Appellate Division: Second Judicial Department

M12263

S/sl

2003-10731 Allcity Insurance Company, appellant, v Ann Marie Borello, etc., et al., respondents. (Index No. 33411/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 3, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 2, 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

M12265

C/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-00606 Bank of New York, etc., respondent, v Jaime Ortiz, et al., appellants, et al., defendants. (Index No. 7784/98)

DECISION & ORDER ON MOTION

Motion by the appellant Marga Ortiz to stay the sale of the subject premises pending the hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated December 22, 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.

FLORIO, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12214

CF/

2004-00794 Lori A. Bellini, respondent, v Andy J. Bellini, appellant. (Index No. 201610/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 17, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M12217

R/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-04427 Blinds To Go, Inc., appellant, v Times Development Plaza, L.P., respondent. (Index No. 41932/03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enjoin and restrain the respondent from taking any action to terminate, cancel, recapture, or in any other way invalidate a lease between the parties, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 2, 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.

FLORIO, J.P., CRANE, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12224

CF/

2004-00278 Kevin Cajowski, et al., plaintiffs-respondents, v Bruce Bromberg, et al., defendants-respondents, CNA Insurance Company, et al., appellants. (Index Nos. 21034/99, 7355/01)

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 16, 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

M12235

CF/

2004-02305 Janai Canada, respondent, v Calumet Farm, Ltd., appellant. (Index No. 15020/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 12, 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

M12285

J/sl

2003-08788 Sylvia Frances Chillemi, appellant, v National Birchwood Corp., respondent (and a third-party action). (Index No. 31571/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated August 14, 2003.

ORDERED that the application is granted and the appellant's appendix and brief on appeal which were submitted to the Clerk of this court are accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12242

J/sl

2003-10847 Kenneth M. Cohen, appellant, v Hani Y. Cohen, respondent. (Index No. 3128/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Rockland County, dated October 22, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 30, 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

M12234

CF/

2004-02462 Joseph Condon, respondent, v Otis Elevator Company, appellant. (Index No. 43448/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 13, 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

M12208

CF/

2004-01813 Elizabeth Deudon, respondent, v North Shore University Hospital, et al., appellants. (Index No. 25260/97)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants North Shore University Hospital, Jannette A. Morrow, and Howard Guzik to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 16, 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 by North Shore University Hospital, Jannette A. Morrow, and Howard Guzik is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12213

CF/

2004-02347 Phillip DiBenedetto, etc., respondent, v Denora Development Company, appellant. (Index No. 10732/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Richmond County, dated January 30, 2004.

Upon the stipulation of the parties, dated April 30, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12257

C/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-03075 Stephen Evers, appellant, v Richard J. Carroll, Jr., et al., respondents. (Index No. 3304/98)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, dated October 31, 2002.

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

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12211

CF/

2004-01820 Ian J. Gazes, et al., respondents, v City of New York, et al., defendants, National Westminster Bank Corp., Inc., et al., appellants. (Index No. 479/97)

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 August 25, 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

M12237

CF/

2004-02847 Christian H. Gomez, respondent, v Neil C. Bicknell, et al., appellants. (Index No. 321/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Westchester County, entered February 4, 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

M12197

S/sl

2003-09897 Walter Greenstein, et al., appellants, v Realife Land Improvement, Inc., et al., respondents. (Index No. 3270/01)

ORDER ON APPLICATION

Application by the respondents Sebastian Giner and Peter Giner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Westchester County, dated September 25, 2003.

ORDERED that the application is granted and the movants' brief which was submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12232

CF/

2004-02172 Yolanda C. Herrera, et al., respondents, v Green Street Holding Corporation, et al., appellants. (Index No. 32046/01)

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 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

M12206

O/sl

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-09473 David B. Jacobs, appellant, v Michael H. Mostow, et al., respondents. (Index No. 4162/01)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to deem his notice of appeal from an order of the Supreme Court, Nassau County, dated August 20, 2003, to be a premature notice of appeal from a judgment of the same court dated December 11, 2003, to enlarge the time to perfect the appeal, for a preference in the calendaring of the appeal, and to waive any requirement that he post a bond.

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 deem the notice of appeal from the order to be a premature notice of appeal from the judgment is granted (see CPLR 5520[c]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,

ORDERED that 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; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

 ORDERED that the branch of the motion which is to waive any requirement that the appellant file a bond is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied.

GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12267

J/sl

2003-07593 Lancer Insurance Company, respondent, v T.F.D. Bus Co., Inc., et al., appellants. (Index No. 10413/02)

ORDER ON APPLICATION

Application by the appellant Thomas E. Lyons pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from a judgment of the Supreme Court, Nassau County, dated July 29, 2003.

ORDERED that the application is granted and the reply brief of the appellant Thomas E. Lyons which was submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12255

PL/sl

2003-10799, 2004-04840 Howard C. Levy, respondent, v Heni Levy, appellant. (Index No. 10849/90)

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 September 12, 2003 and May 12, 2003, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until June 25, 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

M12266

PL/sl

2003-10032 Lexair Consulting, Inc., et al., respondents, v AG Multimedia, Ltd., et al., appellants. (Index No. 15328/01)

ORDER ON APPLICATION

Application by the respondents 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, Suffolk County, dated September 30, 2003.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12247

E/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-02130 Navah Matis, respondent, v Ephraim Matis, appellant. (Index No. 32321/97)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated February 18, 2004, to remove the appeal from the active case management program and to enlarge the time to perfect the appeal.

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 to remove the appeal from the active case management program is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of this court pursuant to 22 NYCRR 670.4(a).

FLORIO, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12231

CF/

2004-01488 Cynthia McCourty, plaintiff-respondent, v City of New York, et al., defendants- respondents, J.M.B. Construction & Excavation Corp., etc., appellant. (Index No. 45785/95)

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 January 4, 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

M12262

S/sl

2003-06286 Midwest First Financial, L.P., respondent, v First American Title Insurance Company of New York, appellant. (Index No. 8833/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated October 21, 2002.

ORDERED that the application is granted and the reply brief shall be served and filed on or before June 25, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12274

C/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-02446 Dean Nasca, et al., appellants, v Town of Brookhaven, et al., respondents. (Index No. 18052/02)

DECISION & ORDER ON MOTION

Motion by the appellant Dean Nasca for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated December 10, 2002, which was determined by decision and order of this court dated February 17, 2004.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12207

CF/

2004-02485 Kenneth Noonan, respondent, v Pete & Sal's Harborview, Inc., et al., appellants. (Index No. 9308/02)

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 December 9, 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

M12249

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-06682 Solly S. Ouannou, respondent, v Three P Corporation, appellant. (Index No. 21944/02)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 14, 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 deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12240

CF/

2003-10663 Margaret Palmese, plaintiff-respondent, v DeSanto Construction Corporation, defendant third-party plaintiff-appellant; Triple M. Roofing Corporation, third-party defendant-respondent. (Index No. 24885/00)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M12245

A/sl

GLORIA GOLDSTEIN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2003-08571 Eric Parker, respondent, v Mobil Oil Corporation, et al., defendant third-party defendant-appellant, Getty Petroleum Marketing, Inc., defendant third-party plaintiff-appellant, et al., appellants. (and other third-party actions) (Index No. 1425/99)

DECISION & ORDER ON MOTION

Motion by Mobil Oil Corporation and Exxon Mobil Corporation, in effect, to stay all proceedings, including discovery, in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated August 20, 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.

GOLDSTEIN, J.P., CRANE, COZIER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12238

CF/

2003-08875 Johnny Parsuram, appellant-respondent, v ITC Bargain Stores, defendant, Indiana Fried Chicken, et al., respondents-appellants. (Index No. 42270/97)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondents-appellants to withdraw a cross appeal from an order of the Supreme Court, Kings County, dated July 31, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12209

CF/

2003-11098 Apostolia Lisa Patsis, appellant, v Vassilios Basil Patsis, et al., respondents. (Index No. 200912/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated November 12, 2003.

Upon the stipulation of the parties, dated May 13, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12210

CF/

2003-11408 Apostolia Lisa Patsis, appellant, v Vassilios Basil Patsis, et al., respondents. (Index No. 200912/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Nassau County, dated November 26, 2003.

Upon the stipulation of the parties, dated May 13, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12218

CF/

2003-10768 Stephanie Perell, respondent, v Clifford Krause, appellant. (Index No. 5586/98)

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 November 12, 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

M12196

C/sl

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-07945 Republic Franklin Insurance Company, etc., appellant, v Michael Pistilli, etc., et al., respondents. (Index No. 23118/02)

DECISION & ORDER ON MOTION

Motion by the respondents Michael Pistilli, Anthony Pistilli, and Joseph Pistilli to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated June 23, 2003, insofar as asserted against them and to strike the appellant's brief on the ground that it raises issues not properly before this court. Cross motion by the respondent Nationwide Mutual Insurance Company, in effect, to dismiss the appeal insofar as asserted against it.

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 motion and cross motion are granted, and the appeal insofar as asserted against the movants is dismissed, without costs or disbursements; and it is further,

ORDERED that the appellant's brief is stricken; and it is further,

ORDERED that on or before June 18, 2004, the appellant shall serve and file a replacement brief which only raises the issue of whether the Supreme Court properly dismissed its claim for indemnification against Newbridge Coverage Corporation.

GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12228

J/sl

2003-08205 Glenn Sibbers, appellant, v All Weather Tire, et al., respondents. (Index No. 10099/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 4, 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

M12226

CF/

2004-02492 South Country Adult Home, et al., respondents, v Kenneth Gaul, et al., appellants. (Index No. 3604/04)

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 March 16, 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

M12227

CF/

2004-00515 TPL Corp., appellant-respondent, v Bernadette Realty Company, et al., respondents-appellants. (Index No. 12940/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 16, 2003.

Upon the papers filed in support of the application and no papers having been filed in opposition 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

M12261

C/sl

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-04437 Jose Tinizhanay, respondent, v Winfat Realty, Inc., appellant, et al., defendants. (Index No. 16377/01)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered May 6, 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.

GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12220

CF/

2003-10963 Harold Weston, appellant, v Mohammed Khokhar, et al., respondents. (Index No. 25018/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 20, 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

M12229

CF/

2003-11340 Keir Williams, et al., respondents, v Jean Jacques Abitbol, appellant. (Index No. 4657/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an amended judgment of the Supreme Court, Suffolk County, entered October 27, 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

M12248

E/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-04255 Rose Marie Zabbia, et al., plaintiffs-respondents v Westwood, LLC, et al., defendants third-party plaintiffs-respondents, W & S Associates, L.P., et al., defendants third-party plaintiffs-appellants-respondents, Funch Associates, Inc., etc., defendant-respondent; Control Building Services, Inc., defendant third-party defendant-respondent-appellant. (Index No. 6141/01)

DECISION & ORDER ON MOTION

Motion by W & S Associates, L.P., and Simon Property Group, Inc., the defendants third-party plaintiffs-appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered May 10, 2004, to stay the trial in the above-entitled action pending hearing and determination of the appeal and cross appeal, and separate motion by Control Building Services, Inc., the defendant third-party defendant-respondent-appellant, to stay all proceedings, including the trial, pending hearing and determination of the appeal and cross appeal.

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

ORDERED that the motion of W & S Associates, L.P., and Simon Property Group, Inc., and that branch of the motion of Control Building Services, Inc., which is to stay the trial in the above-entitled action pending hearing and determination of the appeal and cross appeal, are granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before July 7, 2004; and it is further,

 ORDERED that in the event the appeal is not perfected on or before July 7, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the cross motion is otherwise denied.

FLORIO, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12260

S/sl

2004-01731 Georgie Ann Zielinski, a/k/a Georgie Ann McMorris, respondent, v William F. Zielinski, appellant. (Index No. 3625/81)

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, Rockland County, dated February 4, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 13, 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

M12202

M/nal

2003-10476 In the Matter of Gabriel A. (Anonymous), appellant. (Docket No. D-8685/03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Queens County, dated November 13, 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 July 6, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12252

M/nal

2004-03128, 2004-03130 In the Matter of Susan B. (Anonymous). Nassau County Department of Social Services, respondent; Janina B. (Anonymous), appellant. (Docket No. B-90049/01)

SCHEDULING ORDER

Appeals by Janina B. from two orders of the Family Court, Nassau County, both dated March 10, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M12190

M/nal

2004-04774 In the Matter of Ibrahima Barry, appellant, v Fatoumata Bah, respondent. (Docket No. V-3887-04)

SCHEDULING ORDER

Appeal by Ibrahima Barry from an order of the Family Court, Kings County, dated May 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 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

M12200

Y/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-10403 In the Matter of Joseph Brenner, petitioner, v Kenneth A. Davis, etc., respondent.

DECISION & ORDER ON MOTION

Motion by the petitioner, inter alia, to reargue the prior motion by the respondent to dismiss the petition and prior cross motion by the petitioner for an extension of time to properly serve the respondent, which were determined by decision and order of this court dated March 29, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

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

SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12244

A/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

ROBERT W. SCHMIDT

STEVEN W. FISHER, JJ.

2001-10947 In the Matter of Brunetta Clarke, appellant, v Carson Clarke, respondent. (Docket No. O-25751/00)

DECISION & ORDER ON MOTION

Motion by the respondent pro se on an appeal from an order of the Family Court, Kings County, dated November 30, 2001, to hold the appeal in abeyance, and, in effect, to enlarge the time to serve and file a brief.

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

ORDERED that the motion is denied.

SANTUCCI, J.P., S. MILLER, SCHMIDT and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12239

J/sl

2004-00575 In the Matter of Bradley Dost, petitioner, v Brian Wing, et al., respondents. (Index No. 21222/03)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Suffolk County, dated December 10, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 6, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12192

M/nal

2004-04526 In the Matter of Robert L. Farina, respondent, v Jenny McKevitt, appellant. (Docket No. V-02147-01)

SCHEDULING ORDER

Appeal by Jenny McKevitt from an order of the Family Court, Nassau County, dated May 13, 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

M12246

A/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-04433, 2004-04434 In the Matter of Anthony G. (Anonymous). St. Christopher-Ottilie, et al., respondents; Anna M. (Anonymous), appellant. (Docket Nos. B-1880/02, G-11438/04, N 1041/00, V-11441/04, V-11442/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, on appeals from two orders of the Family Court, Kings County, dated April 7, 2004, and May 17, 2004, respectively, to stay all proceedings in the above-entitled matter until the Family Court holds a hearing with respect to the issues of permanency, visitation, and guardianship, and to compel the child to remain in the State of New York pending the holding of the hearing.

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

ORDERED that the motion is denied.

FLORIO, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11980

M/nal

2003-09591, 2004-02530 In the Matter of Katlynn G. (Anonymous). Suffolk County Department of Social Services, respondent; Jeanette M. B. (Anonymous), appellant. (Docket Nos. B-8431/03, N-1783/03)

SCHEDULING ORDER

Appeals by Jeanette M. B. from two orders of the Family Court, Suffolk County, dated September 30, 2003, and February 18, 2004. The appellant's brief was filed in the office of the Clerk of this court on May 26, 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 appeals, 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

M12130

M/nal

2004-04637, 2004-04639, 2004-04785 In the Matter of Whitney H. (Anonymous). Administration for Children's Services, respondent; Denise H. (Anonymous), appellant. In the Matter of Brittany J. (Anonymous). Administration for Children's Services, respondent; Denise H. (Anonymous), appellant. In the Matter of Royesha B. (Anonymous). Administration for Children's Services, respondent; Denise H. (Anonymous), appellant. (Docket Nos. N-13303-01, N-13304-01, N-13305-01

SCHEDULING ORDER

Appeals by Denise H. from three orders of the Family Court, Queens County, all dated April 21, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M12243

J/sl

2003-09159 In the Matter of Anthony LaPine, deceased. Attorney General of the State of New York, appellant; Mary Brault, etc., respondent. (File No. 80643/90)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decree of the Surrogate's Court, Dutchess County, dated September 12, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 21, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12187

M/nal

2004-04667 In the Matter of Damon Licari, respondent, v Cheryl Mulderig, appellant. (Docket No. V-11186-03)

SCHEDULING ORDER

Appeal by Cheryl Mulderig 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

M12201

M/nal

2003-10470 In the Matter of Janay P. (Anonymous), appellant. (Docket No. D-6502/03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Queens County, dated November 19, 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 July 16, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12193

M/nal

2004-04455 In the Matter of Josephine Palm, appellant, v George Palm, respondent. (Docket Nos. V-4643-03, V-4644-03)

SCHEDULING ORDER

Appeal by Josephine Palm from an order of the Family Court, Orange County, dated January 16, 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

M12241

CF/

2003-10583 In the Matter of Christopher Pierro, respondent, v Michael William O'Connor, et al., appellants. (Index No. 5035/03)

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 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

M12199

M/nal

2001-08955 In the Matter of Natalie Pope, appellant, v Jonas Pope, respondent. (Docket No. V7 543/00)

SCHEDULING ORDER

Appeal by Natalie Pope from an order of the Family Court, Westchester County, dated September 19, 2001. The appellant's brief was filed in the office of the Clerk of this court on March 12, 2004. By decision and order on motion dated June 1, 2004, the following attorney was assigned as the law guardian on the appeal:

Henry J. Neale, Jr., Esq.

222 Mamaroneck Avenue

White Plains, New York 10605

(914) 997-7575

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 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

M12184

M/nal

2004-04640 In the Matter of Francisco R. (Anonymous), Jr. Miracle Makers, Inc., et al., petitioners-respondents; Melissa Louisa G. (Anonymous), appellant, et al., respondent-respondent. (Docket No. B-1440-03)

SCHEDULING ORDER

Appeal by Melissa Louisa G. from an order of the Family Court, Queens County, dated April 22, 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

M12125

M/nal

2004-04632 In the Matter of Michael D. D. S. (Anonymous). Kevin W. (Anonymous), appellant. (File No. 43754)

SCHEDULING ORDER

Appeal by Kevin W. from an order of the Surrogate's Court, Nassau County, dated April 26, 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

M12188

M/nal

2004-04671 In the Matter of Katarzyna Sacharczuk, respondent, v Brendon Holder, appellant. (Docket No. F-01169-01)

SCHEDULING ORDER

Appeal by Brendon Holder from an order of the Family Court, Orange County, dated April 29, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

(1) an affidavit or affirmation stating that there are no minutes 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

M12189

M/nal

2004-04638 In the Matter of Suffolk County Department of Social Services, respondent, v Maria Conley, appellant. (Docket No. F-02209-01)

SCHEDULING ORDER

Appeal by Maria Conley from an order of the Family Court, Suffolk County, dated April 26, 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

M2219

Y/sl

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2003-09012 In the Matter of Eleanor H. Swidow, deceased. Susanne M. Henry, appellant; Joseph Kachkowski, respondent, Fleet Bank, respondent-respondent. (File No. 315458)

DECISION & ORDER ON MOTION

Motion by the respondent-respondent to strike the appellant's record and brief on an appeal from an order of the Surrogate's Court, Nassau County, dated August 19, 2003, on the ground that they contain or refer to matter dehors the record, to enlarge the time to serve and file a respondent's brief, and for awards of an attorney's fee and costs.

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

ORDERED that the motion is granted to the extent that on or before June 29, 2004, the appellant shall delete or remove from all copies of (1) the record on file with this court (a) pages 30 through 32, and (b) pages 66 through 76, and (2) the brief on file with this court (a) page five, last full paragraph, sixth sentence, the words "and a Preliminary Conference was held on August 29, 2002," (b) page 10, first full paragraph, the third, fourth, and sixth sentences, and (c) page 15, the entire first full paragraph; and it is further,

ORDERED that the respondent-respondent's time to serve and file a brief is enlarged until July 29, 2004, and the respondent-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the appellant's time to serve and file a reply brief is enlarged until August 16, 2004, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12233

J/sl

2004-01146 In the Matter of Valente Equipment Leasing Corp., petitioner, v Raymond P. Martinez, respondent. (Index No. 15467/03)

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 in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated October 22, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 25, 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

M12270

C/sl

ANITA R. FLORIO, J.P.

SANDRA L. TOWNES

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-01930 In the Matter of Anthony Jerome W. (Anonymous). Episcopal Social Services, respondent; Juliann C. N. (Anonymous), appellant. (Docket No. B-18854/99)

DECISION & ORDER ON MOTION

Appeal by Juliann C.N. from an order of the Family Court, Kings County, dated January 8, 2004. By order to show cause dated April 29, 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 17, 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 17, 2004 (see 22 NYCRR 670.4[5]).

FLORIO, J.P., TOWNES, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12186

M/nal

2004-04646 In the Matter of Brandon W. (Anonymous), appellant. (Docket No. E-05973/03)

SCHEDULING ORDER

Appeal by Brandon W. from an order of the Family Court, Orange County, dated April 27, 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

M12222

CF/

2004-03794 In the Matter of Sharon Wallace-Free, respondent, v New York City Housing Authority, appellant. (Index No. 11336/94)

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 April 20, 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

M12108

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1995-05572 The People, etc., respondent, v Jeremy Armand, a/k/a John Doe, appellant. (Ind. No. 2662/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 6, 1995.

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

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

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12221

S/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2002-03441 The People, etc., respondent, v Anthony Armstead, appellant. (S.C.I. No. 1646/01)

DECISION & ORDER ON APPLICATION

Application by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered April 2, 2002, to withdraw the excessive sentence motion previously filed on behalf of the appellant, and, in effect, to enlarge the time to perfect the appeal.

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 excessive sentence motion is deemed withdrawn; 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.

FLORIO, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12103

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1995-05976 The People, etc., respondent, v Arulrajah Arulanantham, appellant. (Ind. No. 2235/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

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

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

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

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12097

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1995-04860 The People, etc., respondent, v Frank Bello, appellant. (Ind. No. 12083/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered March 15, 1995.

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

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

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12111

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1995-04867 The People, etc., respondent, v David Boney, appellant. (Ind. No. 11599/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered May 11, 1995.

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

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

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12110

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1994-05086 The People, etc., respondent, v Clayton Brown, appellant. (Ind. No. 1100/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered May 26, 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]).

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12256

R/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

1993-08430 The People, etc., respondent, v Eminent Davis, appellant. (Ind. No. 14784/92)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue the respondent's prior motion to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered October 25, 1993, which was determined by decision and order on motion of this court dated May 6, 2004.

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

ORDERED that the motion is granted, and upon reargument, the decision and order on motion of this court dated May 6, 2004, is recalled and vacated; and it is further,

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until September 3, 2004, by causing the original papers constituting the record on 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 a brief on the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12100

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1994-06604 The People, etc., respondent, v Alfred DeSimone, appellant. (Ind. No. 2922/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

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

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

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

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12113

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1995-05576, 1995-05577 The People, etc., respondent, v Darryl Debnam, a/k/a William Debham, appellant. (Ind. Nos. 14623/94, 14943/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned appeals from two judgments of the Supreme Court, Kings County, both rendered May 31, 1995.

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

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

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12106

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1995-01176 The People, etc., respondent, v Joseph Doran, appellant. (Ind. No. 3658/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

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

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

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

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12093

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1995-00654 The People, etc., respondent, v Travis Forbes, appellant. (Ind. No. 7233/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered January 12, 1995.

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

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

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12094

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1995-02999 The People, etc., respondent, v Stacey Fuller, appellant. (Ind. No. 6821/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered March 17, 1995.

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

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

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12156

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-02458 The People, etc., respondent, v Richard Garcia, appellant. (Ind. No. 1791-02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered September 4, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12223

CF/

2003-10533 The People, etc., respondent, v Oren Goodwin, appellant. (Ind. No. 142/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, rendered October 27, 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

M12095

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1995-03464 The People, etc., respondent, v Christopher Hall, appellant. (Ind. No. 7533/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered April 6, 1995.

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

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

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12085

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-10254 The People, etc., respondent, v William Holub, Jr., appellant. (Ind. No. 1225-02)

DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered November 13, 2002, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on January 12, 2004, and the following named attorney was assigned to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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

ORDERED that the motion is granted; previously 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 to prosecute the appeal:

Karl E. Bonheim, Esq.

P.O. Box 145

431 Griffing Avenue

Riverhead, New York 11901

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 pre-sentence 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.

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12081

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-05294 The People, etc., respondent, v Tully Hyman, appellant. (Ind. No. 1787/00)

DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 15, 2002.

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 supplemental pro se brief shall be served and filed on or before July 6, 2004; and it is further,

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

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER

James Edward Pelzer

Clerk of the Court

Appellant's address:

02 A 3058

Five Point Corr. Fac.

State Route 96 - Box 119

Romulus, New York 14541

Appellate Division: Second Judicial Department

M12275

S/sl

PETER B. SKELOS, J.

2004-04728 The People, etc., plaintiff, v Frank LaPetina, defendant. (Ind. No. 540-03)

DECISION & ORDER ON MOTION

Motion by the defendant pursuant to CPL 530.45 to release the defendant on his own recognizance, or, in the alternative, to fix bail after his conviction in the Supreme Court, Queens County, upon a jury verdict, on May 17, 2004. The trial court remanded the defendant pending the imposition of sentence.

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

ORDERED that the motion is granted, the defendant's bail is set by the giving of an insurance company bail bond in the amount of $250,000 or by depositing the same sum as a cash bail alternative; and it is further,

ORDERED that if within 30 days after the imposition of sentence the defendant has not taken an appeal to this court from the judgment of conviction or sentence, the operation of this decision and order on motion shall terminate and the defendant shall surrender himself to the Supreme Court, Queens County, so that execution of the sentence may take place; and it is further,

ORDERED that unless the appeal shall have been brought to argument or submitted to this court within 120 days after the filing of the notice of appeal, or this court shall have extended the operation of this decision and order on motion, this decision and order on motion shall terminate and the defendant shall surrender himself to the Supreme Court, Queens County, so that execution of the sentence may take place; and it is further,

 ORDERED that upon the termination of this stay as provided above, this decision and order on motion shall constitute authorization to any peace officer to arrest and deliver the defendant to the sentencing court for execution of sentence.

PETER B. SKELOS

Associate Justice

Appellate Division: Second Judicial Department

M12096

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1994-05764 The People, etc., respondent, v Michael Labate, appellant. (Ind. No. 4786/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 14, 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]).

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12090

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-01195 The People, etc., respondent, v Robert Liptscher, appellant. (Ind. No. 03-00333)

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

Renewed motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered November 20, 2003, as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

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

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

Ethel P. Ross, Esq.

P.O. Box 347-787

Route 35

Cross River, New York 10580

and it is further,

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

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

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

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M12092

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1995-06903 The People, etc., respondent, v James Martin, appellant. (Ind. No. 14332/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered July 19, 1995.

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

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

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12149

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-02953 The People, etc., respondent, v David McCallum, appellant. (Ind. No. 02-01264)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Westchester County, rendered February 24, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12088

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-04303 The People, etc., respondent, v Gabriel Morales, appellant. (Ind. No. 03-00406)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered March 30, 2004, as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

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

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

Ronnie J. Ritz, Esq.

P.O. Box 115

Shrub Oak, New York 10588

and it is further,

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

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

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

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M12091

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1995-06901 The People, etc., respondent, v Stanley Oxford, appellant. (Ind. No. 5011/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered July 5, 1995.

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

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

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12146

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-02101 The People, etc., respondent, v Ivan Peralta, appellant. (Ind. No. 01-00231)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered February 18, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12087

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-04178 The People, etc., respondent, v Edward Ramos, appellant. (Ind. No. 03-01051)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered April 5, 2004, as a poor person, and for the assignment of counsel.

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

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

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

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

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

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

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

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

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

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

Randall Richards, Esq.

1428 Midland Avenue - Suite 6

Bronxville, New York 10708-6042

and it is further,

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

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

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

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 2160

Orleans Corr. Fac.

35-31 Gaines Basin Road

Albion, New York 14411

Appellate Division: Second Judicial Department

M12083

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-03775 The People, etc., respondent, DECISION & ORDER v Duane E. Ricemason, appellant. of Assignment (Ind. No. 332-02)

ON MOTION Motion Pro se to Relieve Counsel

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered April 10, 2003, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on July 29, 2003, and the following named attorney was assigned to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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

ORDERED that the motion is granted; previously 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 to prosecute the appeal:

Michael S. Bromberg, Esq.

44 Hampton Street

Box 2112

Sag Harbor, New York 11963

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 pre-sentence 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.

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12152

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-03702 The People, etc., respondent, v Alex Rivera, appellant. (Ind. No. 9049/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered September 16, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12205

Y/sl

GLORIA GOLDSTEIN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2004-03979 The People, etc., respondent, v Robert Rivera, appellant. (Ind. No. 313/00)

DECISION & ORDER ON MOTION

Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Richmond County, rendered May 24, 2001, and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied (see CPL 460.30[1]).

GOLDSTEIN, J.P., CRANE, COZIER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12124

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1994-09462 The People, etc., appellant, v James Signoriello, respondent. (Ind. No. 2557-93)

DECISION & ORDER ON MOTION Motion to Withdraw Appeal

Motion by the appellant to withdraw an appeal from an order of the County Court, Suffolk County, dated September 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 deemed withdrawn.

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12128

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-07951 The People, etc., appellant, v Patricia Strebel, respondent. (Ind. No. 1255-03)

DECISION & ORDER ON MOTION Motion to Withdraw Appeal

Motion by the appellant to withdraw an appeal from an order of the County Court, Suffolk County, dated August 7, 2003.

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 deemed withdrawn.

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12119

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1996-04929 The People, etc., appellant, v Donald Tendrup, respondent. (Ind. No. 2640-95)

DECISION & ORDER ON MOTION Motion to Withdraw Appeal

Motion by the appellant to withdraw an appeal from an order of the County Court, Suffolk County, dated April 5, 1996.

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 deemed withdrawn.

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12150

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-03371 The People, etc., respondent, v Hugh Anthony Townsend, appellant. (Ind. No. 03-01102)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Westchester County, rendered March 29, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12098

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

1994-02681 The People, etc., respondent, v Ceasar Vargas, appellant. (Ind. No. 11468/92)

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 March 8, 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]).

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12080

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-03718 The People, etc., respondent, v Jerry Walker, appellant. (Ind. No. 4114/02)

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 Supreme Court, Queens County, rendered December 2, 2003.

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

ORDERED that the motion is granted, and 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 Supreme Court, Queens County, rendered December 2, 2003.

GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12216

Y/sl

DAVID S. RITTER, J.P.

SANDRA L. TOWNES

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2003-11091 The People, etc., ex rel. Nehemiah D. Rolle, petitioner, v Superintendent Harold McKinney, et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for leave to reargue his prior application to prosecute the above-entitled proceeding as a poor person, which was denied by decision and order of this court dated February 9, 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, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court