Appellate Division: Second Judicial Department

M11608

L/

2004-01322 Malka Adlerstein, appellant, v Joseph Adlerstein, respondent. (Index No. 261/02)

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 January 6, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M11624

L/

2003-10949 Peter Angelo, et al., respondents, v New York City Housing Authority, et al., defendants, S.A.L. Electric Corporation, appellant. (Index No. 5535/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 18, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M11646

S/sl

2003-09134, 2003-10482, 2003-10484 2003-10485 Muhammed Anwar, plaintiff-respondent, v Hellman Management, et al., appellants, Republic Construction & Management, Inc., et al., defendants-respondents. (Action No. 1) (Index No. 42864/98) Stephen McCauley, etc., respondent, v Ulrik Holding Ltd., et al., appellants. (Action No. 2) (Index No. 42773/97) Mohammed Manir, et al., plaintiffs-respondents, v Ulrik Holding Ltd., et al., appellants, City of New York, defendant-respondent. (Action No. 3) (Index No. 41320/98) Douglas Hampton, et al., plaintiffs-respondents, v City of New York, et al., defendants-respondents, Ulrik Holding Ltd., et al., appellants. (Action No. 4) (Index No. 8076/98)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from four orders of the Supreme Court, Kings County, all dated September 3, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before May 26, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11633

L/

2003-09861 Dennis Aveta, et al., appellants, v Enhance Contracting, et al., respondents. (Index No. 7304/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 1, 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

M11639

S/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2003-09057, 2003-09383 Debbie Bernstein, respondent, v Drew Bernstein, appellant. (Appeals No. 1 and 2) 2004-00811, 2004-00812 Debbie Bernstein, respondent-appellant, v Drew Bernstein, appellant-respondent. (Appeals No. 3 and 4) 2004-00814 Debbie Bernstein, respondent, v Drew Bernstein, appellant. (Appeal No. 5) (Index No. 204519/00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated May 18, 2004, in the above-entitled actions is amended by (1) deleting from the preamble thereof the date "March 21, 2004," and substituting therefor the date "March 21, 2003", and (2) deleting from the first decretal paragraph thereof the date "November 20, 2003," and substituting therefor the date "March 21, 2003".

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11630

L/

2003-10325 Stephan A. Bitterman, et al., appellants, v Jeffrey Hurewitz, respondent. (Index No. 1407/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated October 7, 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

M11650

L/

2003-07708 City of New York, respondent-appellant, v Long Island Power Authority, apellant- respondent. (Index No. 12267/01)

ORDER ON APPLICATION Application to Withdraw Cross Appeal

Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Queens County, dated July 9, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11578

M/nal

2004-04160 Daniel Costigan, appellant, v Elizabeth Renner, respondent. (Index No.11123-02)

SCHEDULING ORDER

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

ORDERED that the appeal in the above-entitled 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M11617

L/

2003-11360 Emial Estremera, appellant, v Mohan Kowlessar, et al., respondents. (Index No. 6707/00)

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 October 9, 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

M11658

S/sl

2003-09782 Gregory Falgoust, respondent, v Andrea Falgoust, appellant. (Index No. 200378/02)

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 a judgment of the Supreme Court, Nassau County, dated October 24, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 1, 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

M11674

C/sl

DAVID S. RITTER, J.P.

SANDRA L. TOWNES

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2003-01883, 2004-01548, 2004-03152 Hannah Fine, respondent, v Lawrence Fine, appellant. (Index Nos. 0042/91, 7598/02)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from three orders of the Supreme Court, Queens County, dated November 25, 2002, January 30, 2004, and March 30, 2004, respectively, inter alia, to enlarge the time to serve and file a brief on the appeal from the order dated November 25, 2002, to vacate any stay of enforcement of the order dated January 30, 2004, which exists pursuant to CPLR 5519(a)(2), and to waive the filing fee on the instant motion. Cross motion by the appellant, in effect, to vacate the order dated March 30, 2004, on the ground that the order was issued in violation of the stay of the order dated January 30, 2004, which exists pursuant to CPLR 5519(a)(2).

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

ORDERED that the branch of the motion which is to vacate any stay of enforcement of the order dated January 30, 2004, which exists pursuant to CPLR 5519(a)(2) is granted, and the stay is vacated; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief on the appeal from the order dated November 25, 2002, is granted, and the respondent shall serve and file a brief on that appeal on or before July 9, 2004; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee on the instant motion is granted, and the filing fee on the motion is waived; and it is further,

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

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11632

CF/

2003-10379 Emerito Flores, respondent, v Federated Department Stores, Inc., d/b/a Sterns, et al., appellants. (Index No. 14050/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 22, 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

M11641

CF/

2003-11420 GEICO, a/s/o Aida L. Davila, et al., appellants, v James Harris, respondent. (Index No. 72/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 8, 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

M11651

L/

2003-09276 Maspan Higgins, respondent, v Neva Murray, et al., defendants, Basdeo Haripal, appellant. (Index No. 30663/01)

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 August 26, 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

M11643

C/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-02605, 2003-03553 George Hom, appellant, v Rosemary Weintraub, respondent. (Index No. 18175/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated April 19, 2004, in the above-entitled matter is amended by deleting from the fourth decretal paragraph thereof the words "May 25, 2004," and substituting therefor the words "June 29, 2004,".

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

ENTER:

James Edward Pelzer

Clerk of the Court

Ap

pellate Division: Second Judicial Department

M11629

L/

2004-00805 Hospital for Joint Diseases, etc., et al., appellants, v Nationwide Mutual Insurance Company, respondent. (Index No.4210/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated January 6, 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

M11659

A/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2002-09453 Gila Katri, et al., plaintiffs-respondents, v Farag Katri, defendant, Chase Manhattan Bank, n/k/a JP Morgan Chase, appellant. (Index No. 17968/00)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent Gila Katri for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated September 20, 2002, which was determined by decision and order of this court dated November 24, 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, with $100 costs.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11638

L/

2004-01158 Larken Sweater Corporation, et al., appellants, v American Cargo Express, respondent. (Index No.14613/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated October 31, 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

M11631

L/

2003-11225 Patricia Lopez, appellant, v Temple Hillel, et al., defendants third-party plaintiffs- respondents; Romanelli Bros., Inc., third-party defendant-respondent. (Index No. 10691/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated October 16, 2003.

Upon the stipulation of the parties, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11594

E/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO, JJ.

2003-11434, 2004-02201 Ludico Toys, Inc., respondent, v Raymond Vernon, et al., appellants, et al., defendants. (Index No. 362/01)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Westchester County, entered December 4, 2003, and February 4, 2004, respectively, to stay the trial on the issue of damages in the above-entitled action pending 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11634

CF/

2003-09908 Marlene Magnanini-Orts, et al., appellants, v Maureen Kuchler, et al., respondents. (Index No. 2947/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated October 1, 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

M11619

L/

2003-11161 Dorette Mathurin, respondent, v Jean Excellent, et al., appellants. (Index No. 32908/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Kings County, dated October 29, 2003.

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

ORDERED that the applications are granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11576

M/nal

2004-04131 David B. Messinger, appellant, v Lori Messinger, respondent. (Index No. 07149/00)

SCHEDULING ORDER

Appeal by David B. Messinger from an order of the Supreme Court, Westchester County, dated April 7, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M11637

CF/

2004-02186 Robert Milea, appellant, v Andrea Milea, respondent. (Index No. 3052/03)

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 February 9, 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

M11446

S/sl

2003-08925, 2003-08927 NYCTL 1998-2 Trust, et al., respondents, v Isaac Levin, appellant, et al., defendants. (Index No. 4917/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated May 23, 2003, and October 2, 2003, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until May 24, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11645

CF/

2003-07904 Grace Natuzzi, et al., appellants, v United States Fidelity & Guaranty Company, respondent. (Index No. 389/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 1, 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

M11609

L/

2003-10231 Antonio Ortiz, et al., appellants, v J.P. Jack Corporation, et al., respondents, et al., defendant. (Index No. 6989/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 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

M11636

L/

2004-00583 Noelma Osborne, respondent, v Jamaica Buses, Inc., appellant. (Index No. 30917/01)

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 29, 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

M11655

S/sl

2003-09368 Darrian Owens, respondent, v City of New York, appellant. (Index No. 5811/95)

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 Appellate Term, Second and Eleventh Judicial Districts, dated September 25, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 16, 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

M11635

L/

2004-00104 Pacific Indemnity Insurance Co. a/s/o David Horan, respondent, v Heatwell Oil Company, et al., appellants. (Index No.387/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 17, 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

M11615

L/

2003-10521 Annette Perero, respondent, v Cut Rate Poly Products Inc., et al., appellants. (Index No. 38813/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 8, 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

M11642

CF/

2004-03147 Harrichand Pershad, respondent, v Mala Jagmohan, et al., appellants. (Index No. 27639/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 26, 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

M11648

L/

2003-08281 Marc Quezada, et al., respondents, v Christopher P. O'Reilly-Green, etc., appellant, et al., defendants. (Index No. 721/00)

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 August 7, 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

M11649

L/

2004-01256 Marc Quezada, et al., respondents, v Christopher P. O'Reilly-Green, etc., appellant, et al., defendants. (Index No. 721/00)

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 December 15, 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

M11626

L/

2004-00426 Nicole Robinson, appellant, v Melody J. Bonanno, et al., respondents. (Index No. 10210/03)

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 November 17, 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

M11613

L/

2004-02972 Rigoberto Rosales, et al., appellants, v Transportation Planning Corporation, et al., respondents. (Index No.9358/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 15, 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

M11610

S/sl

2003-10525 Shulim Sakhnovskiy, et al., respondents, v 409 Taxi Corp., et al., appellants. (Index No. 014473/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 20, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 20, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11628

L/

2004-00577 Nikica Sau, respondent, v Genovese Drug Stores, Inc., appellant. (Index No. 25658/01)

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 December 17, 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

M11611

L/

2004-02686 Wanli Smith, respondent, v VLP, Inc., et al., appellants. (Index No. 10218/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Queens County, dated February 24, 2004.

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

ORDERED that the applications are granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11640

CF/

2004-00883 Tiger Karate, Inc., d/b/a Tiger Schulmann's Karate Centers, plaintiff-respondent, v Meal Corp., d/b/a O'Toole's Restaurant Pub, defendant third-party plaintiff-respondent, Krupp Realty Company, et al., appellants. (Index No. 2240/96)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated January 7, 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

M11618

L/

2003-09895 Universal Medical Systems, Inc., respondent, v Todd Beisswenger, appellant. (Index No. 13670/01)

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 2, 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

M11627

L/

2003-10591 Washington Village Housing Corp., respondent, v Ramond Ford, Jr., et al., appellants. (Index No. 16527/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 29, 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

M11573

M/nal

2004-04098 In the Matter of Gail M. Amorde, appellant, v Bret C. Armorde, respondent. (Docket No. F-05598-03)

SCHEDULING ORDER

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11683

R/sl

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-01742 In the Matter of Anastasia B. (Anonymous). Administration for Children's Services, petitioner- respondent; Shannan B. (Anonymous), respondent; Constantin B. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-17178-97) In the Matter of Maximillian B. (Anonymous). Administration for Children's Services, petitioner- respondent; Shannan B. (Anonymous), respondent; Constantin B. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-17179-97)

DECISION & ORDER ON MOTION

Appeal by Constantin B. from an order of the Family Court, Queens County, dated January 26, 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 proceedings for failure to comply with a scheduling order dated March 10, 2004, issued pursuant to 22 NYCRR 670.4(a)(3).

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

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

ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated March 10, 2004, 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 July 12, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11647

L/

2004-01123 In the Matter of Wanda Boone, et al., appellants, v New York City Housing Authority, respondent. (Index No. 17514/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 19, 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

M11623

M/nal

2003-05963 In the Matter of Baby Boy C. (Anonymous). Administration for Children's Services, respondent; Douglas B. (Anonymous), appellant. (Docket No. B-16071-01)

SCHEDULING ORDER

Appeal by Douglas B. from an order of the Family Court, Kings County, dated April 25, 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

M11582

M/nal

2003-11310 In the Matter of Brianna C. (Anonymous). Administration for Children's Services, appellant; Edward C. (Anonymous), respondent. (Docket No. N-20601/03)

SCHEDULING ORDER

Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated December 24, 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 law guardian's time to serve and file a brief on the appeal is enlarged until June 7, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11579

M/nal

2004-04259 In the Matter of Peter C. (Anonymous). Suffolk County Department of Social Services, appellant; Anthony C. (Anonymous), respondent. (Docket No. N-15520-03)

SCHEDULING ORDER

Appeal by Suffolk County Department of Social Services from an order of the Family Court, Suffolk 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 in the Family Court proceeding to be transcribed for the appeal; or

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11625

M/nal

2003-09385 In the Matter of John Cichosz, appellant, v Teresa Cichosz, respondent. (Docket No. F-6406/02)

SCHEDULING ORDER

Appeal by John Cichosz from an order of the Family Court, Nassau County, dated September 24, 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 19, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11644

Y/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-02258 In the Matter of Country-Wide Insurance Company, petitioner-respondent, v Jun Long He respondent- respondent; Louis S. Perrone, et al., proposed additional appellants; AIU Insurance Company, et al., proposed additional respondents-respondents. (Index No. 18252/01)

DECISION & ORDER ON MOTION

Motion by AIU Insurance Company to dismiss an appeal from a transcript of the Supreme Court, Queens County, dated June 27, 2002, on the ground that no appeal lies from a judgment entered upon the default of the appealing party.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); 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

M11588

M/nal

2004-01736 In the Matter of Albert DeSousa, appellant, v Department of Social Services, o/b/o Susan DeSousa, respondent. (Docket No. F-415-80)

ORDER TO SHOW CAUSE

Appeal by Albert DeSousa from an order of the Family Court, Suffolk County, dated January 28, 2004. By scheduling order dated March 10, 2004, as amended by decision and order dated April 21, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated March 10, 2004, as amended by decision and order dated April 21, 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 14, 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

M11657

S/sl

2003-09339 In the Matter of Carmine E. Dente, Sr., petitioner, v Raymond Martinez, respondent. (Index No. 15453/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Queens County, dated October 8, 2003.

ORDERED that the application is granted and the respondent's time to file a brief is enlarged until May 26, 2004, and the respondent's brief must be filed on or before that date; and it is further,

ORDERED that the reply brief, if any, shall be served and filed on or before June 7, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11572

M/nal

2004-03967 In the Matter of Shamel J. E. (Anonymous), appellant. (Docket No. D-00574-04)

SCHEDULING ORDER

Appeal by Shamel J. E. from an order of the Family Court, Dutchess County, dated April 6, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11656

S/sl

2003-08303 In the Matter of 49 Realty Company, a/k/a 49 Realty Company, LLC, appellant, v Commissioner of Finance, respondent. (Index No. 29609/90)

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 and judgment (one paper) of the Supreme Court, Kings County, dated August 4, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 1, 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

M11598

M/nal

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

SCHEDULING ORDER

Appeal by James Andrew Francischelli from an order of the Family Court, Queens County, dated December 12, 2003. By decisions and orders of this court dated March 12, 2004, and May 11, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person, and for leave to reargue were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11616

M/nal

2004-01474 In the Matter of Anthony Christopher G. (Anonymous), Jr. St. Christopher-Ottillie, respondent; Anthony G. (Anonymous), appellant. (Docket No. B-1880-02)

SCHEDULING ORDER

Appeal by Anthony G. from an order of the Family Court, Kings County, dated January 2, 2004. By decision and order on motion of this court dated May 12, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Peter A. Wilner, Esq.

90-50 Parsons Blvd. - Suite 307

Jamaica, New York 11432

(917) 733-5932

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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated May 12, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11570

E/sl

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2003-06973 In the Matter of GEICO, petitioner-respondent, v Violeta Robbins, appellant; Travelers Indemnity Company, et al., additional respondents-respondents. (Index No. 49015/02)

DECISION & ORDER ON MOTION

Motion by the additional respondent-respondent Travelers Indemnity Company on an appeal from an order of the Supreme Court, Kings County, dated July 14, 2003, to dismiss the appeal on the ground that the order appealed from "was only a recommendation and as such is not appealable," or alternatively, to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is 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 granted, the time of the additional respondent-respondent Travelers Indemnity Company to serve and file a brief is enlarged until June 21, 2004, and the brief of the additional respondent-respondent Travelers Indemnity Company must be served and filed on or before that date; and it is further,

 ORDERED that on the court's own motion, the appellant's time to serve and file a reply brief is enlarged until July 7, 2004, and the reply brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11620

Y/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-10915 In the Matter of Richard Goldberg, etc., petitioner, v Glenn S. Goord, etc., respondent. (Index No. 3797/03)

DECISION & ORDER ON MOTION

Motion by the petitioner to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated December 8, 2003, as a poor person and for the assignment of counsel.

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

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

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

ORDERED that those branches of the motion which are for a copy of the transcript without charge and the assignment of counsel are denied; and it is further,

 ORDERED that on the court's own motion, the petitioner's time to perfect the proceeding 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 nine copies of his brief on the appeal is enlarged until July 29, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11614

M/nal

2004-00276 In the Matter of Ajuwon H. (Anonymous). McMahon Services, respondent; Annmarie H. (Anonymous), appellant. (Docket No. B-24985-00)

SCHEDULING ORDER

Appeal by Annmarie H. from an order of the Family Court, Kings County, dated December 18, 2003. By decision and order on motion of this court dated May 12, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Pauline E. Braun, Esq.

43 Edgewood Road

P.O. Box 9

Valley Stream, New York 11582-0009

(516) 872-4080

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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated May 12, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11590

M/nal

2003-08044 In the Matter of Diane H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 1) In the Matter of Missy H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 2) In the Matter of Alexya H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 3) In the Matter of Jose H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 4) In the Matter of Matthew H. (Anonymous), Jr. Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 5) (Docket Nos. B-1344/03, B-1345/03, B-1346/03 B-1347/03, B-1348/03) In the Matter of John P. (Anonymous), et al., petitioners, v Administration for Children's Services, et al., respondents. (Proceeding No. 6) Docket Nos. V-1049/03, V-1050/03 V-2130/03, V-2131/03, V-2132/03

SCHEDULING ORDER

Separate appeals by Matthew H., Sr., and Julie H. from an order of the Family Court, Richmond County, dated August 22, 2003. The brief of appellant Julie H. was served and filed on March 30, 2004, and the brief of the appellant Matthew H. Sr., was served and filed on May 11, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11596

M/nal

2003-02010 In the Matter of Nicolette H. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Austin H. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Nathaniel S. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 3) (Docket Nos. NN-05013-02, NN-05013-02/02A, NN-05016-02, NN-05016-02/02A, NN-05017-02, NN-05017-02/02A, NA-05022-02, NA-05022-02A)

SCHEDULING ORDER

Appeal by Dutchess County Department of Social Services from an order of the Family Court, Dutchess County, dated February 10, 2003. The assigned counsel for the respondent was served with the transcripts and the appellant's brief on May 12, 2004. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated March 23, 2003, in the above-entitled proceeding is amended to provide that the respondent's brief on the appeal shall be served and filed on or before June 17, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11687

S/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-05528, 2003-05552 In the Matter of Felicia A. Henry, appellant, v Andrew A. Skratt, respondent. (Docket Nos. O-14090-03, V-20135/01)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to perfect appeals from two orders of the Family Court, Kings County, dated May 20, 2003, and June 30, 2003, respectively.

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 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 his brief on the appeal is enlarged until May 28, 2004; and it is further,

ORDERED that no further enlargements of time shall be granted.

FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11603

M/nal

2003-03515 In the Matter of Ulawrence J. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Minerva J. (Anonymous), appellant; Claude D. (Anonymous), respondent. (Docket Nos. B-03-01, B-03-02, N-181-99-02F)

SCHEDULING ORDER

Appeal by Minerva J. from an order of the Family Court, Westchester County, dated March 3, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 5, 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 respondent to serve and file a brief on the appeal is enlarged until June 7, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11581

M/nal

2004-01743 In the Matter of Eva M. King, appellant, v Ramel Flowers, respondent. (Docket No. O-01551/04)

SCHEDULING ORDER

Appeal by Eva M. King from an order of the Family Court, Queens County, dated February 5, 2004. By decision and order on motion of this court dated May 7, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Francine Shraga, Esq.

869 East 12th Street

Brooklyn, New York 11230

(718) 377-4894

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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated May 7, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11621

M/nal

2003-09479 In the Matter of Lamont Dale M. (Anonymous). St. Vincent's Services, respondent; Cleo C. (Anonymous), appellant. (Docket No. B-17334/01)

SCHEDULING ORDER

Appeal by Cleo C. from an order of the Family Court, Queens County, dated October 7, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 14, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11622

M/nal

2004-01922 In the Matter of Jean C. Mahoney, appellant, v William C. Goggins, respondent. (Docket No. F-16784-03)

SCHEDULING ORDER

Appeal by Jean C. Mahoney from an order of the Family Court, Suffolk County, dated February 10, 2004. The appellant's brief was filed in the office of the Clerk of this court on May 14, 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

M11580

M/nal

2003-11446 In the Matter of Mark Anthony McC. (Anonymous). Administration for Children's Services, petitioner- respondent; Forestdale, Inc., petitioner-appellant; Melissa Jean-Marie McC. (Anonymous), respondent- respondent; Monica Drinane, etc., nonparty-appellant. (Docket No. B-5639/00 )

SCHEDULING ORDER

Separate appeals by Forestdale, Inc., and the law guardian from an order of the Family Court, Queens County, dated December 2, 2003. The law guardian's brief was served and filed 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 time of Forestdale, Inc., to serve and file its appellant's brief on the appeal is enlarged until June 10, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11592

M/nal

2003-07013, 2003-07014 In the Matter of Jasmine N. (Anonymous). Administration for Children's Services, respondent; Glenn N. (Anonymous), appellant. (Docket No. NA-3601-00)

SCHEDULING ORDER

Appeals by Glenn N. from two orders of the Family Court, Queens County, both dated July 23, 2003. The original papers were filed on December 15, 2003. By decision and order of this court dated May 7, 2004, the following attorney was assigned as new counsel on the appeals:

Matthew M. Lupoli, Esq.,

167-16 Northern Blvd.

P.O. Box 580283

Flushing, New York 11358

(718) 539-0622

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 brief on the appeals is enlarged until June 18, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11585

M/nal

2004-02528 In the Matter of Aminat O. (Anonymous). Suffolk County Child Protective Services, respondent; Larre O. (Anonymous), appellant. In the Matter of Lola O. (Anonymous). Suffolk County Child Protective Services, respondent; Larre O. (Anonymous), appellant. (Docket Nos. N-8308-03, N-8309-03)

ORDER TO SHOW CAUSE

Appeal by Larre O. from an order of the Family Court, Suffolk County, dated February 23, 2004. 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 appeal; or

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

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

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated March 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

M11593

M/nal

2003-09799 In the Matter of Katherine Powers, respondent, v James Horner, appellant. (Docket No. V-7050/01)

SCHEDULING ORDER

Appeal by James Horner from an order of the Family Court, Queens County, dated October 9, 2003. By decision and order on motion of this court dated May 7, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Seymour Zager, Esq.

300 E. 74th Street - Suite 28C

New York, New York 10021

(212) 772-6006

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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated May 7, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11595

M/nal

2004-02839, 2004-02840 In the Matter of Jazmone S. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. In the Matter of Ashley J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. In the Matter of Zalika J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. In the Matter of Ethan J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Docket Nos. N-04616-04, N-04617-04 N-04618-04, N-04619-04)

SCHEDULING ORDER

Appeals by Philip J. from two orders of the Family Court, Queens County, both dated March 31, 2004. By decision and order on motion of this court dated May 7, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:

Kenneth M. Tuccello, Esq.

251 E. 61st Street

New York, New York 10021

(212) 517-5000

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated May 7, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11660

S/sl

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-00171 In the Matter of Joseph Scire, appellant, v Dorothy Simone, etc., et al., respondents. (Proceeding No. 1) (Docket No. V-10707-02) In the Matter of Dorothy Simone, etc., et al., respondents, v Joseph Scire, appellant. (Proceeding No. 2) (Docket No. V-16732-02)

DECISION & ORDER ON MOTION

Appeal by Joseph Scire from an order of the Family Court, Suffolk County, dated December 1, 2003. By order to show cause dated April 23, 2004, the parties 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 proceedings for failure to comply with a scheduling order dated January 12, 2004, issued pursuant to 22 NYCRR 670.4(a)(3).

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 motion is denied; and it is further,

ORDERED that the appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated January 12, 2004, by 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 the remaining parties on or before June 25, 2004; and it is further,

ORDERED that Joseph Mirabella, Esq., the attorney assigned to represent the appellant in the Family Court, Suffolk County, is directed to serve a copy of this order on the appellant at his last known address by one of the methods specified in CPLR 2103(c), on or before June 10, 2004, and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order on Joseph Mirabella, Esq., on or before May 24, 2004, by regular mail.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11601

M/nal

2004-02569 In the Matter of Beatriz Sosa, respondent, v Oscar Sosa, appellant. (Docket No. F-238-03)

SCHEDULING ORDER

Appeal by Oscar Sosa from an order of the Family Court, Orange County, dated March 5, 2004. By decision and order on motion of this court dated May 12, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Philip C. Schnabel, Esq.

33 Schnabel Lane

Chester, New York 10918

(845) 469-2023

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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated May 12, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M11589

M/nal

2003-09091 In the Matter of Avrohom Steinharter, appellant, v Meira Steinharter, respondent. (Docket No. V-14115-03)

SCHEDULING ORDER

Appeal by Avrohom Steinharter from an order of the Family Court, Kings County, dated September 18, 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 time of the respondent and the law guardian to serve and file a their briefs on the appeal is enlarged until June 10, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11577

M/nal

2004-04163, 2004-04165 In the Matter of Suffolk County Department of Social Services, o/b/o Tonia Marzocco, respondent, v Robert Marzocco, appellant. (Docket No. F-03777-92)

SCHEDULING ORDER

Appeals by Robert Marzocco from two orders of the Family Court, Suffolk County, dated February 9, 2004, and April 23, 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 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M11679

S/nl

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2003-10400 In the Matter of Town Board of Town of Cortlandt, petitioner, v New York State Board of Real Property Services, respondent.

DECISION & ORDER ON MOTION

Motion by the respondent, New York State Board of Real Property Services, to dismiss a hybrid proceeding pursuant to CPLR article 78, RPTL article 12, and 9 NYCRR subpart 186-2, et seq., on the grounds that it is barred by the statute of limitations, that the petition fails to state a cause of action and fails to join necessary parties.

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

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

ORDERED that the respondent shall serve and file its answer on or before June 11, 2004 (see CPLR 7804[f]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11685

S/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

SONDRA MILLER

DANIEL F. LUCIANO, JJ.

2003-08169 The People, etc., respondent, v Alfonso Patricio Bastidas, appellant. (Ind. No. 12840/90)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Queens County, rendered August 1, 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 October 3, 2003, the appellant was ordered 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 March 14, 1991, to be brought to execution (see People v Crawford, 239 AD2d 515), and the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was held in abeyance in the interim.

Now, on the court's own motion and upon the papers filed in support of the appellant's motion and no papers having been filed in response to the order to show cause, it is

ORDERED that appeal is dismissed; and it is further,

ORDERED that the appellant's motion for leave to prosecute the appeal as a poor person, and for the assignment of counsel, is denied as academic.

RITTER, J.P., FLORIO, S. MILLER and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11667

F/

A. GAIL PRUDENTI, P.J.

2004-03225 The People, etc., plaintiff, v Harold Harry Mabee, defendant. (Ind. No. 00-00008)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Orange County, dated February 25, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

A. GAIL PRUDENTI

Presiding Justice

Appellate Division: Second Judicial Department

M11669

F/

SONDRA MILLER, J.

2004-03278 The People, etc., plaintiff, v Sharon Mabry, defendant. (Ind. No. 392/97)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated January 30, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

SONDRA MILLER

Associate Justice

Appellate Division: Second Judicial Department

M11664

F/

GLORIA GOLDSTEIN, J.

2004-03516 The People, etc., plaintiff, v Herbert Morales, defendant. (Ind. No. 251-84)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated March 19, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

GLORIA GOLDSTEIN

Associate Justice

Appellate Division: Second Judicial Department

M11653

S/sl

2003-02939 The People, etc., respondent, v Steven E. Robinson, appellant. (Ind. No. 17/02)

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 a judgment of the County Court, Putnam County, rendered December 10, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 28, 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

M11652

Y/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-03035 The People, etc., ex rel. Ramon Flores, petitioner, v Thomas Murphy, 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 the papers filed in opposition 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