Appellate Division: Second Judicial Department

M12454

CF/

2004-02013 Melissa Anelli, appellant-respondent, v Greyhound Lines, Inc., respondent-appellant. (Index No. 1153/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Richmond County, dated January 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ORDERED that the application is granted and the cross appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12438

R/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-04060 Nathan Blumes, respondent, v Inbar Blumes Madar, s/h/a Inbar Blumes, appellant. (Index No. 48288/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Kings County, dated May 3, 2004, pending hearing and determination of the appeal therefrom and for a preference in the calendaring of the appeal.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., RITTER, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12459

CF/

2004-03550 Haryce Cassell, et al., appellants, v Paul Chakrian, et al., respondents. (Index No. 23203/97)

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 February 27, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M12458

J/sl

2003-10816 Richard Gallo, et al., respondents, v Otis Elevator Company, et al., defendants, Ace Elevator Co., Inc. s/h/a Ace Elevator, appellant. (Index No. 28321/00)

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, Queens County, dated October 15, 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

M12447

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-02260, 2003-08645 Gang Liang Guo, respondent, v Abdo Shaybane, et al., defendants, U-Haul Company of Texas, Inc., appellant. (Index No. 3526/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated February 4, 2003, and September 3, 2003, respectively, and for a preference in the calendaring of the appeals.

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

ORDERED that the branch of the motion which is for a stay is granted and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the branch of the motion which is for a preference is denied as academic as the appeal was submitted on June 9, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12477

O/sl

FRED T. SANTUCCI, J.P.

ROBERT W. SCHMIDT

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-11264, 2004-00522 Floretta Green, respondent, v Joseph N. Green, appellant. (Index No. 14792/89)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of a judgment of the Supreme Court, Westchester County, dated March 24, 1998, pending hearing and determination of appeals from two orders of the same court, entered December 10, 2003, and January 13, 2004, respectively.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12457

CF/

2004-03314 Anthony Guida, et al., respondents, v A.B.C. Tank Repair & Lining, Inc., a/k/a Tank A Lot, appellant. (Index No. 34763/00)

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 March 29, 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

M12462

J/sl

2003-10685 Angelo Haligiannis, appellant, v Bristol-Halsey, Inc., et al., respondents. (Index No. 20104/00)

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, Nassau County, entered October 9, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 26, 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

M12413

M/nal

2004-02327 Niveen Hanna, respondent, v Magdy Hanna, appellant. (Index No. 5541/01)

SCHEDULING ORDER

Appeal by Magdy Hanna from a judgment of the Supreme Court, Richmond County, dated December 11, 2003. By decision and order of this court dated June 3, 2004 the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Supreme 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 Supreme Court proceeding to be transcribed for the appeal; or

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

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

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 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

Appellate Division: Second Judicial Department

M12506

O/sl

ANITA R. FLORIO, J.P.

SANDRA L. TOWNES

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-07928, 2004-01174 Andrea Jacobs, et al., respondents-appellants, v Macy's East, Inc., et al., appellants-respondents. (Index No. 17283/96)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated July 28, 2003, and an appeal from an order of the same court dated, October 3, 2003, inter alia, to dismiss the appeal from the order dated October 3, 2003, on the ground that no appeal lies from an order denying reargument, to strike portions of the joint record on appeal, and to enlarge the time to serve and file their answering brief.

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

ORDERED that the branch of the motion which is to enlarge the time to serve and file an answering brief is granted; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before July 12, 2004 (see 22 NYCRR 670.8[c][3]); 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 dismiss the appeal from the order dated October 3, 2003, on the ground that no appeal lies from an order denying reargument is denied without prejudice to raising the issue in the respondents-appellants' brief; and it is further,

 ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12482

Y/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2003-02257 Katina, Inc., et al., appellants, v Town of Hempstead, et al., respondents. (Index No. 31967/98)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Nassau County, entered January 27, 2003.

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

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

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

PRUDENTI, P.J., RITTER, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12463

J/sl

2003-10972 Kleet Lumber Co., Inc., respondent, v Saw Horse Remodelers, Inc., et al., defendants, Daniel L. Sater, appellant. (Index No. 4286/97)

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 November 12, 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

M12464

J/sl

2003-10657 Renee Lauriguet, et al., appellants, v Town of Riverhead, et al., respondents. (Index No. 31404/00)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated October 8, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 6, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12450

M/nal

2004-03465 Asthma Ali Masoud, respondent, v Kamal Ali, appellant. (Index No. 9783-03)

ORDER TO SHOW CAUSE

Appeal by Kamal Ali from an order of the Supreme Court, Suffolk County, dated March 8, 2004. By scheduling order dated April 28, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated April 28, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 6, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11688

S/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

SONDRA MILLER

DANIEL F. LUCIANO, JJ.

2001-07484, 2001-07486, 2001-07487, 2001-07488, 2001-07489, 2002-01777 Michael Miele, etc., et al., appellants, v American Tobacco Company, et al., respondents, et al., defendants. (Index No. 19125/97)

DECISION & ORDER ON MOTION

Motion by the respondents Lorillard Tobacco Company, R.J. Reynolds Tobacco Company, and Brown & Williamson Tobacco Company, individually, and as successor by merger to the American Tobacco Company, for leave to reargue appeals from six orders of the Supreme Court, Nassau County, all dated June 29, 2001, which were determined by decision and order of this court dated December 29, 2003, and separate motion by the same respondents for leave to appeal to the Court of Appeals from the decision and order of this court dated December 29, 2003. Motion by the respondent Philip Morris USA, Inc., to recall and vacate the decision and order of this court dated December 29, 2003, on the ground that the plaintiff, Daniel Miele, died during the pendency of the appeal. By decision and order on motion dated March 4, 2004, the motions were held in abeyance pending substitution of a representative for the now deceased plaintiff pursuant to CPLR 1015(a). Motion by the appellant to substitute Michael Miele, as Administrator of the Estate of Joanne Miele, for the deceased plaintiff Joanne Miele, and Daniel Miele, Jr., as Executor of the Estate of Daniel N. Miele, for the deceased plaintiff Daniel N. Miele, and to amend the caption accordingly nunc pro tunc.

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

ORDERED that the motion by the appellant to substitute Michael Miele, as Administrator of the Estate of Joanne Miele, for the deceased plaintiff Joanne Miele, and Daniel Miele, Jr., as Executor of the Estate of Daniel N. Miele, for the deceased plaintiff Daniel N. Miele, and to amend the caption accordingly nunc pro tunc, is granted and Michael Miele, as Administrator of the Estate of Joanne Miele, is substituted for the deceased plaintiff Joanne Miele, and Daniel Miele, Jr., as Executor of the Estate of Daniel N. Miele, is substituted for the deceased plaintiff Daniel N. Miele, and the caption is amended accordingly nunc pro tunc; and it is further,

ORDERED that the motion to recall and vacate the decision and order of this court dated December 29, 2003, is denied; and it is further,

ORDERED that on or before June 24, 2004, the appellants if they be so advised shall serve and file opposition papers to the motions for leave to reargue the appeals or for leave to appeal to the Court of Appeals from the decision and order of this court dated December 29, 2003.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12141

C/sl

ANITA R. FLORIO, J.P.

SANDRA L. TOWNES

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-10238, 2004-03954 NYCTL 1997-1 Trust, etc., plaintiff-respondent, v Gerard T. Goonan, appellant, et al., defendants-respondents. (Index No. 10718/00)

DECISION & ORDER ON MOTION

Motions by the appellant on appeals from a judgment of foreclosure and sale of the Supreme Court, Queens County, dated September 2, 2003, and an order of the same court dated March 20, 2004, (1) to stay the foreclosure sale pending the hearing and determination of the appeals, and (2) to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the appendix on the appeal from the judgment.

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

ORDERED that on the court's own motion, the appeal from the judgment of foreclosure and sale (Appellate Division Docket No. 2003-10238) is dismissed on the ground that the issues raised on that appeal were fully determined on a prior appeal (see NYCTL 1997-1 Trust v Goonan, 307 AD2d 341): and it is further,

ORDERED that the motion to stay the foreclosure sale is denied; and it is further,

 ORDERED that the motion to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the appendix on the appeal from the judgment is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12460

CF/

2003-11462 Myrna Pabroada, plaintiff-respondent, v Orlanda Alonso, defendant, Mukta M. Ahmed, appellant. (Index No. 23385/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 29, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12474

G/S/nl

FRED T. SANTUCCI, J.P.

MYRIAM J. ALTMAN

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2003-01732 Albert J. Perri, etc., plaintiff-appellant-respondent, v Gilbert Johnson Enterprises, Ltd., defendant third-party plaintiff-respondent-appellant, Thomas Schoonmaker, d/b/a Structural Concepts, defendant third-party plaintiff-respondent; RPM Construction Corp., third-party defendant-respondent- appellant. (Index No. 1611/99)

DECISION & ORDER ON MOTION

Appeal by the plaintiff Albert J. Perri, as Administrator of the Estate, Chattels and Credits of Stephen J. Perri, deceased, from an order of the Supreme Court, Putnam County, dated February 7, 2003, and cross appeals by the defendant third-party plaintiff Gilbert Johnson Enterprises, Ltd., the third-party defendant RPM Construction Corp. The appeal was perfected on May 21, 2003. Petrone & Petrone, P.C., filed a brief on behalf of the third-party defendant-respondent-appellant, RPM Construction Corp., on June 25, 2003. By order to show cause dated April 28, 2004, this court directed Petrone and Petrone, P.C., to show cause why an order should not be made striking the brief it filed on behalf of RPM Construction Corp., disqualifying it from representing RPM Construction Corp. on this appeal, directing the insurance carrier of RPM Construction Corp. to provide RPM Construction Corp. with other representation, and granting such further relief as this court may deem appropriate, by filing an affirmation or affidavit on those issues in the office of the Clerk of this court and serving one copy of the same on all parties to the action on or before May 21, 2004. Petrone and Petrone, P.C., has now complied.

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

 ORDERED that the brief filed by Petrone and Petrone, P.C., on behalf of RPM Construction Corp. is stricken , Petrone and Petrone, P.C., is disqualified from representing RPM Construction Corp. on this appeal, and the matter is remitted to the Supreme Court, Putnam County, for substitution of a new attorney to represent RPM Construction Corp. to be paid for by its insurance carrier; and it is further,

ORDERED that no further proceedings shall be taken against RPM Construction Corp., without leave of this court, until 30 days after the substitution of a new attorney to represent it; and it is further,

ORDERED that the time of RPM Construction Corp. to serve and file a new brief is extended until 60 days after the substitution of a new attorney to represent it; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve counsel for the respective parties with a copy of this decision and order on motion by regular mail.

Petrone and Petrone, P.C., has demonstrated a conflict of interest which warrants its disqualification from representing RPM Construction Corp. on this appeal.

SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12475

J/sl

2003-10532 George Quinn, et al., appellants, v Sundale Homes, Inc., et al., respondents. (Index No. 12841/02)

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 an order of the Supreme Court, Richmond County, dated October 1, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until June 21, 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

M12452

J/sl

2003-10229 Rajesh Ramphal, et al., plaintiffs-respondents, v George Zandalasini, et al., defendants third-party plaintiffs-respondents-appellants, Andrew Hendry, et al., defendants third-party plaintiffs-appellants-respondents; Breezy Point Cooperative, Inc., third-party defendant-respondent. (Index No. 13008/97)

ORDER ON APPLICATION

Application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated October 8, 2003.

ORDERED that the application is granted and the time of the plaintiffs-respondents' to serve and file a brief is enlarged until June 28, 2004, and the plaintiffs-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

M12443

R/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-01122 Michael Reyz, etc., et al., plaintiffs-respondents, v Igor Khelemsky, etc., defendant-respondent, Boris Khorets, etc., appellant. (Index No. 3176/02)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Kings County, dated January 8, 2004.

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

ORDERED that the motion is denied.

SANTUCCI, J.P., GOLDSTEIN, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11495

S/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2004-03456 In the Matter of Stuart D. Baker, et al., appellants, v Patrick A. Heaney, etc., et al., respondents. (Matter No. 1) (Index No. 23873/03) 2004-03856 In the Matter of Stuart D. Baker, et al., petitioners, v Patrick Heaney, etc., et al., respondents. (Matter No. 2) (Index No. 10919/04)

DECISION & ORDER ON MOTION

Motion by Stuart D. Baker and Daniel Breen for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated April 29, 2004, in Matter No. 2 and to enjoin the respondents from considering, conducting a hearing on, or taking any action with respect to the petition for the incorporation of the proposed Village of Sagaponack or any other petition which proposes to incorporate a part of the territory of the proposed Village of Dunehampton pending the hearing and determination of the appeal from the order dated April 29, 2004, and an appeal from an order of the same court dated March 29, 2004, in Matter No. 1.

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

ORDERED that on the court's own motion, the notice of appeal from the order dated March 29, 2004, is treated as an application for leave to appeal from that order and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the branch of the motion which is to enjoin the respondents from considering, conducting a hearing on, or taking any action with respect to the petition for the incorporation of the proposed Village of Sagaponack or any other petition which proposes to incorporate a part of the territory of the proposed Village of Dunehampton pending hearing and determination of the appeals, is granted to the extent that, pending hearing and determination of the appeal pending under Appellate Division Docket No. 2004-03456, the respondents are enjoined from considering, conducting a hearing on, or taking any action with respect to the petition for the incorporation of the proposed Village of Sagaponack or any other petition which proposes to incorporate a part of the territory of the proposed Village of Dunehampton on condition that the appellants perfect the appeal pending under Appellate Division Docket No. 2004-03456 on or before July 31, 2004, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal pending under Appellate Division Docket No. 2004-03456 is not perfected on or before July 31, 2004, the court, on its own motion, may vacate the injunction, or the respondents may move to vacate the injunction, on three days notice; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the order dated April 29, 2004, in Matter No. 2, is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12441

M/nal

2004-02248 In the Matter of Susan Baltrus, respondent, v Matt Baltrus, appellant. (Docket No. F-16962-02)

SCHEDULING ORDER

Appeal by Matt Baltrus from an order of the Family Court, Nassau County, dated February 6, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 2, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12449

M/nal

2003-11465 In the Matter of Suzie Blackstock, respondent, v Ryan Foster, appellant. (Docket No. F-01916/03)

ORDER TO SHOW CAUSE

Appeal by Ryan Foster from an order of the Family Court, Kings County, dated October 14, 2003. By decision and order on motion dated March 25, 2004, the appellant was given until May 26, 2004, to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal. The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the decision and order on motion dated March 25, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 6, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11817

M/nal

2004-02353 In the Matter of Sean Campbell, respondent, v Cherisa Campbell, appellant. (Docket Nos. V-3827-03, V-3828-03)

SCHEDULING ORDER

Appeal by Cherisa Campbell from an order of the Family Court, Orange County, dated February 20, 2004. The appellant's brief was filed in the office of the Clerk of this court on May 18, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12419

M/nal

2003-08307 In the Matter of Kristine Carlson, respondent, v Kenneth C. Carlson, appellant. (Docket No. F-538/00)

ORDER TO SHOW CAUSE

Appeal by Kenneth C. Carlson from an order of the Family Court, Westchester County, dated August 22, 2003. By scheduling order dated May 14, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 14, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 6, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12445

M/nal

2003-08091 In the Matter of Mary Carroll, respondent, v Ron Scott, appellant. (Docket No. F-05459/02)

SCHEDULING ORDER

Appeal by Ron Scott from an order of the Family Court, Queens County, dated August 26, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 27, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12437

R/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2003-09672 In the Matter of Delaurie Associates, petitioner, v Raymond Martinez, etc., respondent. (Index No. 15439/03)

DECISION & ORDER ON MOTION Enlarge Time - Proceeding

Motion by the petitioner to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Queens County, dated October 24, 2003.

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

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

ORDERED that the petitioner's time to perfect the proceeding is enlarged until July 26, 2004, and the petitioner's record or appendix and brief must be served and filed on or before that date.

PRUDENTI, P.J., RITTER, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12376

M/nal

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)

SCHEDULING ORDER

Appeals by Anna M. from two orders of the Family Court, Kings County, dated April 7, 2004, and May 17, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that 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 appeals; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12380

M/nal

2004-04861 In the Matter of Raina G. (Anonymous), appellant. (Docket No. D-538-04)

SCHEDULING ORDER

Appeal by Raina G. from an order of the Family Court, Queens County, dated May 25, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled 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

M12446

M/nal

2003-05528, 2003-05552 In the Matter of Felicia A. Henry, appellant, v Andrew A. Skratt, respondent. (Docket No. O-14090-03)

SCHEDULING ORDER

Appeals by Felicia A. Henry from two orders of the Family Court, Kings County, dated May 20, 2003, and June 3, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on May 28, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M12409

M/nal

2003-11467 In the Matter of Diana Jaramillo, respondent, v Jose Correa, appellant. (Docket No. P-2200/03)

ORDER TO SHOW CAUSE

Appeal by Jose Correa from an order of the Family Court, Kings County, dated November 28, 2003. By scheduling order dated February 27, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated February 27, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 7, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12379

M/nal

2004-04873, 2004-04877 In the Matter of Nicholas Francis K. (Anonymous). Westchester Department of Social Services, respondent; Edward K. (Anonymous), appellant. In the Matter of Tabitha Jillian K. (Anonymous). Westchester Department of Social Services, respondent; Edward K. (Anonymous), appellant. (Docket Nos. B-9332-03, B-9333-03)

SCHEDULING ORDER

Appeals by Edward K. from two orders of the Family Court, Westchester County, both dated March 29, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the 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

M11189

M/nal

2004-02297 In the Matter of Eileen M. Keenan, respondent, v James E. Keenan, Jr., appellant. (Docket No. F-919-01)

ORDER TO SHOW CAUSE

Appeal by James E. Keenan, Jr., from an order of the Family Court, Nassau County, dated March 8, 2004. By decision and order of this court dated March 30, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied, with leave to renew on or before April 30, 2004. The motion for leave to prosecute the appeal as a poor person has not been renewed. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 6, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12502

E/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-02527 In the Matter of Kelly M. King-Smith, respondent, v James E. Smith, appellant. (Docket No. O-19626-03)

DECISION & ORDER ON MOTION

Appeal by James E. Smith from an order of the Family Court, Suffolk County, dated February 20, 2004. By order to show cause dated May 14, 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 April 2, 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 April 2, 2004 (see 22 NYCRR 670.4[5]).

SANTUCCI, J.P., GOLDSTEIN, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12412

M/nal

2003-09820, 2003-10803, 2003-10806 In the Matter of Tatyana Kondratyeva, respondent, v Joseph L. Yapi, appellant. (Docket Nos. F-04378/02, V-11281/02, O-12781/02)

SCHEDULING ORDER

Appeals by Joseph L. Yapi from three orders of the Family Court, Kings County, one dated September 25, 2003, and two dated October 22, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on June 7, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12411

M/nal

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

SCHEDULING ORDER

Appeal by Suffolk County Department of Social Services from an order of the Family Court, Suffolk County, dated December 23, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 1, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent and the law guardian to serve and file a their briefs on the appeal is enlarged until July 6, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12433

M/nal

2004-03346, 2004-03370, 2004-03372, 2004-03374 In the Matter of Jeremiah M. (Anonymous). Family Support Systems Unlimited, Inc., et al., respondents; Lashawn R. (Anonymous), appellant. In the Matter of Linda Yolanda B. (Anonymous). Family Support Systems Unlimited, Inc., et al., respondents; Lashawn R. (Anonymous), appellant. In the Matter of Darien Jermaine M. (Anonymous). Family Support Systems Unlimited, Inc., et al., respondents; Lashawn R. (Anonymous), appellant. In the Matter of Dashawna R. (Anonymous). Family Support Systems Unlimited, Inc., et al., respondents; Lashawn R. (Anonymous), appellant. (Docket Nos. B-17119-03, B-15875-02, B-15876-02, B-15877-02)

SCHEDULING ORDER

Appeals by Lashawn R. from four orders of the Family Court, Queens County, all dated March 10, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals 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 briefs on the appeals is enlarged until July 16, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12381

M/nal

2004-04842 In the Matter of Yevgeniya Medovaya, respondent, v Yuriy Medovoy, appellant. (Docket No. F-09304-02)

SCHEDULING ORDER

Appeal by Yuriy Medovoy from an order of the Family Court, Kings County, dated May 7, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12204

M/nal

2004-02595, 2004-02618 In the Matter of John N. (Anonymous), Jr. Administration for Children's Services, respondent; John N. (Anonymous), Sr., et al., appellants. In the Matter of Rahjeen N. (Anonymous). Administration for Children's Services, respondent; John N. (Anonymous), Sr., et al., appellants. In the Matter of Angel N. (Anonymous). Administration for Children's Services, respondent; John N. (Anonymous), Sr., et al., appellants. (Docket Nos. N-25040/02, N-25041/02, N-25042/02)

SCHEDULING ORDER

Appeals by John N., Sr., from two orders of the Family Court, Kings County, both dated March 5, 2004. By decision and order on motion of this court dated May 28, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:

Jeffrey Bluth, Esq.

415 Albermarle Road

Brooklyn, New York 11218

(718) 435-5357

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated May 28, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal 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

M12478

J/sl

2003-10103 In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Kim Foster, et al., respondents. (Index No. 16661/03)

ORDER ON APPLICATION

Application by the respondent Kim Foster pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated October 6, 2003.

ORDERED that the application is granted and the time of the respondent Kim Foster to serve and file a brief is enlarged until July 9, 2004, and that 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

M12415

M/nal

2004-00546 In the Matter of Katherine Oliphant, respondent, v Bryan Oliphant, appellant. (Docket No. F-10331/02)

SCHEDULING ORDER

Appeal by Bryan Oliphant from an order of the Family Court, Westchester County, dated December 9, 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 30, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12501

E/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2004-02529 In the Matter of Francisco Perez, appellant, v Suffolk County Department of Social Services, respondent. (Docket No. V-10-03) In the Matter of Maria Papano, appellant, v Suffolk County Department of Social Services, et al., respondents. (Docket Nos. V-17452-02, V-17453-02, V-17454-02)

DECISION & ORDER ON MOTION

Appeals by Francisco Perez and Maria Papano from an order of the Family Court, Suffolk County, dated March 16, 2004. By order to show cause dated May 14, 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 April 2, 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 April 2, 2004 (see 22 NYCRR 670.4[5]).

SANTUCCI, J.P., GOLDSTEIN, MASTRO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12417

M/nal

2004-02790 In the Matter of Diane Qualliotine, appellant, v Joel I. Posner, respondent. (Docket No. F-05662-02)

ORDER TO SHOW CAUSE

Appeal by Diane Qualliotine from an order of the Family Court, Nassau County, dated February 25, 2004. By scheduling order dated April 15, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated April 15, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 6, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12453

Y/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-06088, 2003-06089 In the Matter of Michelle Quinones, respondent, v Louis Lopez, appellant. (Docket No. V-02368-99)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from two orders of the Family Court, Queens County, both dated June 11, 2003.

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

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

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until July 1, 2004; and it is further,

ORDERED that no further enlargements of time shall be granted.

ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12410

M/nal

2003-06751, 2003-06754, 2003-06755 In the Matter of Elizabeth Susanna R. (Anonymous), a/k/a Elizabeth R. (Anonymous). Saint Dominic's Home/Commissioner of Social Services, respondent; Victor R. (Anonymous), a/k/a Victor Hugo R. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-25036-02) In the Matter of Victor Manuel R. (Anonymous), a/k/a Victor R. (Anonymous). Saint Dominic's Home/Commissioner of Social Services, respondent; Victor R. (Anonymous), a/k/a Victor Hugo R. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-25037-02) In the Matter of Ruben Leonel R. (Anonymous), a/k/a Ruben R. (Anonymous). Saint Dominic's Home/Commissioner of Social Services, respondent; Victor R. (Anonymous), a/k/a Victor Hugo R. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-25038-02)

SCHEDULING ORDER

Appeals by Victor R., a/k/a Victor Hugo R. from three orders of the Family Court, Kings County, all dated June 23, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 7, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M12455

E/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-02593 In the Matter of Michael Angel R. (Anonymous). Salvation Army, respondent; Rosella Ellen R. (Anonymous), appellant. (Docket No. B-16480/01)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated January 23, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order on motion upon the appellant on or before June 28, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

 ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before July 28, 2004, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

SANTUCCI, J.P., GOLDSTEIN, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12377

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 scheduling order in the above-entitled proceeding dated June 4, 2004, is amended by deleting all references to the Supreme Court, and substituting therefore the words "Surrogate's Court."

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12440

M/nal

2004-01620 In the Matter of Shaheim S. (Anonymous), appellant. (Docket No. D-03278/02)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Kings County, dated February 4, 2004. By decision and order on motion of this court dated June 3, 2004, the following named attorney was assigned to prosecute the appeal:

Karen Morth, Esq.

67 Wall Street - #5720 - 22nd Floor

New York, New York 10005-3101

(212) 804-5720

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12465

J/sl

2004-02031 In the Matter of Sprint Recycling, Inc., petitioner, v Raymond Martinez, respondent. (Index No. 29031/03)

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, Queens County, dated November 7, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 8, 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

M12416

M/nal

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

SCHEDULING ORDER

Appeal by Eon A. from an order of the Family Court, Kings County, dated August 11, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 1, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12448

M/nal

2003-05780 In the Matter of Marion Wells, appellant, v David Smith, respondent. (Docket No. V-00794-98)

SCHEDULING ORDER

Appeal by Marion Wells from an order of the Family Court, Dutchess County, dated June 9, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 28, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12418

M/nal

2004-03019 In the Matter of Westchester County Department of Social Services, o/b/o Lisa A. Sammons, respondent, v Gregory Andrew Mordas, appellant. (Docket No. F-04772-03)

ORDER TO SHOW CAUSE

Appeal by Gregory Andrew Mordas from an order of the Family Court, Westchester County, dated March 24, 2004. By scheduling order dated April 21, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated April 21, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 6, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12461

CF/

2004-01824 In the Matter of Michael Zapken, respondent, v Mary Marshall, appellant. (Docket No. V-2749-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Richmond County, dated January 21, 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

M12389

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

BARRY A. COZIER

PETER B. SKELOS, JJ.

1994-01550 The People, etc., respondent, v Josiah Hibbert, a/k/a Mark Willis, appellant. (Ind. No. 2153/93)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

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

PRUDENTI, P.J., RITTER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12390

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

BARRY A. COZIER

PETER B. SKELOS, JJ.

1994-01187 The People, etc., respondent, v Lamar Hodge, appellant. (Ind. No. 8579/93)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered January 13, 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]).

PRUDENTI, P.J., RITTER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12388

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

BARRY A. COZIER

PETER B. SKELOS, JJ.

1994-02697 The People, etc., respondent, v Eric Irizarry, appellant. (Ind. No. 4395/93)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered March 2, 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]).

PRUDENTI, P.J., RITTER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12470

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

BARRY A. COZIER

PETER B. SKELOS, JJ.

1995-04786 The People, etc., respondent, v Charles Leggett, appellant. (Ind. No. 13266/94)

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 27, 1995.

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

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

PRUDENTI, P.J., RITTER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12121

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2001-02206 The People, etc., appellant, v Robert Love, Jr., respondent. (Ind. No. 1886-00)

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 February 8, 2001.

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

M12127

F/

GLORIA GOLDSTEIN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2001-02207 The People, etc., appellant, v Matrecia Madison, respondent. (Ind. No. 1886-00)

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 February 8, 2001.

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

M12456

J/sl

2002-05698 The People, etc., respondent, v Peter McGrath, appellant. (Ind. No. 01-00548)

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 judgment of the County Court, Orange County, rendered June 20, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 21, 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

M12398

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2002-04912 The People, etc., respondent, v Josiah McTier, appellant. (Ind. No. 3236/01)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 14, 2002 .

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

ORDERED that the motion is denied.

PRUDENTI, P.J., RITTER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

02 A 2990

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582

Appellate Division: Second Judicial Department

M12468

F/

HOWARD MILLER, J.

2004-02331 The People, etc., plaintiff, v Willis Moore, defendant. (Ind. No. 519/00)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated February 9, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

HOWARD MILLER

Associate Justice

Appellate Division: Second Judicial Department

M12391

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

BARRY A. COZIER

PETER B. SKELOS, JJ.

1994-02696 The People, etc., respondent, v Manuel Rios, appellant. (Ind. No. 10888/93)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

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

PRUDENTI, P.J., RITTER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12392

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

BARRY A. COZIER

PETER B. SKELOS, JJ.

1994-06863 The People, etc., respondent, v Anthony Rodriguez, appellant. (Ind. No. 7451/93)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered July 18, 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]).

PRUDENTI, P.J., RITTER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12393

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

BARRY A. COZIER

PETER B. SKELOS, JJ.

1994-06850 The People, etc., respondent, v Jose Rosario, appellant. (Ind. No. 14597/93)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered July 22, 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]).

PRUDENTI, P.J., RITTER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12399

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2002-10246 The People , etc., respondent, DECISION & ORDER v Patrice Smith, appellant. (Ind. No. 3318/01)

ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 30, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

PRUDENTI, P.J., RITTER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 6048

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Appellate Division: Second Judicial Department

M12487

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-04053 The People, etc., respondent, v Wayne Smith, appellant. (Ind. No. 4978/02)

DECISION & ORDER ON MOTION

Motion by the appellant for the law firm of Chadbourne & Parke, 30 Rockefeller Plaza, New York, New York 10112, having volunteered, without compensation, to be assigned as co-counsel to represent him jointly with, Lynn W. L. Fahey, Esq., Appellate Advocates, 2 Rector Street - 10th Floor, New York, New York 10006, on an appeal from a judgment of the Supreme Court, Kings County, rendered April 28, 2003.

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

ORDERED that the motion is granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court