Appellate Division: Second Judicial Department

M11533

R/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2004-03217 Infinite Uhura Allah, appellant, v State of New York, respondent. (Claim No. 101315)

DECISION & ORDER ON MOTION Motion for Poor Person Relief

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Court of Claims, dated March 9, 2004, as a poor person.

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.

H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11545

Y/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2002-09849 Ardmar Realty Company, appellant, v Building Inspector of the Village of Tuckahoe, et al., respondents. (Index No. 9635/99)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to reargue an appeal from a judgment of the Supreme Court, Westchester County, dated October 4, 2002, 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.

ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11600

J/sl

2004-00968 Ginette Attis, etc., plaintiff-respondent, v William Wolmart, et al., defendants- respondents, Margarette J. Robinson, appellant. (Index No. 4936/03)

ORDER ON APPLICATION

Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, entered November 17, 2003.

ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until June 15, 2004, and the plaintiff-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

M11574

J/sl

2003-09062 Karen Bailey, appellant, v Igor Ichtchenko, et al., respondents. (Index No. 9364/99)

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, Nassau County, entered August 20, 2003.

ORDERED that the application is granted and 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.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11522

M/nal

2003-06451, 2004-00477 Peter Cruciata, respondent, v Josephine Cruciata, appellant. (Action No. 1) (Index No. 5676/01) Josephine Cruciata, appellant, v Peter Cruciata, respondent. (Action No. 2) (Index No. 5145/03)

SCHEDULING ORDER

Appeals by Josephine Cruciata from two orders of the Supreme Court, Richmond County, dated May 29, 2003 and December 15, 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 law guardian's time to serve and file a brief on the appeals is enlarged until May 21, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11604

J/sl

2003-09967 55 Monroe Boulevard Owners Corp., respondent, v Highland Insurance Company, appellant. (Index No. 3997/01)

ORDER ON APPLICATION

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11606

Y/sl

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2003-07769, 2004-00199 Cecilia Guerin, respondent, v North Shore University Hospital, et al., defendants, St. Francis Hospital Foundation, Inc., appellant. (Index No. 24830/98)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of appeals from two orders of the Supreme Court, Nassau County, entered July 23, 2003, and dated November 17, 2003, respectively, and to stay the trial in the above-entitled action pending the hearing and determination of the appeals.

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

ORDERED that the motion is denied.

RITTER, J.P., ALTMAN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11583

S/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-03758 Gerda Hyacinthe, appellant, v Lance Edwards, et al., respondents. (Index No. 1624/02)

DECISION & ORDER ON APPLICATION

Application by the appellant to enlarge the time to comply with a decision and order on motion of this court dated March 17, 2004, which directed the appellant to file a supplemental record.

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

ORDERED that the appellant's time to comply with the decision and order on motion of this court dated March 17, 2004, is enlarged until June 21, 2004, and the supplemental record shall be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11490

M/nal

2004-03863 Carrie D. Kliphon, appellant, v Scott A. Kliphon, respondent. (Index No. 876-01)

SCHEDULING ORDER

Appeal by Carrie D. Kliphon from an order of the Supreme Court, Suffolk County, dated March 30, 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 action 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

M11534

R/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2003-00831 Eunice Marte, et al., respondents, v Town of Greenburgh, et al., appellants. (Index No. 13663/02)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered December 18, 2002, to enlarge the record on appeal, and cross motion by the respondents to strike pages 198 and 199 of the record on the ground that they are dehors the record.

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 to strike pages 198 and 199 of the record is granted, and on or before May 28, 2004, the appellants shall delete or remove those pages from the copies of the record on appeal on file with this court or serve and file a replacement record on appeal that does not contain the stricken material.

H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11538

A/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2004-03120 Louis Pereira, respondents, v Academy Bus Company, appellant. (Index No. 2032/02)

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, Westchester County, entered March 16, 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.

H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11607

Y/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-00011 Theodore Petties, appellant, v New York City Housing Authority, respondent. (Index No. 23600/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated October 31, 2003, as a poor person.

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

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

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11526

R/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2004-03838, 2004-01176 Barbara Purpura, respondent, v Nicholas E. Purpura, appellant. (Index No. 5769/85)

DECISION & ORDER ON MOTION

Motions by the appellant pro se (1) to consolidate appeals from an order and a judgment of the Supreme Court, Richmond County, dated January 5, 2004, and April 15, 2004, respectively, and to stay enforcement of the judgment, pending hearing and determination of the appeals, and (2) for leave to prosecute the appeals as a poor person.

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

ORDERED that the branch of the motion which to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the judgment is denied; and it is further,

ORDERED that the motion which is to prosecute the appeals as a poor person is denied.

H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11471

A/sl

FRED T. SANTUCCI, J.P.

NANCY E. SMITH

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2003-11141 Veronica Rosen, et al., respondents, v Tanning Loft, et al., appellants. (Index No. 13769/01)

DECISION & ORDER ON MOTION

Motion by the appellant Tanning Loft, to stay the trial in the above-entitled action, pending hearing and determination of appeals from an order of the Supreme Court, Richmond County, dated October 31, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11584

J/sl

2003-09949 Dan Rotta, appellant, v Fabio Ferreira, respondent. (Index No. 8035/99)

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, Nassau County, dated October 8, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 11, 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

M11509

R/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2004-03239 The Tiffany at Westbury Condominium, etc., et al., respondents, v Marelli Development Corp., et al., appellants, et al., defendants. (Index No. 006919/03)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Nassau County, dated March 18, 2004, pending hearing and determination of an appeal therefrom.

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., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11510

R/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2003-06514 In the Matter of Ricky A. (Anonymous), (Docket No. D-844-03)

DECISION & ORDER ON MOTION appellant.

Motion by the appellant for a preference in the calendaring of an appeal from an order of disposition of the Family Court, Orange County, dated April 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 the appeal will be calendared when it is fully perfected.

H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11491

M/nal

2004-03962, 2004-03963 In the Matter of Deborah Cunningham, appellant, v George Fillie Faboe, respondent. (Docket No. F-06106-02)

SCHEDULING ORDER

Appeals by Deborah Cunningham from two orders of the Family Court, Kings County, dated March 24, 2004, and April 22, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled 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 appeals; or

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the 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 appeals; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11516

M/nal

2003-10182, 2003-10184 In the Matter of Kathleen Doherty-McCauley, respondent, v Joseph Patchen, appellant. (Docket No. F-520/98)

ORDER TO SHOW CAUSE

Appeals by Joseph Patchen from two orders of the Family Court, Westchester County, dated September 5, 2003, and October 24, 2003, respectively. By decision and order of this court dated April 5, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeals as a poor person on or before May 6, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding 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 June 11, 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

M11586

M/nal

2003-03361 In the Matter of Vanessa F. (Anonymous). Edward Gould Services for Children & Families, respondent; Vanessa F. (Anonymous), appellant. (Docket No. B-22992-01)

SCHEDULING ORDER

Appeal by the mother, Vanessa F., from an order of the Family Court, Kings County, dated February 21, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to serve and file a reply brief is enlarged until May 26, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M10063

M/nal

2003-07243, 2003-07688, 2003-07690 In the Matter of Infinite G. (Anonymous). Administration for Children's Services, respondent, Danielle M. (Anonymous), et al., appellants. (Proceeding No. 1) (Docket No. N-15498-01) In the Matter of D'Asia H. (Anonymous). Administration for Children's Services, respondent, Danielle M. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket No. N-15499-01)

SCHEDULING ORDER

Appeals by Danielle M. from an order of the Family Court, Queens County, dated December 19, 2002, and two orders of the same court both dated July 16, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 8, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11513

M/nal

2003-09326 In the Matter of Michelle Gabriel, respondent, v Robert R. DiBari, appellant. (Docket No. P-144773/02)

SCHEDULING ORDER

Appeal by Robert R. DiBari from an order of the Family Court, Suffolk County, dated September 15, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 10, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11525

M/nal

2003-09737 In the Matter of Daniel Gutierrez, et al., respondents, v Maria Negron, appellant. (Docket Nos. V-6923-00, V-6924-00)

SCHEDULING ORDER

Appeal by Maria Negron from an order of the Family Court, Orange County, dated September 29, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until June 18, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11514

M/nal

2003-07547 In the Matter of Harry Hall, appellant, v Leroy Ladson, respondent. (Docket No. V-21712-02)

SCHEDULING ORDER

Appeal by Harry Hall from an order of the Family Court, Kings County, dated August 12, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 15, 2004. By decision and order of this court dated March 29, 2004, the following attorney was assigned to represent the respondent on the appeal:

Peter H. Dailey, Esq.

420 Riverside Drive - 2E

New York, New York 10025

(212) 678-6238

Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until June 18, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11564

F/

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2003-11219 In the Matter of Donald J. Jr. (Anonymous). Bonnie A. (Anonymous), appellant; George E. (Anonymous), respondent. (Docket No. G-4162-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Dutchess County, dated November 19, 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 relation thereto, it is

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

Neal D. Futerfas, Esq.

50 Main Street - Suite 1000

White Plains, New York 10606

(914) 682-2171

and it is further,

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

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11527

M/nal

2004-02522, 2004-02524 In the Matter of Shondel Jackson, respondent, v Mark DeSouza, appellant. (Docket No. P-06630/00)

ORDER TO SHOW CAUSE

Appeals by Mark DeSouza from two orders of the Family Court, Kings County, dated October 20, 2003, and February 16, 2004, respectively. By scheduling order dated March 31, 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 appeals; or

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

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

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

The 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 appeals in the above-entitled proceeding for failure to comply with the scheduling order dated March 31, 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 June 11, 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

M11488

M/nal

2004-03893 In the Matter of Deionte L. (Anonymous). Administration for Children's Services, respondent; Lisa L. (Anonymous), appellant. (Docket No. N-16113-03)

SCHEDULING ORDER

Appeal by Lisa L. from an order of the Family Court, Queens County, dated April 14, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M11591

R/sl

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-00041 In the Matter of Essence Imiaya L. (Anonymous). Suffolk County Department of Social Services, appellant; Keith L. (Anonymous), respondent. (Docket No. B-11601-03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Family Court, Suffolk County, dated December 23, 2003, to strike stated portions of the appellant's appendix and, in effect, to strike portions of the appellant's brief on the ground that they contain matter dehors the record, and cross motion by the appellant to enlarge the record on appeal.

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 granted to the extent that the following material is stricken from the copies of the appellant's appendix and brief on file with this court:

(a) pages A-5 through A-75 of the appendix; and

(b) the second paragraph of page 1of the brief through the first paragraph on page 3 of the brief; and the motion is otherwise denied; and it is further,

ORDERED that on or before June 10, 2004, the appellant shall either (1) remove from the original and all copies of the appendix and its brief on file with this court the above referenced-material; or (2) serve and file a new appendix and brief that do not contain the above-referenced material; and it is further,

ORDERED that on the court's own motion, the respondent's and Law Guardian's times to serve and file their respective briefs is enlarged until July 19, 2004, and the respondent's and Law Guardian's briefs must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11605

M/nal

2002-09602 In the Matter of Talisha L. (Anonymous). Administration for Children's Services, et al., respondents; Erica L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Calo L. (Anonymous). Administration for Children's Services, et al., respondents; Erica L. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-772-3-00, V-9211-00, G-5425-6-02)

SCHEDULING ORDER

Appeal by Erica L. from an order of the Family Court, Kings County, dated September 6, 2002. The appellant's brief was filed in the office of the Clerk of this court on March 23, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the law guardian to serve and file a brief on the appeal is enlarged until June 1, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11587

M/nal

2002-06094, 2003-01899 In the Matter of David M. (Anonymous). Angel Guardian Children and Family Services, et al., respondents; Kelly M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Joy M. (Anonymous). Angel Guardian Children and Family Services, et al., respondents; Kelly M. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-7793/99, B-7794/99)

SCHEDULING ORDER

Appeals by Kelly M. from two orders of the Family Court, Kings County, both dated May 15, 2002. The transcripts in the above-entitled appeals were received by the assigned counsel on or about May 10, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that on or before June 17, 2004, the appellant shall perfect the appeals or submit an affidavit or an affirmation withdrawing the appeals; and it is further,

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

ORDERED that if the appeals have not been perfected or withdrawn on or before June 17, 2004, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11486

M/nal

2004-03862 In the Matter of Shariaf M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Rosina Y. (Anonymous), respondent-respondent; Jayne Ann McPartlin, non-party appellant. In the Matter of Ismael Y. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Rosina Y. (Anonymous), respondent-respondent; Jayne Ann McPartlin, non-party appellant. (Docket Nos. N-607-99, N-608-99)

SCHEDULING ORDER

Appeal by Jayne Ann McPartlin, Law Guardian for the children, from an order of the Family Court, Suffolk County, dated March 25, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11520

M/nal

2003-04280 In the Matter of Elaine Powell, respondent, v Kenneth Lewis, appellant. (Docket No. F-365-00)

SCHEDULING ORDER

Appeal by Kenneth Lewis from an order of the Family Court, Kings County, dated April 15, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until May 27, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11487

M/nal

2004-03875, 2004-03878 In the Matter of Sir Shannon Deshawn Kwo R. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; LaToya Joy R. (Anonymous), appellant. In the Matter of Prince Mark Anthony R. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; LaToya Joy R. (Anonymous), appellant. (Docket Nos. B-7785-02, B-7786-02)

SCHEDULING ORDER

Appeals by LaToya Joy R. from two orders of the Family Court, Kings County, both dated March 5, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the 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 appeals; or

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the 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 appeals; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11518

M/nal

2003-09227 In the Matter of Itoko Suzuki, a/k/a Ituko Suzuki, respondent, v Arnold Peters, appellant. (Docket Nos. F-903/01, F-1014/01)

SCHEDULING ORDER

Appeal by Arnold Peters from an order of the Family Court, Westchester County, dated September 15, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until June 30, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11493

M/nal

2004-04022 In the Matter of Christopher T. (Anonymous), appellant. (Docket No. D-282-00)

SCHEDULING ORDER

Appeal by Christopher T. from an order of the Family Court, Suffolk 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11597

M/nal

2003-08795 In the Matter of Desiree L. T. (Anonymous). Commissioner of Social Services of the City of New York, et al., respondents; Eon A. (Anonymous), appellant. (Docket No. B-8530-03)

SCHEDULING ORDER

Appeal by Eon A. from an order of the Family Court, Kings County, dated August 11, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until June 1, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11563

Y/sl

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-01295 In the Matter of Viktorya Urovish, appellant, v Igor Krishtul, respondent. (Docket No. F-01851/98)

DECISION & ORDER ON MOTION

Appeal by Viktorya Urovish from an order of the Family Court, Kings County, dated January 16, 2004. By order to show cause dated April 23, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 9, 2004, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and no papers having been filed in opposition or relation 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 9, 2004 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11571

E/sl

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-00825, 2004-00852 In the Matter of Angellica V.-M. (Anonymous). Suffolk County Department of Social Services, petitioner- respondent; Tracey V. (Anonymous), respondent- respondent; Abraham C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Justin P. (Anonymous). Suffolk County Department of Social Services, petitioner- respondent; Tracey V. (Anonymous), respondent- respondent; Abraham C. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Abraham C. (Anonymous). Suffolk County Department of Social Services, petitioner- respondent; Tracey V. (Anonymous), respondent- respondent; Abraham C. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Trianna V. (Anonymous). Suffolk County Department of Social Services, petitioner- respondent; Tracey V. (Anonymous), respondent- respondent; Abraham C. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. N-15361/02, N-15364/02, N-15365/02, N-15366/02, N-15367/02, N-15368/02, N-15369/02, N-15370/02)

DECISION & ORDER ON MOTION

Appeals by Abraham C. from two orders of the Family Court, Suffolk County, both dated November 25, 2003. By order to show cause dated April 23, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 9, 2004, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and the papers 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 9, 2004 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11612

Y/sl

NANCY E. SMITH, J.P.

HOWARD MILLER

SONDRA MILLER

DANIEL F. LUCIANO, JJ.

2003-09066, 2003-09953, 2004-01655 Byron Voutsinas, appellant, v Geroge Voutsinas, respondent. (Index No. 5272/01)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Nassau County, dated September 9, 2003, and January 26, 2004, respectively, and a judgment of the same court, entered October 10, 2003, and to enlarge the time to perfect the appeals.

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

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant's time to perfect the appeals from the order dated September 9, 2003, and the judgment entered October 10, 2003, is granted to the extent that the time to perfect those appeals is enlarged until June 1, 2004, and the record or appendix on those appeals and the appellant's brief must be served and filed on or before that date, and that branch of the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11515

M/nal

2004-01206 In the Matter of Jane Zullo, respondent, v George Hom, appellant. (Docket No. F-3296/96)

SCHEDULING ORDER

Appeal by George Hom from an order of the Family Court, Nassau County, dated January 16, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until June 30, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11557

F/

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

1994-02940 The People, etc., respondent, v Nestor Arroyo, appellant. (Ind. No. 13491/93)

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 February 9, 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]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11562

F/

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

1994-03405 The People, etc., respondent, v Anthony Banks, appellant. (Ind. No. 4722/93)

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 4, 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]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11556

F/

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

1994-02704 The People, etc., respondent, v Keith Boykin, appellant. (Ind. No. 1361/93)

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 February 25, 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]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11559

F/

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

1994-06015 The People, etc., respondent, v Eric Brooks, appellant. (Ind. No. 12958/93)

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 June 9, 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]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11547

F/

DAVID S. RITTER

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2003-04296 The People, etc., respondent, DECISION & ORDER v Edward Brown, appellant. (Ind. No. 326/01)

ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered April 21, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 2512

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Appellate Division: Second Judicial Department

M11549

F/

DAVID S. RITTER

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2001-06250 The People, etc., respondent, v Lenworth Brown, appellant. (Ind. No. 1698/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered June 12, 2001.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

01 A 3641

Wende Corr. Fac.

Box 1187

Alden, New York 14004

Appellate Division: Second Judicial Department

M11566

F/

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-03478 The People, etc., respondent, v Christopher Delston, appellant. (Ind. No. 1424/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Nassau County, rendered February 25, 2004.

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, Nassau County, rendered February 25, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11554

F/

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-03382, 2004-03383 The People, etc., plaintiff, v Patrick Hamilton, defendant. (Ind. Nos. 03-00977, 03-00978)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the County Court, Orange County, both rendered January 27, 2004, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 A 0579

Livingston Corr. Fac.

Route 36 - Sonyea Road

Sonyea, New York 14556

Appellate Division: Second Judicial Department

M11470

A/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-02582 The People, etc., respondent, v Leo Marino, appellant. (Ind. No. 2469/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered March 13, 2003, for leave to serve and file a pro se motion pursuant to CPL 460.50 for a stay of execution of the judgment pending hearing and determination of the appeal, and either releasing the defendant on his own recognizance or fixing bail.

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11551

F/

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-03224 The People, etc., plaintiff, v Edwin Paniagua, defendant. (Ind. No. 03-00062)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Rockland County, rendered May 27, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11560

F/

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

1994-03660 The People, etc., respondent, v Randy Ramos, appellant. (Ind. No. 7373/93)

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 March 30, 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]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11567

F/

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2002-08405 The People, etc., respondent, v Levogie Richardson, appellant. (Ind. No. 60/01)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered September 5, 2002. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on November 12, 2002, and the following named attorney was assigned as counsel to prosecute the appeal:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

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

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

Kevin Gilleece, Esq.

399 Knollwood Road - Suite 206

White Plains, New York 10603

and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

02 A 5126

Wende Corr. Fac.

P.O. Box 1187

Alden, New York 14004-1187

Appellate Division: Second Judicial Department

M11553

F/

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-03280 The People, etc., plaintiff, v Heriberto Rubi, defendant. (Ind. No. 1961-02)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Suffolk County, rendered February 14, 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 (see CPL 460.30[1).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11569

Y/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

1999-10557 The People, etc., respondent, v Kalila Taylor, appellant. (Ind. No. 1380-97)

DECISION & ORDER ON MOTION

Motion by the People for leave to reargue an appeal from a judgment of the County Court, Suffolk County, rendered November 1, 1999, which was determined by decision and order of this court 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 denied.

H. MILLER, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11565

F/

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

1993-07064 The People, etc., respondent, v Otis Thomas, appellant. (Ind. No. 14837/92)

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 September 27, 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]).

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

ENTER:

James Edward Pelzer

Clerk of the Court