on the appeal and the appellant's brief must 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

M11170

E/sl

HOWARD MILLER, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2002-01989 Gearlene Hemingway, appellant, v U.S. Bank National, respondent. (Index No. 01004/02)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for leave to reargue an appeal from an order of the Supreme Court, Westchester County, dated February 21, 2002, which was determined by decision and order of this court dated March 1, 2004, or in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied..

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11162

E/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2002-07270 National Granite Title Insurance Agency, Inc., etc., appellant, v Cadlerock Properties Joint Venture, L.P., et al., respondents. (Index No. 7587/01)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Rockland County, dated June 11, 2002, which was determined by decision and order of this court dated March 1, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

PRUDENTI, P.J., RITTER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11196

O/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

ANITA R. FLORIO

SANDRA L. TOWNES, JJ.

2003-07884 Ocwen Federal Bank, FSB, respondent, v Deluxe Building Systems, etc., appellant, et al., defendants. (Index No. 13997/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue the respondent's motion to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered July 23, 2003, which was determined by decision and order on motion of this court dated February 11, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this court.

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

ORDERED that the motion is denied, with $100 costs.

PRUDENTI, P.J., RITTER, FLORIO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M11177

E/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2003-03444, 2004-01068 PNE Media, LLC, respondent, v Nash Estafanous, appellant. (Action No. 1) (Index No. 13338/02) Titan Outdoor, LLC, etc., respondent, v Nash Estafanous, appellant. (Action No. 2) (Index No. 10591/03)

DECISION & ORDER ON MOTION

Motion by Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, attorneys for the appellant, for leave to withdraw as counsel on appeals from orders of the Supreme Court, Richmond County, dated April 1, 2003, and December 12, 2003, respectively.

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

ORDERED that the motion is granted, and Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria is relieved from representing the appellant with respect to the instant appeals; and it is further,

ORDERED that on or before May 25, 2004, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria is directed to serve its client at his last known address 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 appellant, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until June 25, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11194

O/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2003-08045 Gemma Rennie-Otote, respondent, v Moses Otote, appellant. (Index No. 50387/00)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated July 29, 2003, to strike the respondent's brief for failure to comply with the service requirements of 22 NYCRR 670.8.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11168

E/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2002-07874 Leda Roman, appellant, v Ved Parkash, respondent. (Index No. 1748/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, entered May 31, 2002, which was determined by decision and order of this court dated February 9, 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, with $100 costs.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11185

J/sl

2003-10434 Alter Yitzchok Elimelich Safrin, et al., appellants, v DST Russian & Turkish Bath, Inc., et al., respondents. (Index No. 24388/00)

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 of the Supreme Court, Kings County, dated September 22, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 12, 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

M11186

J/sl

2003-09741 Charanjit Singh Samra, et al., respondents, v Sikh Center of New York, Inc., appellants. (Index No. 2857/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated August 11, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 29, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11195

O/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-02779, 2003-06260 Antonio Vittorini, et al., appellants, v Peter S. Liebert, et al., respondents. (Index No. 13244/95)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss appeals from two judgments of the Supreme Court, Westchester County, dated February 18

, 2003, and April 7, 2003, respectively, for failure to timely perfect the same.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11182

A/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-02617 Michael Wolfe, et al., plaintiffs-respondents, v City of New York, et al., defendants- respondents, Brooklyn Union Gas Company, appellant. (Index No. 13493/99)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated February 27, 2004.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11197

O/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2002-10791 In the Matter of Edgewater Point Property Owners' Association, Inc., respondent-respondent; 9394, LLC, et al., appellants; et al., respondent. (Index No. 10198/02)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Westchester County, dated November 7, 2002, which was determined by decision and order of this court dated February 23, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

ALTMAN, J.P., KRAUSMAN, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11187

J/sl

2004-00961 In the Matter of Le Havre Tenants Association, Inc., respondent, v New York State Division of Housing and Community Renewal, appellant. (Index No. 951/03)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the respondent's time to file a brief is enlarged until May 18, 2004, and the respondent's brief must be filed on or before that date; and it is further,

ORDERED that the reply brief must be served and filed on or before May 28, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11180

M/nal

2001-00651 In the Matter of Besthani M. (Anonymous). Child Welfare Administration, Kings County, petitioner-respondent; Pedro M. (Anonymous), appellant; Ana S. (Anonymous), nonparty- respondent. (Docket No. N-08105/98)

SCHEDULING ORDER

Appeal by Pedro M. from an order of the Family Court, Kings County, dated December 14, 2000. The transcripts in the above-entitled appeal were received by counsel for the appellant on May 4, 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, counsel for the appellant shall perfect the appeal or submit an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that assigned counsel is directed to provide copies of the 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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M11181

A/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-09728 In the Matter of Tyrone Matos, appellant, v Katherine Fish, etc., respondent. (Index No. 9555/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Westchester County, dated December 18, 2003, for leave to reargue a motion for leave to prosecute the appeal as a poor person, to dispense with printing, and for the assignment of counsel, which was determined by decision and order on motion of this court dated February 19, 2004.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11190

M/nal

2003-11093 In the Matter of Tiffany R. (Anonymous). Administration for Children's Services, appellant; Fatima R. (Anonymous), respondent. (Docket No. N-36168/03)

SCHEDULING ORDER

Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated December 17, 2003. 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 45days 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 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M11192

O/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-11442 In the Matter of Ulysseus R. (Anonymous). Commissioner of Social Services, respondent; Esther R. (Anonymous), appellant. (Docket No. N-13613/01)

DECISION & ORDER ON MOTION

Appeal by Esther R. from an order of the Family Court, Queens County, dated December 3, 2003. By order to show cause dated April 13, 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 the scheduling order dated March 1, 2004, issued pursuant to 22 NYCRR 670.4(a).

Now, on 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, without costs or disbursements, for failure to comply with the scheduling order dated March 1, 2004 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11172

E/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2004-01441 In the Matter of Santiago Ramirez, petitioner, v Susan I. Schultz, etc., respondent. (Index No. 8063/03)

DECISION & ORDER ON MOTION

Motion by the petitioner to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Orange County, dated February 13, 2004, as a poor person and for the assignment of counsel.

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

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branch of the motion which is for the waiver of the filing fee is denied as unnecessary (see 22 NYCRR 670.22); and it is further,

ORDERED that those branches of the motion which are for a copy of the transcript without charge and the assignment of counsel are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11191

M/nal

2003-10401, 2003-11311 In the Matter of Sabrina S. (Anonymous). Administration for Children's Services, appellant; Elena N. (Anonymous) et al., respondents. (Proceeding No. 1) (Docket No. N-20221/03) In the Matter of Adam S. (Anonymous). Administration for Children's Services, appellant; Elena N. (Anonymous) et al., respondents. (Proceeding No. 2) (Docket No. N-20222/03)

SCHEDULING ORDER

Appeals by Administration for Children's Services from two orders of the Family Court, Queens County, dated November 25, 2003, and December 23, 2003, respectively. 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 appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until June 4, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11169

O/sl

DAVID S. RITTER, J.P.

SANDRA L. TOWNES

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-02046 In the Matter of Bernard Thomas, appellant, v Lorraine Thomas, respondent. (Docket No. V-04564-02)

DECISION & ORDER ON MOTION

Motion by Bernard Thomas for leave to appeal to this court from an order of the Family Court, Kings County, dated January 16, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary (see Family Court Act § 1112[a]); and it is further,

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the appellant is not aggrieved by the order appealed from (see CPLR 5511); and it is further,

ORDERED that the motion is otherwise 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

M11179

M/nal

2004-01892, 2004-01893 In the Matter of Jonathan W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. In the Matter of Joshua W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. In the Matter of Leneya W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. (Docket Nos. N-15358-00, N-15359-00, N-15360-00)

SCHEDULING ORDER

Appeals by Thomas W. from two orders of the Family Court, Queens County, dated October 10, 2003, and February 24, 2004. By decision and order on motion of this court dated April 30, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:

Albino Testani, Esq.

90-50 Parsons Boulevard- Suite 401

Jamaica, NewYork 11432

(718) 725-1400

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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel 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 any 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 the order of this court dated April 30, 2004, has been served upon the clerk of the court from which the appeals are taken, 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 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

M11174

A/sl

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2002-00850 The People, etc., respondent, v Dontrell Clarke, appellant. (Ind. No. 1188/01)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered January 14, 2002.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

02-A-1273

Attica Correctional Facility

Box 149

Attica, New York 14011

Appellate Division: Second Judicial Department

M10945

F/

NANCY E. SMITH, J.

2004-01626 The People, etc., plaintiff, v Robert Jones, defendant. (Ind. No. 416/99)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated January 2, 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.

NANCY E. SMITH

Associate Justice

Appellate Division: Second Judicial Department

M11175

E/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2003-08188 The People, etc., respondent, v Eliseo Lugo, Jr., appellant. (Ind. No. 120/03)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered May 29, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that on the court's own motion, the appellant's notice of appeal is deemed to be an application pursuant to CPL 460.30 for an extension of time to take the appeal, the application is granted, and the time to take the appeal is extended and the notice of appeal dated September 12, 2003, is deemed timely filed; and it is further,

ORDERED that that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11165

E/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2003-02101 The People, etc., respondent, DECISION & ORDER v Marcellus Morris, appellant. (Ind. No. 1223/02)

ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered February 21, 2003, to be furnished with copies of the transcripts of the minutes of certain proceedings, which occurred in the above-entitled action.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 1224

Clinton Corr. Fac.

Box 2001

Dannemora, New York 12929