Appellate Division: Second Judicial Department

M11299

S/sl

2003-10360 Jack Adler, etc., et al., respondents-appellants, v Columbia Savings & Loan Association, respondent, Baker Protective Services, Inc., et al., appellants-respondents. (Index No. 223/87)

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, Queens County, dated September 26, 2003, and to enlarge the time of the respondents-appellants to serve and file their brief.

ORDERED that the application is granted and the time of the respondent and the respondents-appellants to serve and file their respective briefs is enlarged until May 21, 2004, and briefs of the respondent and the respondents-appellants must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11388

Y/sl

FRED T. SANTUCCI, J.P.

NANCY E. SMITH

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2004-03993, 2004-04130 Mariann Berliner, respondent-appellant, v Ira Berliner, appellant-respondent. (Action No. 1) (Index No. 2357/02) Ira Berliner, appellant-respondent, v Mariann Berliner, respondent-appellant. (Action No. 2) (Index No. 6107/02)

DECISION & ORDER ON MOTION

Motion by Mariann Berliner, inter alia, to stay enforcement of an order of the Supreme Court, Westchester County, entered April 19, 2004, except the provision directing the incarceration of Ira Berliner, pending the hearing and determination of an appeal and cross appeal from that order and an appeal from an order of the same court entered February 10, 2004. Cross motion by Ira Berliner to stay enforcement of so much of the order entered April 19, 2004, as directed that he be incarcerated.

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

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

 ORDERED that the cross motion is granted, and so much of the order entered April 19, 2004, as directed the incarceration of Ira Berliner is stayed pending the hearing and determination of the appeals and cross appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11367

L/

2003-10607 Carl J. Brown, et al., respondents, v SC/B&C Hemp, LLC, appellant. (Index No. 23137/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 3, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11358

Y/sl

DAVID S. RITTER, J.P.

SANDRA L. TOWNES

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2003-08921 Georgina "Gina" Burton, respondent, v Jack D. Burton, appellant. (Index No. 8643/00)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated September 12, 2003.

Upon the papers filed in support of the motion and no papers having been 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 August 13, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11322

R/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-03198 Dyck O' Neal, Inc., etc., respondent, v Anthony J. Auditore, appellant. (Index No. 29925/96)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated January 28, 2003 on the ground that the appellant failed to comply with a decision and order of this court dated February 2, 2004, which, inter alia, directed him to obtain and settle the full trial transcript on or before April 7, 2004.

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 branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11217

A/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-08079 Issam Elder, etc., appellant, v David Elder, et al., respondents. (Index No. 29065/99)

DECISION & ORDER ON MOTION

Motion by counsel for the appellant on an appeal from an order of the Supreme Court, Kings County, dated July 3, 2003, to substitute Issam Elder, as the executor of the estate of Shaffka Elder, for the deceased appellant, Shaffka Elder, to amend the caption accordingly, and to enlarge the time to perfect the appeal.

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

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

ORDERED that Issam Elder, as the executor of the estate of Shaffka Elder, is substituted for the deceased appellant, Shaffka Elder, and the caption is amended accordingly; and it is further,

ORDERED that 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11227

E/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-03133 Juanita Evans, etc., plaintiff-respondent, v Franklin Hospital Medical Center, et al., defendants-respondents, Winston Cobb, appellant. (Index No. 15602/00)

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 of an order of the Supreme Court, Queens County, dated February 4, 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., TOWNES, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11342

S/sl

2003-08237 Louann Fernald, appellant, v Robert K. Vinci, respondent. (Index No. 5930/99)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated August 11, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 14, 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

M11335

S/sl

2003-02592, 2003-04717 First Franklin Square Associates, LLC, plaintiff- respondent, v Franklin Square Property Account, et al., defendants-respondents, Franklin Square 2001, LLC, appellant-respondent, Duane Reade, etc., respondent-appellant. (Index No. 2611/02) 2003-05662 Town of Hempstead, respondent-appellant, et al., plaintiff, v Franklin Realty 710, LLC, et al., appellants-respondents. (Index No. 4475/03) 2003-06709 Payless Shoesource, Inc., appellant, v Franklin Realty 710, LLC, et al., respondents. (Index No. 5036/03)

ORDER ON APPLICATION

Application by Duane Reade on an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated February 6, 2003 (Appellate Division Docket No. 2003-02592), an appeal and cross appeal from an amended order and judgment of the same court dated April 4, 2003 (Appellate Division Docket No. 2003-04717), appeals and a cross appeal from an order of the same court entered May 20, 2003 (Appellate Division Docket No. 2003-05662) and an appeal from an order of the same court entered June 4, 2003 (Appellate Division Docket No. 2003-06709), pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file its brief as a respondent-appellant on the appeal and cross appeal from the order and judgment (one paper) dated April 4, 2003, and to enlarge the time of all respondents to serve and file their respective briefs.

ORDERED that the application is granted and the time of Duane Reade to serve and file its brief as a respondent-appellant on the appeal and cross appeal from the order and judgment (one paper) dated April 4, 2003, is enlarged until May 26, 2004, and Duane Reade shall serve and file its brief, including its points of argument on its cross appeal (see 22 NYCRR 670.8[c][3]), on or before that date; and it is further,

ORDERED that the time of all respondents to serve and file their respective briefs is enlarged until May 26, 2004; and it is further,

ORDERED that Payless Shoe Source, Inc., the appellant on the appeal from the order entered June 4, 2003, and all appellants-respondents, except Duane Reade as an appellant-respondent on the appeal from the order dated May 20, 2003, shall serve and file their reply briefs on or before July 1, 2004; and it is further,

ORDERED that all respondents-appellants and Duane Reade as an appellant-respondent on the appeal from the order dated May 20, 2003, and a respondent-appellant on the appeal from the order and judgment (one paper) dated April 4, 2003, shall serve and file their reply briefs on or before August 5, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11332

E/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-06684 Joseph Geneva, et al., respondents, v Jeffrey Lash, appellant. (Index No. 9220/01)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated July 3, 2003, which was determined by decision and order of this court dated March 15, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10641

M/nal

2004-03552 Frank Hirsch, respondent, v Debra Hirsch, appellant. (Action No. 1) (Index No. 7090/01) Frank Hirsch, respondent, v Debra Hirsch, et al., appellants. (Action No. 2) (Index No. 7130/01)

SCHEDULING ORDER

Appeal by Debra Hirsch and Henry Osterman from an order of the Supreme Court, Rockland County, dated April 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 actions shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 Supreme Court action 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

M11238

A/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-03148 Chaehee Jung, et al., respondents, v Kum Gang, Inc., d/b/a Kum Gang San Restaurant, appellant-respondent, Kit Realty, Inc., respondent-appellant. (Index No. 30277/00)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay the trial in the above-entitled action, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, dated February 18, 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 granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal.

KRAUSMAN, J.P., TOWNES, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11304

CF/

2003-09024 Michael Kelly, et al., plaintiffs-respondents, v AT & T Local Services, et al., defendants- respondents, Lourdes Industries, Inc., appellant. (Index No. 10443/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 21, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10782

S/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2003-04461 Bruce S. Klutchko, appellant, v Marcy R. Baron, respondent. (Index No. 3586/93)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, dated May 15, 2003, inter alia, to dismiss the appeal on the ground that the record is incomplete, or to enlarge the time to serve and file a brief. By decision and order on motion dated January 22, 2004, the matter was remitted to the Supreme Court, Westchester County, to settle the record on appeal and to file a report with this court setting forth the material it considered in determining the motion which resulted in the order dated May 15, 2003. The Supreme Court, Westchester County, has filed its report.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Westchester County, it is

ORDERED that the branch of the motion which is to strike matter from the appellant's appendix and brief is granted to the extent that pages 155-165, and 240-256 are stricken from the appendix, and the following material is stricken from the appellant's brief: beginning on page 11, the final paragraph beginning with the words "On April 23, 2003," through page 12 ending with the words "May 15, 2003; (A. 4)", and on or before June 3, 2004, the appellant shall delete or remove the above referenced material from his appendix and brief; and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to file a complete appendix is granted to the extent that on or before June 3, 2004, the appellant shall serve and file a supplemental appendix containing the affidavit of Marcy Baron dated June 30, 1995, filed in support of her order to show cause, and Exhibits 7-11, 12-13, and 14-16, insofar as those exhibits are not already contained in the appendix, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is enlarged until July 6, 2004, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SANTUCCI, J.P., KRAUSMAN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11306

CF/

2004-02329 Norma Kreisel, respondent, v John S. Camera, appellant, (Index No. 12283/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated February 5, 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

M11328

R/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

WILLIAM F. MASTRO, JJ.

2003-02745, 2003-02747 Kunjunjamma Kuriakose, respondent, v Simpson Gray, appellant. (Index Nos. 6168/01, 6446/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to reargue an appeal from two orders of the Supreme Court, Westchester County, dated August 8, 2002, and March 11, 2003, respectively, which was determined by decision and order of this court dated February 17, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11364

L/

2004-00875 Anthony Magadino, et al., plaintiffs-respondents, v Dennis Quaranta, defendant-respondent, Gemelli's East, Inc., etc., defendant third-party plaintiff-respondent; A.M. Construction Services, Inc., third-party defendant-appellant. (Index No. 25803/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 22, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11376

L/

2004-01389 Mary Immaculate Hospital a/a/o Willie Moten, et al., appellants, v Country Wide Insurance Company, respondent. (Index No. 4309/03 )

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 5, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11301

S/sl

2003-09102 Norma B. Naddeo, respondent, v City of New York, defendant, Alex Fifliolia Contracting, Inc., appellant. (Index No. 757/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated September 17, 2003, and to enlarge the appellant's time to serve and file a reply brief.

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until June 30, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the reply brief must be served and filed on or before July 15, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11363

L/

2003-10393 Carlos Paniagua, appellant, v Keith F. Harrison, et al., respondents. (Index No. 17871/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 10, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11314

E/sl

NANCY E. SMITH, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2002-06118 Carla Patterson, plaintiff-respondent, v New York City Transit Authority, defendant-respondent, Shelter Express, Inc., defendant third-party defendant- respondent-appellant, et al., defendants, New York Shelter Media Co., Inc., etc., defendant third-party plaintiff-appellant-respondent; Sica Electrical and Maintenance Corp., et al., third-party defendants. (Index No. 30007/95)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant-respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated May 8, 2002, which was determined by decision and order of this court dated March 8, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M011309

CF/

2003-11323 Luis Pichardo, respondent, v Globe International Equipment, Inc., appellant. (Index No. 23114/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 17, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11338

Y/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ROBERT W. SCHMIDT, JJ.

2002-05784 Eversley Prescott, et al., respondents, v Kramer Chemicals, Inc., defendant third-party plaintiff-appellant; United Resin Corporation, third-party defendant-appellant. (Index No. 29647/85)

DECISION & ORDER ON MOTION

Separate motions by the defendant third-party plaintiff-appellant, Kramer Chemicals, Inc., and the third-party defendant-appellant, United Resin Corporation, on appeals from an order of the Supreme Court, Kings County, dated April 12, 2002, inter alia, to strike the respondents' second replacement brief on the ground that it contains or refers to matter dehors the record, to preclude the respondents from serving and filing a third replacement brief, for an award of costs, and to enlarge the time to serve and file their respective reply briefs.

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

ORDERED that the branches of the motions which are to strike the respondents' second replacement brief on the ground that it contains or refers to matter dehors the record and to preclude the respondents from serving and filing a third replacement brief are granted and the respondents' brief is stricken; and it is further,

ORDERED that the branches of the motions which are to enlarge the time to serve and file reply briefs are denied as academic; and it is further,

ORDERED that the motions are otherwise denied.

PRUDENTI, P.J., RITTER, SANTUCCI and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11375

L/

2004-00504 Louis Rahman, et al., appellants, v 100 Clinton, LLC, defendant, Long Island College Hospital, respondent. (and a third party action) (Index No.16051/99 )

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 11, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11297

C/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

ROBERT W. SCHMIDT, JJ.

2000-08725 Jack Sandler, et al., appellants, v Jayanti V. Patel, respondent (and a third-party action). (Index No. 19289/95)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated August 3, 2000, which was determined by decision and order of this court dated November 26, 2001.

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, LUCIANO and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11207

Y/sl

DAVID S. RITTER, J.P.

SANDRA L. TOWNES

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-03458 Melanie Sue Schneider, appellant, v Alan F. Schneider, respondent. (Index No. 918/02)

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, Putnam County, dated April 12, 2004.

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 all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 14, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 14, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11305

C/sl

NANCY E. SMITH, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

SANDRA L. TOWNES, JJ.

2003-04769 Elena Sokol, respondent, v American Medical Response of New York, et al., appellants. (Index No. 51145/02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated April 22, 2003, to strike the appellants' appendix and brief on the ground that they contain or refer to matter dehors the record, and to dismiss the appeal, or, to enlarge the time to serve and file a brief. By decision and order on motion dated February 9, 2004, the matter was remitted to the Supreme Court, Kings County, to report on whether it considered the appellants' supplement to their opposition to the motion for summary judgment in determining that motion, and the motion to strike the appendix and brief was held in abeyance in the interim. The Supreme Court, Kings County, has filed its report.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Kings County, it is

ORDERED that the branch of the motion which is to strike the appellants' appendix and brief is granted to the extent that pages 66 through 70 of the appendix, and the words "Affidavit of Felix Rodriguez, A 68" on page 2 of the brief and "and Supplement to their Answer, A 66" on page 3 of the brief are stricken, and that branch of the motion is otherwise denied; and it is further,

ORDERED that on or before May 27, 2004, the appellants' shall delete or remove from the copies of the appendix and their brief filed with the Clerk of this court the above-referenced material; and it is further,

 ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted; the respondent's time to serve and file a brief is enlarged until June 28, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11307

S/sl

2004-01054 Franziska Susskind, respondent, v Horst Susskind, appellant. (Index No. 7300/02)

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 December 16, 2003.

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 14, 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

M11300

S/sl

2003-06485 Timothy V. Trimble, appellant, v SAS Taxi Co., Inc., et al., respondents. (Index No. 8976/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated November 12, 2002.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11311

CF/

2003-10937 Tatum Turner, appellant, v Home Depot, respondent. (Index No. 37508/01)

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 October 29, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11302

S/sl

2003-10557 Christine Valente, appellant, v Anthony Valente, respondent. (Index No. 2490/98)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated October 23, 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

M11353

Y/sl

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-03250 Adria Valerio, et al., plaintiffs, v Roberto Cardena, et al., defendants. (Index No. 1515/02)

DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division

Motion by Carlton Sterling for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated December 22, 2003, which reversed an order of the Civil Court, City of New York, Queens County, entered August 22, 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 denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11365

L/

2004-01107 Virga Commercial Contractors, Inc., respondent, v Digital Creative Development Corp., defendant, Bruce Galloway, appellant. (Index No. 13603/00)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Richmond County, dated October 31, 2003.

Upon the stipulation of the parties, dated May 5, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11303

CF/

2002-11272 Windham Construction Corp., respondent, v Persico Contracting & Trucking, Inc., appellant. (Index No. 272/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 30, 2002.

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

M11268

R/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-09820, 2003-10803, 2003-10806 In the Matter of Tatyana Kondratyeva, respondent, v Joseph L. Yapi, appellant. (Proceeding No. 1) (Docket No. F-04378/02) In the Matter of Tatyana Kondratyeva, respondent, v Joseph L. Yapi, appellant. (Proceeding No. 2) (Docket No. V-11281-02) In the Matter of Tatyana Kondratyeva, respondent, v Joseph L. Yapi, appellant. (Proceeding No. 3) (Docket No. O-12781-02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from three orders of the Family Court, Kings County, one dated September 25, 2003, and two dated October 22, 2003, respectively, for leave to prosecute the appeals as a poor person and for the assignment of counsel, and to stay enforcement of the order dated September 25, 2003, pending hearing and determination of the appeals.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeals as a poor person and for the assignment of counsel is denied with leave to renew upon proper papers setting forth the appellant's full financial situation (see CPLR 1101); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated September 25, 2003, is denied.

KRAUSMAN, J.P., TOWNES, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11298

E/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2002-05347 In the Matter of Deborah Mahoney, appellant, v Peter Hefter, respondent. (Docket No. V-1176-01)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Family Court, Nassau County, dated April 9, 2002, on the ground that the appeal has been rendered academic.

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., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11210

A/sl

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2003-10392 In the Matter of Robert Sherman, etc., petitioner, v John A. Johnson, etc., et al., respondents. (Index No. 1250/03)

DECISION & ORDER ON MOTION Enlarge Time - Proceeding

Motion by the petitioner to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Nassau County, dated July 29, 2003.

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

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

ORDERED that the petitioner's time to perfect the proceeding is enlarged until June 14, 2004, and the petitioner's record or appendix and 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

M11249

C/sl

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-02019 In the Matter of State Farm Mutual Automobile Insurance Company, appellant, v Deborah Nicoletti, et al., respondents. (Index No. 17575/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the uninsured motorist arbitration in the above-entitled proceeding pending the hearing and determination of an appeal from a judgment of the Supreme Court, Suffolk County, dated February 18, 2004.

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

ORDERED that the motion is granted and the uninsured motorist arbitration in the above-entitled proceeding is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 14, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 14, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11341

Y/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-04868 In the Matter of Susan Wahlberg, appellant, v Edward Rudden, respondent. (Docket No. V-2907/02)

DECISION & ORDER ON MOTION

Motion by Laura Shulman as attorney for the appellant to be assigned as counsel to represent the appellant on an appeal from an order of the Family Court, Dutchess County, entered April 29, 2003.

Upon the papers filed in support of the motion and the papers having been 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 scheduling order dated August 1, 2003, is amended to provide 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 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until June 29, 2004.

KRAUSMAN, J.P., TOWNES, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11310

S/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

1999-05245 The People, etc., respondent, v Justo Conception, appellant. (Ind. No. 6463/96)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a determination of the Supreme Court, Kings County, dated May 3, 1999. Cross application by the appellant, in effect, for poor person relief and the assignment of counsel.

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

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

ORDERED that the cross application is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Kings County, continues on appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that 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; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that the filing fee is waived (see CPLR 1103[d]); 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11225

F/

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

1995-05575 The People, etc., respondent, v James Goudy, appellant. (Ind. No. 5984/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 7, 1995.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11229

F/

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

1995-02980 The People, etc., respondent, v John Jackson, appellant. (Ind. No. 12816/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered March 24, 1995.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11226

F/

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

1995-05774 The People, etc., respondent, v Jamal Jefferson, appellant. (Ind. No. 9355/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 9, 1995.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11228

F/

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

1995-06232 The People, etc., respondent, v Terrance Jefferson, appellant. (Ind. No. 5011/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 21, 1995.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11171

S/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-02498 The People, etc., respondent, v Dominick LaRocco, appellant. (Ind. No. 3221/96)

DECISION & ORDER ON MOTION

Appeal by Dominick LaRocco from an order of the Supreme Court, Queens County, dated March 11, 2004. By order to show cause dated April 7, 2004, the appellant and the respondent were directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that the order dated March 11, 2004, is not appealable by right or by permission (see CPL 450.10; 450.15).

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

ORDERED that the appeal is dismissed (see CPL 450.10; 450.15).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11015

F/

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-01090 The People, etc., respondent, v Andrew Lyons, appellant. (Ind. No. 02-01565)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered January 27, 2004, as a poor person, and for the assignment of counsel.

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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide 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 in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Stephen J. Pittari, Esq.

Legal Aid Society of Westchester County

One North Broadway, 9th Floor

White Plains, New York 10601

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; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M11234

F/

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-03325 The People, etc., respondent v Brian A. Manzullo, appellant. (Ind. No. 203-02)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Suffolk County, rendered October 15, 2003.

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

ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the County Court, Suffolk County, rendered October 15, 2003.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11231

F/

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

1994-00056 The People, etc., respondent, v Rolando Perez, appellant. (Ind. No. 7865/93)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered December 23, 1993.

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]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11233

F/

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

1994-03677 The People, etc., respondent, v Norfelt Peterson, appellant. (Ind. No. 11309/93)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered April 11, 1994.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11232

F/

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

1994-04652 The People, etc., respondent, v Victor Plaza, appellant. (Ind. No. 10840/93)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered May 10, 1994.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11230

F/

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

1995-01193 The People, etc., respondent, v Corey Reid, appellant. (Ind. No. 7671/93)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered January 27, 1995.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11313

S/sl

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2003-00339 The People, etc., respondent, v Jeffrey Solivan, appellant. (Ind. No. 191/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a purported judgment of the County Court, Orange County, rendered January 2, 2003, for leave to prosecute the appeal from the purported judgment as a poor person, and for the assignment of counsel. By order to show cause dated March 1, 2004, the appellant was directed to show cause why an order should not be entered dismissing the appeal from the purported judgment on the ground that no appeal lies from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered December 19, 1997, to be brought to execution (see People v Crawford, 239 AD2d 515), and the motion was held in abeyance in the interim.

Upon the papers filed in support of the 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 for poor person relief and the assignment of counsel is denied as academic.

ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11218

A/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-03037 The People, etc., ex rel. Timothy Faison, petitioner, v Sheriff Reily, etc., respondent.

DECISION & ORDER ON MOTION

Application by the petitioner for a writ of habeas corpus and for poor person relief.

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 branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,

ORDERED that the branch of the application which is for a writ of habeas corpus is denied and the petition is dismissed, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court