Appellate Division: Second Judicial Department

M11202

PL/sl

2003-05611 Elayne Abrams, et al., appellants, v City of New York, et al., respondents. (Index No. 10569/00)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated May 9, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before May 20, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11205

Y/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-08896, 2003-08897, 2003-08898 Frederick Assini, respondent, v Linda Assini, appellant. (Index No. 635/03)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the record on appeals from three orders of the Supreme Court, Kings County, dated August 5, 2003, September 5, 2003, and September 12, 2003, respectively, to include the forensic report of Dr. Sherill A. Sigalow, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to enlarge the record is denied; and it is further,

ORDERED that the motion is otherwise denied as academic, as the respondent's brief was timely filed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11112

R/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-04255 Mary Ann Benton, appellant, v David M. Kreitzer, etc., et al., respondents. (Index No. 4650/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated January 6, 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 denied as academic, as the appeal was determined by decision and order of this court dated May 10, 2004 (see Benton v Krectzer, AD3d [May 10, 2004]).

H. MILLER, J.P., LUCIANO, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11178

O/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-03294 Fidelity Holdings, Inc., et al., plaintiffs, 786710 Ontario, Ltd., respondent, v Michael Marom, et al., defendants; Roth Law Firm, PLLC, nonparty-appellant. (Index No. 25678/96)

DECISION & ORDER ON MOTION

Motion by Roth Law Firm, PLLC, on an appeal from an order of the Supreme Court, Queens County, dated March 12, 2004, for leave to withdraw as counsel for the plaintiff 786710 Ontario, Ltd., and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11212

R/sl

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-03552 Frank Hirsch, respondent, v Debra Hirsch, appellant. (Index No. 7090/01) Frank Hirsch, respondent, v Devorah Hirsch, et al., appellants. (Index No. 7130/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Rockland County, dated April 23, 2004, pending hearing and determination of an appeal therefrom.

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., H. MILLER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11216

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-07992 Kourosh Javaheri, appellant-respondent, v Old Cedar Development Corporation, et al., respondents-appellants, Nourollah Sassouni, respondent. (Index No. 15103/02)

DECISION & ORDER ON APPLICATION Application to Withdraw Cross Appeal

Application by the respondents-appellants, M. Pierre Rafiy, Nejatolah Sassouni, David Rafiy and Sandra Rafiy-Layne, for leave to withdraw their cross appeal from an order of the Supreme Court, Nassau County, dated July 28, 2003.

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

ORDERED that the application is granted and the cross appeal by respondents- appellants, M. Pierre Rafiy, Nejatolah Sassouni, David Rafiy and Sandra Rafiy-Layne, is deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11164

A/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-03507, 2004-03508 Mikel Jeremias, appellant, v Salvatore Falzone, et al., respondents. (Index No. 8675/03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enjoin the conveyance of certain real property, pending hearing and determination of appeals from two orders of the Supreme Court, Orange County, dated February 26, 2004 and April 14, 2004, respectively.

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

M11166

A/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-00735 Patrick Morgan, respondent, v Steven Rosselli, appellant. (Index No. 7271/02)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Orange County, dated December 12, 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 denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11204

PL/sl

2003-10772 Ralph Roseff, appellant, v Northern Westchester Hospital Center, et al., respondents. (Index No. 16855/00)

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, Westchester County, dated October 28, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 19, 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

M11203

E/sl

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2003-07302 James M. Turnbull, et al., appellants, et al., plaintiffs, v MTA New York City Transit, respondent. (Index No. 26485/99)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 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 it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until June 14, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

ALTMAN, J.P., H. MILLER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11206

PL/sl

2003-09810 Lily Wang, appellant, v Brookhaven Locksmiths, Inc., et al., respondents. (Index No. 19540/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated September 23, 2003.

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

M11083

M/nal

2004-03708 In the Matter of Sabina Fishburne, petitioner, Sydney Jennings, appellant, v Franklyn Teelucksingh, respondent. In the Matter of Franklyn Teelucksingh, petitioner, v Sabina Fishburne, et al., respondents. (Docket Nos. V-05237-01, V-04145-01, V-04146-01)

SCHEDULING ORDER

Appeal by Sydney Jennings from an order of the Family Court, Westchester County, dated March 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 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M11158

A/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-01437 In the Matter of James Andrew Francischelli, appellant, v Delores A. Andino, respondent. (Docket No. V-15106/00)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated December 12, 2003, for leave to reargue his prior motion for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to enlarge the time to perfect that appeal, which was determined by decision and order on motion of this court 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11208

A/sl

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2003-03367, 2003-05612 In the Matter of Love Russell J. (Anonymous), a/k/a Love J. (Anonymous). Angel Guardian Children and Family Services, Inc., et al., respondents; Russell Stacey J. (Anonymous), a/k/a Russell J. (Anonymous), a/k/a Russel J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of January Stacey J. (Anonymous), a/k/a Januarie J. (Anonymous), a/k/a January J. (Anonymous). Angel Guardian Children and Family Services, Inc., et al., respondents; Russell Stacey J. (Anonymous), a/k/a Russell J. (Anonymous), a/k/a Russel J. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-5736/01, B-5737/01)

DECISION & ORDER ON MOTION

Motion by the respondent Angel Guardian Children and Family Services, Inc., on appeals from two orders of the Family Court, Kings County, both dated March 6, 2003, to strike portions of the Law Guardian's brief, on the ground that it refers to matter dehors the record.

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

 ORDERED that the motion is denied.

ALTMAN, J.P., H. MILLER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11198

M/nal

2003-08101 In the Matter of Sean S. O'Brien, appellant, v Norma Mera Camera, respondent. (Docket No. V-01006/03)

ORDER TO SHOW CAUSE

Appeal by Sean S. O'Brien from an order of the Family Court, Orange County, dated August 6, 2003. By scheduling order dated March 4, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated March 4, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 28, 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

M11076

M/nal

2004-03529 In the Matter of Mary R. (Anonymous), respondent, v Sidi Mohammed T. (Anonymous), appellant. (Docket No. P-1841-02)

SCHEDULING ORDER

Appeal by Sidi Mohammed T. from an order of the Family Court, Kings County, dated March 29, 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

M11200

M/nal

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

SCHEDULING ORDER

Appeal by Arthur S. from an order of the Family Court, Richmond County, dated December 16, 2003. 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 appeal:

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 227-0206

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 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 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 the order of this court dated April 30, 2004, has been served upon the clerk of the court from which the appeal is taken, 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

M11213

S/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-08126 In the Matter of Kevin Smith, petitioner, v Supreme Court, Kings County, etc., et al., respondents.

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated May 3, 2004, in the above-entitled matter which dismissed the proceeding on the ground that the petitioner had failed to pay the filing fee is recalled and vacated, and the proceeding is reinstated, as the filing fee has been paid.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11081

M/nal

2004-03587 In the Matter of Lioida W. (Anonymous). Administration for Children's Services, respondent; Bernice W. (Anonymous), appellant. (Docket No. B-12378-99)

SCHEDULING ORDER

Appeal by Bernice W. from an order of the Family Court, Kings County, dated March 29, 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

M11176

A/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-00666 The People, etc., respondent, v Robert Logan, appellant. (Ind. No. 8403/01)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental appendix on an appeal from a judgment of the Supreme Court, Kings County, rendered January 7, 2003.

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

ORDERED that the motion is denied, with leave to renew upon submission of a copy of the proposed appendix.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03-A-0391

Attica Correctional Facility

Box 149

Attica, New York 14011

Appellate Division: Second Judicial Department

M11147

A/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2001-02768 The People, etc., respondent, v William Noel, a/k/a Edward Noel, appellant. (Ind. No. 00-00025)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered February 2, 2001, for leave to reargue a motion for leave to serve and file an amended supplemental brief on the appeal, which was determined by decision and order on motion of this court dated February 17, 2004, and cross motion by the respondent, inter alia, to enlarge the time to serve and file a brief in response to any amended supplemental brief.

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

ORDERED that the motion is granted and the appellant's amended supplemental brief shall be served and filed on or before June 17, 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; and it is further,

ORDERED that the cross motion is granted, and the respondent shall serve and file its brief in response to the amended supplemental brief on or before August 23, 2004.

SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court