Appellate Division: Second Judicial Department

M12720

S/nal

2003-03697 James Abenante, et al., respondents, v Star Gas Corporation, etc., appellant. (Index No. 6525/97)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a replacement brief on an appeal from a judgment of the Supreme Court, Orange County, dated March 13, 2003, and separate application by the respondents to enlarge their time to serve and file a brief.

ORDERED that the applications are granted and the appellant's time to serve and file a replacement brief is enlarged until June 21, 2004, and the replacement brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents' shall serve and file their brief on or before July 26, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12743

CF/

2004-00298 Matthew A. Ajayi, et al., respondents, v Poly Prep Country Day School, appellant. (Index No. 43421/00)

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 November 17, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12783

E/nal

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-04989 Patricia Amari, respondent, v Michael Amari, appellant. (Index No. 9976/01)

DECISION & ORDER ON MOTION

Appeal by the defendant from a decision of the Supreme Court, Suffolk County, entered May 20, 2004.

Now, on the court's own motion, it is

ORDERED that on the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12711

C/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2002-11434 Mario Ascoli, appellant, v Thomas Lynch, et al., respondents. (Index No. 5371/96)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated December 15, 2003, which determined an appeal from an order of the Supreme Court, Nassau County, entered October 11, 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., FLORIO, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12802

S/nal

2004-01100 John Babiak, respondent, v Calvary Pentecostal Church, appellant. (Index No. 18087/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an amended judgment of the Supreme Court, Kings County, entered January 21, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 27, 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

M12729

S/nal

2004-01023 Steven Bergman, appellant, v Matthew Fiel, respondent. (Index No. 6016/03)

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 on an appeal from an order of the Supreme Court, Rockland County, dated January 21, 2004.

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

M12676

O/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-04530 George E. Bombard, respondent, v Amica Mutual Insurance Company, appellant. (Index No. 10568/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated April 19, 2004, in effect, to stay, pending hearing and determination of the appeal, so much of the order as directed it to produce to the respondent the following material: (1) Memo of Kelly Dannenberg, dated January 3, 2003; (2) Memo of Kelly Dannenberg, dated January 9, 2003; (3) Memo of John Tardif, dated January 30, 2003; and (4) Memo of William E. Marsh, Jr., dated February 4, 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 so much of the order as directed the appellant to produce to the respondent the following material: (1) Memo of Kelly Dannenberg, dated January 3, 2003; (2) Memo of Kelly Dannenberg, dated January 9, 2003; (3) Memo of John Tardif, dated January 30, 2003; and (4) Memo of William E. Marsh, Jr., dated February 4, 2003, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 16, 2004; and it is further,

 ORDERED that in the event the appeal is not perfected on or before July 16, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RITTER, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12745

CF/

2004-01418 Gregory Capra, appellant, v Lori Capra, respondent. (Index No. 6797/00)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12799

J/nal

2003-10242 Chion Enterprises of Dix Hills, Inc., respondent, v Henrijean, S.A., et al., defendants, Wells Fargo Alarm Services, etc., appellant. (Index No. 17484/97)

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 September 29, 2003.

ORDERED that the application is granted and the appellant's record and brief 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

M12740

CF/

2003-11268 Bart Dapolito, respondent, v New York Schools Insurance Reciprocal, appellant. (Index No. 15280/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated November 7, 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

M12791

J/nal

2004-02357 Joseph DeCandia, respondent, v Randy Calamia, et al., appellants. (Index No. 18386/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated March 2, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 23, 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

M12764

CF/

2004-02224 Kim Diana, respondent, v BAB Radiology, et al., appellants. (Index No. 26303/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Mitchell Kramer to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 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 by Mitchell Kramer is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12766

CF/

2003-10176 Stephen Eldridge, et al., respondents, v Valrose Realty Company, et al., appellants. (Index No. 3190/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Westchester County, dated October 9, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12748

S/nal

2004-00233 Ann M. Gaydos, et al., appellants, v Fred Muhlbauer, a/k/a Frederick W. Muhlbauer, et al., respondents. (Index No. 07433/03)

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 December 2, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 3, 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

M12749

CF/

2004-03160 Mentor Guanlouisa, respondent, v Francisco Alvarez, et al., appellants. (Index No. 27581/02)

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 March 19, 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

M12812

S/sl

2003-11267 Sevgi Gursel, etc., respondent, v Southern Westchester Urology Group, P.C., et al., appellants. (Index No. 18409/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated November 18, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 16, 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

M12719

R/sl

MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-10375 Neddi Heller, et al., appellants, v Middagh Street Associates, respondent. (Index No. 20436/02)

DECISION & ORDER ON MOTION

Motion by the appellant Avis Allman for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated September 27, 2002, which was determined by decision and order of this court dated February 2, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12751

CF/

2004-02516 John Klein, et al., respondents, v Robert Maccone, etc., et al., appellants. (Index No. 19019/02)

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 January 24, 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

M12725

S/nal

2004-00148 Belinda Loadholt, appellant, v New York City Transit Authority, respondent. (Index No. 12157/96)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated October 27, 2003.

ORDERED that the application is granted and the appellant's time to serve and file a brief is enlarged until July 1, 2004, 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

M12732

S/nal

2003-09073 MKC New York, LLC, et al., respondents, v DKM Associates, LLC, et al., appellants. (Index No. 12849/00)

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 August 26, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 14, 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

M12682

R/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-04524 Amos Maimon, appellant, v Estate of Minnie Solomon, etc., et al., respondents. (Index No. 28038/03)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to enjoin the respondents and their agents, including the City Marshal, from taking any further actions to execute the warrant of eviction issued to the City Marshal pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated May 6, 2004, and cross motion by the respondent Estate of Minnie Solomon to dismiss the appeal on the ground that no appeal lies from an order denying a motion for leave to reargue.

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

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

ORDERED that the motion is denied as academic.

RITTER, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12414

M/nal

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

SCHEDULING ORDER

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated February 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 appellant-respondent's time to perfect the appeal by serving and filing the joint record or appendix on appeal and the appellant-respondent's brief on the appeal is enlarged until August 16, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12716

O/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2003-10498 NYCTL-1 Trust, etc., respondent, v Liberty Bay Realty Corp., appellant, et al., defendants. (Index No. 34827/99)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 29, 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; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until July 19, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12776

CF/

2003-10633 Navis Associates, LLC, appellant, v HSBC Bank USA, et al., respondents. (Index No. 7285/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated October 22, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12724

S/nal

2003-11395 Jonathan Perez, etc., respondent, v St. John's Episcopal Hospital, et al., defendants, Interfaith Medical Center, etc., et al., appellants. (Index No. 26675/96)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered December 16, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 23, 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

M12467

K/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

BARRY A. COZIER, JJ.

2003-05918 Gerard L. Petrosino, et al., respondents, v J. A. Bonilla Vasquez, appellant. (Index No. 28985/01)

ORDER TO SHOW CAUSE

The defendant, J. A. Bonilla Vasquez, having appealed to this court from an order of the Supreme Court, Kings County, dated May 23, 2003, and having perfected the appeal on December 5, 2003, responding and reply briefs having been filed on February 6, 2004, and February 13, 2004, respectively, the matter was placed on this court's calendar for April 14, 2004. On April 13, 2004, counsel for the appellant notified this court that the parties had settled the action and that the appellant wished to withdraw the appeal. By letter dated April 14, 2004, counsel for the appellant advised this court, inter alia, that a settlement had been finalized on March 11, 2004. The stipulation of discontinuance of the action attached to the letter was dated February 20, 2004.

Now on the court's own motion, it is

ORDERED that the parties or their counsel are directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate 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 all parties to the action on or before July 9, 2004.

Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).

The Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12769

C/nal

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2004-03670 Marc Quezada, etc., et al., plaintiffs-respondents, v Christopher P. O'Reilly-Green, etc., appellant, St. John's Riverside Hospital, et al., defendants- respondents. (Index No. 721/00)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, entered April 5, 2004, in effect, to amend so much of a decision and order on motion of this court dated May 18, 2004, as conditioned a stay of enforcement of the judgment upon his perfection of the appeal on or before June 21, 2004.

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

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

ORDERED that the decision and order on motion of this court dated May 18, 2004, is amended by deleting from the decretal paragraphs thereof the dated "June 21, 2004," and substituting therefor the dated July 28, 2004."

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12809

Y/nal

THOMAS A. ADAMS, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-04843 Roy Quinn, respondent, v Seth Karpen, et al., defendants; Wallace, Witty, Frampton & Veltry, P.C., nonparty-appellant. (Index No. 28310/02)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated April 28, 2004, pending hearing and determination of an appeal therefrom.

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.

ADAMS, J.P., TOWNES, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12705

C/sl

FRED T. SANTUCCI, J.P.

NANCY E. SMITH

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-10638 Deonarine Ramnarain, respondent, v Chandradat Ramnarain, appellant, et al., defendants. (Index No. 24620/98)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated January 13, 2004, which was determined by decision and order of this court dated May 10, 2004.

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

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

SANTUCCI, J.P., SMITH, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12728

S/nal

2003-08514 Neakolaos Roussos, appellant, v Gina Ciccotto, et al., respondents. (Index No. 23433/01)

ORDER ON APPLICATION

Application by the respondent Prestige Cleaning Company pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated July 31, 2003.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until July 15, 2004, and the movant'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

M12767

O/nal

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

SANDRA L. TOWNES

STEVEN W. FISHER, JJ.

2003-06996 Maciej Sadowski, respondent, v Rip Construction Consultants, Inc., defendant, Houston Essex Realty Corp., et al., appellants. (Index No. 4250/00)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated July 16, 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; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until July 19, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

ALTMAN, J.P., H. MILLER, TOWNES and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12730

S/nal

2004-03234 Ruth Spector, respondent, v Toys "R" Us, Inc., appellant. (Index No. 16479/03)

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 March 22, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before July 1, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12715

C/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-05001 Stoll America Knitting Machinery, Inc., appellant, v Creative Knitwear Corporation, et al., respondents. (Index No. 3607/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered May 9, 2003, which was determined by decision and order of this court dated March 15, 2004.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12806

E/sl

THOMAS A. ADAMS, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2003-06914 U.S. 1 Brookville Real Estate Corp., respondent, v Silvio Spallone, appellant. (Index No. 15228/94)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated July 14, 2003, on the grounds that the appellant failed to include in the record on appeal the transcript of the minutes of a hearing before the referee and that the appellant failed to timely perfect the appeal.

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

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant failed to include in the record on appeal the transcript of the minutes of the hearing before the referee is held in abeyance and the matter is remitted to the Supreme Court, Nassau County, to report on whether the transcript was considered in issuing the order dated July 14, 2003, and that branch of the motion is held in abeyance in the interim; the Supreme Court, Nassau County shall file its report with all convenient speed; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant failed to timely perfect the appeal is denied.

ADAMS, J.P., TOWNES, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12752

CF/

2004-02431 Edward Valentine, et al., respondents, v AN-NIC Corporation, appellant (and a third-party action). (Index No. 27164/97)

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 September 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

M12747

CF/

2004-00917 Vicente Welch, respondent, Alan R. Inwood, appellant. (Index No. 39167/01)

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 December 11, 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

M12763

CF/

2004-03639 Carolyn Welsh, respondent, v Toys "R" Us, Inc., appellant. (Index No. 12102/01)

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 March 24, 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

M12742

CF/

2004-03447 Wine Services, Inc., respondent, v John C. Wynne, appellant. (Index No. 14945/03)

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 March 5, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12698

C/nal

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-10124, 2004-03594 Michele Winograd, et al., plaintiffs, v Neiman Marcus Group, defendant third-party plaintiff- appellant, Simon Property Group, Inc., et al., defendants-respondents; Tony Aversa, d/b/a Aversa Landscaping and Masonary, third-party defendant-respondent. (Index No. 98801/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, entered October 15, 2003, and March 29, 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 granted, and the trial in the above-entitled action is stayed pending the hearing and determination of the appeals.

RITTER, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12800

S/nal

2003-10124, 2004-03594 Michele Winograd, et al., plaintiffs, v Neiman Marcus Group, defendant third-party plaintiff- appellant, Simon Property Group, Inc., et al., defendants-respondents; Tony Aversa, d/b/a Aversa Landscaping & Masonry, third-party defendant-respondent. (Index No. 9880/01)

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 appeals from two orders of the Supreme Court, Westchester County, entered October 15, 2003, and March 29, 2004, respectively.

ORDERED that the application is granted and the reply brief shall be served and filed on or before June 28, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12610

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-11092 In the Matter of Melvin Birns, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Melvin Birns has voluntarily submitted an affidavit dated December 15, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Birns was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 30, 1960. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Birns presently resides in New York, does not practice law, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Melvin Birns, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Melvin Birns is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Melvin Birns is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Melvin Birns has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12580

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00418 In the Matter of Neil J. Brafman, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Neil J. Brafman has voluntarily submitted an affidavit dated January 13, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Brafman was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 12, 1989. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Brafman presently resides in Maryland, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Neil J. Brafman, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Neil J. Brafman is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Neil J. Brafman is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Neil J. Brafman has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12739

CF/

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

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Family Court, Queens County, dated December 24, 2003.

Upon the stipulation of the parties, dated June 2, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12753

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-02515 In the Matter of Kathleen Colbert, respondent, v Thomas J. Conroy, appellant. (Docket No. F-30080-98)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Family Court, Nassau County, dated February 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 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

M12714

M/nal

2004-00882 In the Matter of Arthur L. Coleman, appellant, v Suzanne Coleman, respondent. (Docket No. F-00070/02)

SCHEDULING ORDER

Appeal by Arthur L. Coleman from an order of the Family Court, Westchester County, dated December 30, 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 16, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12606

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00357 In the Matter of Henry D. Crowley, admitted as Henry Donald Crowley, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Henry D. Crowley has voluntarily submitted an affidavit dated January 7, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Crowley was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 19, 1960, under the name Henry Donald Crowley. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Crowley presently resides in Maine, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Henry D. Crowley, admitted as Henry Donald Crowley, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Henry D. Crowley, admitted as Henry Donald Crowley, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Henry D. Crowley, admitted as Henry Donald Crowley, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Henry D. Crowley, admitted as Henry Donald Crowley, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12718

M/nal

2004-02802 In the Matter of Grazyna Czaban, appellant, v Wladyslaw Czaban, respondent. (Docket No. O-02810-00)

SCHEDULING ORDER

Appeal by Grazyna Czaban from an order of the Family Court, Nassau County, dated February 20, 2004. By decision and order of this court dated June 8, 2004, the following attorney was assigned as counsel on the appeal:

Judith Ellen Stone, Esq.

2819 Harbor Road

Merrick, New York 11566

(516) 623-0897

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 8, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.

Appellate Division: Second Judicial Department

M12591

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01179 In the Matter of William Joseph Deeley, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

William Joseph Deeley has voluntarily submitted an affidavit dated January 8, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Deeley was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 16, 1977. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Deeley presently resides in Hawaii, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of William Joseph Deeley, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of William Joseph Deeley is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, William Joseph Deeley is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if William Joseph Deeley has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12572

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00675 In the Matter of Marc H. Dubin, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Marc H. Dubin has voluntarily submitted an affidavit dated January 15, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Dubin was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 13, 1985. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Dubin presently resides in Washington, D.C., does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Marc H. Dubin, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Marc H. Dubin is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Marc H. Dubin is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Marc H. Dubin has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12519

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-00445 In the Matter of Frank H. Frye, admitted as Frank Henry Frye, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Frank H. Frye has voluntarily submitted an affidavit dated January 16, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Frye was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 25, 1978, under the name Frank Henry Frye. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Frye presently resides in Maine, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Frank H. Frye, admitted as Frank Henry Frye, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Frank H. Frye, admitted as Frank Henry Frye, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Frank H. Frye, admitted as Frank Henry Frye, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Frank H. Frye, admitted as Frank Henry Frye, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12561

K/nal

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-00080 In the Matter of Joshua S. Galitzer, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Joshua S. Galitzer has voluntarily submitted an affidavit dated December 31, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Galitzer was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 16, 1961. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Galitzer presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Joshua S. Galitzer, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Joshua S. Galitzer is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Joshua S. Galitzer is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Joshua S. Galitzer has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12586

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00532 In the Matter of Thomas F. Galvin, admitted as Thomas Francis Galvin, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Thomas F. Galvin has voluntarily submitted an affidavit dated January 13, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Galvin was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 24, 1973, under the name Thomas Francis Galvin. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Galvin presently resides in North Carolina, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Thomas F. Galvin, admitted as Thomas Francis Galvin, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Thomas F. Galvin, admitted as Thomas Francis Galvin, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Thomas F. Galvin, admitted as Thomas Francis Galvin, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Thomas F. Galvin, admitted as Thomas Francis Galvin, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12713

M/nal

2003-11382 In the Matter of Sharon Gast, respondent, v Thomas Gast, appellant. (Docket No. V-352/91)

ORDER TO SHOW CAUSE

Appeal by Thomas Gast from an order of the Family Court, Suffolk County, dated December 9, 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 20 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 9, 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

M12518

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00049 In the Matter of Audrey Goldberg, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Audrey Goldberg has voluntarily submitted an affidavit dated December 24, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Goldberg was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 11, 1991. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Goldberg presently resides in Minnesota, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Audrey Goldberg, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Audrey Goldberg is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Audrey Goldberg is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Audrey Goldberg has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12722

C/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-10038 In the Matter of Government Employees Insurance Company, petitioner-respondent, v Dale Burrell, respondent-respondent, State Farm Mutual Automobile Insurance Company, appellant, et al., respondents. (Index No. 8386/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the arbitration of the uninsured motorist claim of the respondent-respondent pending the hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 1, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12710

M/nal

2004-00685 In the Matter of Thomas A. Greco, appellant, v Susan L. Greco, respondent. (Docket No. V-15123-02)

SCHEDULING ORDER

Appeal by Thomas A. Greco from an order of the Family Court, Nassau County, dated December 1, 2003. The transcripts were received on or about December 20, 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

M12709

M/nal

2003-05779, 2004-00618 In the Matter of Malik J. (Anonymous). St. Christopher Ottilie, respondent; Donna F., etc. (Anonymous), appellant. (Proceeding No. 1) In the Matter of "Female" G., etc. (Anonymous). St. Christopher-Ottilie, respondent; Donna F., etc. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-13537-99, B-5103-00)

SCHEDULING ORDER

Appeals by Donna F. from two orders of the Family Court, Queens County, both dated April 22, 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 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 brief on the appeals is enlarged until June 25, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12565

K/nal

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-00283 In the Matter of Saul Karasyk, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Saul Karasyk has voluntarily submitted an affidavit dated December 29, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Karasyk was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 19, 1957. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Karasyk presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Saul Karasyk, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Saul Karasyk is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Saul Karasyk is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Saul Karasyk has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12773

O/nal

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

SANDRA L. TOWNES

STEVEN W. FISHER, JJ.

2004-02774 In the Matter of Charles Linksman, appellant, v Deborah Linksman, respondent. (Docket No. F-5595-03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Family Court, Suffolk County, dated March 9, 2004, to reargue a motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, which was determined by decision and order on motion of this court dated May 4, 2004.

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

ORDERED that the motion is denied.

ALTMAN, J.P., H. MILLER, TOWNES and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12708

C/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-04136 In the Matter of Chaim M. (Anonymous). Administration for Children Services, respondent; Avner M. (Anonymous), appellant. (Docket No. B-18280-03) In the Matter of Malka T. (Anonymous). Administration for Children's Services, respondent; Avner M. (Anonymous), appellant. (Docket No. B-18281-03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated March 25, 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 opposition or relation thereto, it is

ORDERED that on the court's own motion, the appeal is dismissed on the ground that the order is not appealable as of right (see Family Ct Act § 1112[a]; Matter of Sheldon D.G., 6 AD3d 613), and we decline to grant leave to appeal.

RITTER, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12723

O/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-03612 In the Matter of Mamaroneck Beach & Yacht Club, Inc., respondent, v Larry Fraioli, et al., appellants, Shore Acres Property Owners Association, nonparty-respondent. (Index No. 5565/04)

DECISION & ORDER ON MOTION

Motion by the respondent to vacate an automatic stay pursuant to CPLR 5519 on an appeal from an order of the Supreme Court, Westchester County, entered April 21, 2004, and cross motion by Shore Acres Property Owners Association for leave to intervene as a respondent in the above-entitled appeal.

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

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

ORDERED that the cross motion is granted, and the caption has been amended accordingly.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12804

O/sl

THOMAS A. ADAMS, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-04893, 2004-04895 In the Matter of Michael Mantila, respondent, v Jennifer Mantila, appellant. (Docket No. V-3567-03)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for leave to appeal to this court from a writ of habeas corpus of the Family Court, Orange County, dated March 30, 2004, and a decision of the same court dated May 28, 2004, and to stay so much of the decision as directed the appellant to relocate with the parties' child to New York State within 30 days.

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 decision is deemed to be a premature notice of appeal from an order of the same court dated June 14, 2004 (see CPLR 5520[c]); and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the decision is denied as academic; and it is further,

ORDERED that the motion is otherwise denied in all respects.

ADAMS, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12712

M/nal

2003-11089 In the Matter of John Meyers, appellant, v Wendy Beiner, respondent. (Docket No. F-00484/99)

ORDER TO SHOW CAUSE

Appeal by John Meyers from an order of the Family Court, Suffolk County, entered November 24, 2003. By scheduling order dated May 7, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 20 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 7, 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

M11976

M/nal

2004-03324 In the Matter of Thomas O'Connor, appellant- respondent, v Lisa Dyer, respondent-appellant. (Docket Nos. V-473-03, V-474-03)

SCHEDULING ORDER

Appeal and cross appeal from an order of the Family Court, Dutchess County, dated March 12, 2004. By decision and order on motion of this court dated May 25, 2004, the motion by the appellant-respondent to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to represent the appellant-respondent on the appeal:

Arza Feldman, Esq.

300 Rabro Drive

Hauppauge, New York 11788

(631) 272-5207

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated May 25, 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

M12684

R/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

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

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Appeal by Larre O. from an order of the Family Court, Suffolk County, dated February 23, 2004. By order to show cause dated May 20, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with a scheduling order dated March 31, 2004 issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the motion to dismiss the appeal is denied on condition that on or before July 16, 2004, the appellant either perfect the appeal, or move for leave to prosecute the appeal as a poor person.

RITTER, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12574

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00444 In the Matter of Linda M. Ochsenfeld, admitted as Linda Marie Vodar, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Linda M. Ochsenfeld has voluntarily submitted an affidavit dated January 16, 2004, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Ochsenfeld was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 18, 1979, under the name Linda Maria Vodar. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Ochsenfeld presently resides in Illinois, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Linda M. Ochsenfeld, admitted as Linda Marie Vodar, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Linda M. Ochsenfeld, admitted as Linda Marie Vodar, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Linda M. Ochsenfeld, admitted as Linda Marie Vodar, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Linda M. Ochsenfeld, admitted as Linda Marie Vodar, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12609

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10999 In the Matter of Lawrence Colman Pilcher, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Lawrence Colman Pilcher has voluntarily submitted an affidavit dated December 12, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Pilcher was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 8, 1975. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Pilcher presently resides in Connecticut, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Lawrence Colman Pilcher, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Lawrence Colman Pilcher is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Lawrence Colman Pilcher is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Lawrence Colman Pilcher has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12576

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00446 In the Matter of Ronit Pinchuck, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Ronit Pinchuck has voluntarily submitted an affidavit dated January 14, 2004, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Pinchuck was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 19, 1992. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Pinchuck presently resides in Pennsylvania, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Ronit Pinchuck, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Ronit Pinchuck is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Ronit Pinchuck is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Ronit Pinchuck has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12660

M/nal

2004-00829 In the Matter of Lina Catalina R. (Anonymous). Suffolk County Department of Social Services, respondent; Leonaldo R. (Anonymous), appellant. (Docket Nos. B-2959/03, B-2960/03)

SCHEDULING ORDER

Appeal by Leonaldo R. from an order of the Family Court, Suffolk County, dated January 22, 2004. By decision and order on motion of this court dated June 7, 2004, the following named attorney was assigned to prosecute the appeal:

Janessa Trotto, Esq.

49 Main Street - Suite 2

Sayville, New York 11782

(631) 897-3410

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 7, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12596

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00466 In the Matter of Jerome J. Remer, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Jerome J. Remer has voluntarily submitted an affidavit dated January 14, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Remer was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 26, 1958. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Remer presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Jerome J. Remer, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Jerome J. Remer is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Jerome J. Remer is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Jerome J. Remer has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12681

R/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-05451 In the Matter of Maria Ronis, respondent, v Victor Organjanov, appellant. (Docket No. F-5554-00)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated May 21, 2003, to enlarge the record on 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12721

M/nal

2003-11435 In the Matter of Rahmel S. (Anonymous). (Docket No. D-11884/03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Kings County, dated December 2, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 15, 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

M12771

CF/

2003-11311 In the Matter of Sabrina S. (Anonymous). Administration for Children's Services, appellant; Elena N. (Anonymous), et al., respondents. (Docket No. N-20221-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated December 23, 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

M12770

CF/

2003-10401 In the Matter of Sabrina S. (Anonymous). Administration for Children's Services, appellant; Elena N. (Anonymous), et al. respondents. (Docket No. N-20221-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated November 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

M12557

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-00677 In the Matter of Marshall Howard Silverberg, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Marshall Howard Silverberg has voluntarily submitted an affidavit dated January 21, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Silverberg was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 25, 1984. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Silverberg presently resides in Hawaii, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Marshall Howard Silverberg, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Marshall Howard Silverberg is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Marshall Howard Silverberg is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Marshall Howard Silverberg has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11523

M/nal

2003-09155 In the Matter of Khierk T. (Anonymous). Child Development Support Corporation, respondent; Nabila T. (Anonymous), et al., appellants. (Docket No. B-3548/02)

SCHEDULING ORDER

Appeals by Macee P. and Nabila T. from an order of the Family Court, Queens County, dated August 29, 2003. The brief of the appellant Nabila T. was filed in the office of the Clerk of this court on May 6, 2004, and the brief of the appellant Macee P. Was filed on June 14, 2004 . Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M12567

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00419 In the Matter of John F. Todd, admitted as John Franklin Todd, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

John F. Todd has voluntarily submitted an affidavit dated January 13, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Todd was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 18, 1985, under the name John Franklin Todd. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Todd presently resides in Maine, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of John F. Todd, admitted as John Franklin Todd, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of John F. Todd, admitted as John Franklin Todd, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, John F. Todd, admitted as John Franklin Todd, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if John F. Todd, admitted as John Franklin Todd, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12777

E/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-03227 In the Matter of Amaury Villalobos, appellant, v Edwin Felician, etc., et al., respondents. (Index No. 2751/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated November 5, 2003, as a poor person.

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

ORDERED that the motion 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 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.

RITTER, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11972

M/nal

2004-03525 In the Matter of Yvette W. (Anonymous), respondent, v Simmons G. (Anonymous), appellant. (Docket No. P-1992-01)

SCHEDULING ORDER

Appeal by Simmons G. from an order of the Family Court, Kings County, dated March 31, 2004. By decision and order of this court dated May 25, 2004, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

ORDERED that within 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 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

M12608

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-11274 In the Matter of Michael Gerald West, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Michael Gerald West has voluntarily submitted an affidavit dated December 12, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. West was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 14, 1970. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. West presently resides in Massachusetts, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Michael Gerald West, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Michael Gerald West is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Michael Gerald West is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Michael Gerald West has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12613

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-11001 In the Matter of Alvin Warren Wilkinson, admitted as Alvin W. Wilkinson, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Alvin Warren Wilkinson has voluntarily submitted an affidavit dated December 11, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Wilkinson was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 28, 1944, under the name Alvin W. Wilkinson. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Wilkinson presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Alvin Warren Wilkinson, admitted as Alvin W. Wilkinson, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Alvin Warren Wilkinson, admitted as Alvin W. Wilkinson, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Alvin Warren Wilkinson, admitted as Alvin W. Wilkinson, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Alvin Warren Wilkinson, admitted as Alvin W. Wilkinson, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12615

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-11000 In the Matter of John C. Wright, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

John C. Wright has voluntarily submitted an affidavit dated December 10, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Wright was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 10, 1989. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Wright presently resides in Virginia, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of John C. Wright, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of John C. Wright is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, John C. Wright is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if John C. Wright has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12779

E/nal

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

1995-03465 The People, etc., respondent, v Daniel Connolly, appellant. (Ind. No. 9473/94)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered April 4, 1995.

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

ORDERED that the motion is denied; 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 August 5, 2004.

RITTER, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12775

CF/

2003-05483 The People, etc., respondent, v Antonio Diaz, appellant. (Ind. No. 11006/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Queens County, rendered February 10, 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

M12726

C/nal

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2002-06558 The People, etc., respondent, v Arnold Fordham, appellant. (Ind. No. 288/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 3, 2002, and for assignment of new counsel.

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; and it is further,

ORDERED that on the court's own motion, the appellant's time to serve and file a supplemental brief is enlarged; the appellant's supplemental brief shall be served and filed on or before July 26, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12808

E/sl

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GABRIEL M. KRAUSMAN

BARRY A. COZIER, JJ.

2002-07179 The People, etc., respondent, v Darnell Frazier, appellant. (Ind. No. 01-00948)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Westchester County, rendered July 25, 2002, which was determined by decision and order of this court dated April 5, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11734

E/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2000-02458 The People, etc., respondent, v George Philips, appellant. (Ind. No. 3251/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered January 25, 2000, inter alia, in effect, for leave to serve and file an oversized supplemental brief exceeding 70 pages in length and a set of exhibits to the supplemental brief, for leave to raise facts and issues in his supplemental brief relating to an appeal from an order of the County Court, Nassau County, dated January 30, 2003, in an action entitled People v George Philips, Indictment No. 3717/97, pending under Appellate Division Docket No. 2003-02206, to enlarge the time to serve and file the supplemental brief, and to clarify a decision and order on motion of this court dated August 27, 2003. Motion by the respondent for leave to serve and file a supplemental brief to raise additional arguments and to enlarge the appellant's time to serve and file a reply brief.

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

ORDERED that the branches of the appellant's motion which are for leave to serve and file an oversized supplemental brief exceeding 70 pages in length and a set of exhibits to the supplemental brief, and to raise facts and issues relating to the appeal from the order of the County Court, Nassau County, dated January 30, 2003, are denied; and it is further,

 ORDERED that the branch of the appellant's motion which is to enlarge his time to serve and file a supplemental brief is granted, and on or before August 23, 2004, the appellant shall serve and file a supplemental brief which does not exceed 70 pages in length, does not include exhibits, and does not raise facts or issues relating to the appeal from the order of the County Court, Nassau County, dated January 30, 2003; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,

ORDERED that branch of the appellant's motion which is to clarify a decision and order of this court dated August 27, 2003, is denied as unnecessary in light of the decision and order of this court dated September 22, 2003; and it is further,

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

ORDERED that the respondent's motion is granted; and it is further,

ORDERED that the respondent is granted leave to serve and file a supplemental brief and the respondent shall serve and file the supplemental brief on or before June 28, 2004; and it is further,

ORDERED that the appellant's time to serve and file a reply brief is enlarged until July 19, 2004, and the reply brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M11960

E/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2000-03865 The People, etc., respondent, v George Philips, appellant. (Ind. No. 3717/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered April 10, 2000, inter alia, in effect, for leave to serve and file an oversized supplemental brief exceeding 70 pages in length and a set of exhibits to the supplemental brief, for leave to raise facts and issues in his supplemental brief relating to an appeal from an order of the same court, dated January 30, 2003, pending under Appellate Division Docket No. 2003-02206, and to enlarge the time to serve and file the supplemental brief.

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

ORDERED that the branches of the motion which are for leave to serve and file an oversized supplemental brief exceeding 70 pages in length and a set of exhibits to the supplemental brief, and to raise facts and issues relating to the appeal from the order of the County Court, Nassau County, dated January 30, 2003, are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant's time to serve and file a supplemental brief is granted and on or before August 23, 2004, the appellant shall serve and file a supplemental brief which does not exceed 70 pages in length, does not include exhibits, and does not raise facts or issues relating to the appeal from the order of the County Court, Nassau County, dated January 30, 2003; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12735

S/nal

2003-10256 The People, etc., respondent, v Kim Ragland, appellant. (Ind. No. 02-132)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Rockland County, rendered April 1, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 16, 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

M12785

E/nal

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2002-07882 The People, etc., respondent, v David J. Safran, appellant. (Ind. No. 2240-01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Suffolk County, rendered August 26, 2002, in effect, for summary reversal.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M12717

C/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-02642 The People, etc., respondent, v Torin Williams, appellant. (Ind. No. 03-2642)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the County Court, Rockland County, rendered March 4, 2003, and to substitute retained counsel. The appellant's motion to dispense with printing and for assignment of counsel was granted on September 19, 2003, and the following-named attorney was assigned as counsel to prosecute the appeal:

James Licata

Public Defender

19 Squadron Boulevard

New City, New York 10956

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 assigned counsel is directed to turn over all transcripts in the action to the Clerk of this court; and it is further,

ORDERED that assigned counsel is directed to turn over all other papers in the action to retained counsel:

Alvin L. Spitzer

Kohl Building

233 Lafayette Avenue, Suite M3

Suffern, NY 10901

and it is further,

ORDERED that on the court's own motion, so much of the decision and order of this court dated September 19, 2003, as granted the appellant poor person relief is recalled and vacated.

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

ENTER:

James Edward Pelzer

Clerk of the Court