Appellate Division: Second Judicial Department

M27164

M/nal

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN , JJ.

2005-02206 Suzanne Gold Alliker, appellant, v Ephraim Benjamin Alliker, respondent. (Index No. 20455/03)

DECISION & ORDER ON MOTION

Appeal by Suzanne Gold Alliker from an order of the Supreme Court, Westchester County, dated January 12, 2005. By order to show cause dated June 2, 2005, 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 action for failure to comply with a scheduling order dated April 14, 2005, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the appellant to withdraw the appeal.

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

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

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27183

S/sl

2004-10818 Allstate Insurance Company, appellant, v Isaac Lichtenstein, et al., respondents. (Index No. 16938/04)

ORDER ON APPLICATION

Application by the respondent Isaac Lichtenstein pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated October 21, 2004.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until August 4, 2005, 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

M27189

S/sl

2005-00335 Oscar Alvarado, et al., appellants, v Bogie Realty, Ltd., et al., respondents. (Index No. 11804/00)

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, Richmond County, dated October 25, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 26, 2005, 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

M27045

A/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-05736 Stuart B. Arm, appellant, v 2148 Ocean Avenue, LLC, et al., respondents. (Index No. 36940/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enjoin the respondents from obstructing and preventing access to the driveway located between 2144 Ocean Avenue and 2148 Ocean Avenue, Brooklyn, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 19, 2005.

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 respondents are enjoined from obstructing and preventing access to the driveway located between 2144 Ocean Avenue and 2148 Ocean Avenue, Brooklyn, pending hearing and determination of the appeal on conditions that (1) the appellant perfect the appeal on or before August 1, 2005, and (2) the appellant post an undertaking with corporate surety pursuant to CPLR 6312(b); and it is further,

ORDERED that the matter is remitted to the Supreme Court, Kings County, to hear and report on the amount of the undertaking with corporate surety to be posted by the appellant pursuant to CPLR 6312(b), and the Supreme Court, Kings County, shall file its report with all convenient speed; and it is further,

 ORDERED that in the event the appellant fails to (1) perfect the appeal on or before August 1, 2005, and (2) fails to post an undertaking with corporate surety, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

SCHMIDT, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27151

S/sl

2005-00104 Atlas Refrigeration-Air Conditioning, Inc., respondent, v Slavatore Lo Pinto, Jr., appellant. (Index No. 46535/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered November 19, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 26, 2005, 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

M27191

S/sl

2004-07356 Roger Baillargeon, et al., respondents, v Kings County Waterproofing Corp., et al., defendants, Gordon H. Smith Corporation, appellant. (Index No. 50648/01)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Kings County, dated August 6, 2004.

ORDERED that the application is granted and the respondents' time to file a brief is enlarged until July 8, 2005, and the respondents' brief must be filed on or before that date; and it is further,

ORDERED that the reply brief must be served and filed on or before July 18, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27126

M/nal

2005-01638 Anthony Battisti, appellant, v Patricia Battisti, respondent. (Index No. 202230/03)

ORDER TO SHOW CAUSE

Appeal by Anthony Battisti from an order of the Supreme Court, Nassau County, dated January 18, 2005. By scheduling order dated March 3, 2005, the appellant was directed to perfect the above-entitled appeal within 60 days thereof if there were no minutes to be transcribed. The appellant informed this court on April 12, 2005, that there were no minutes to be transcribed. The appeal was not perfected on or before June 13, 2005, and no application for an enlargement has been made. The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated March 3, 2005, 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 13, 2005; 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

M27154

S/sl

2005-00406 Julie Burke, respondent, v Anthony Novack, appellant, et al., defendants. (Index No. 16867/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated October 14, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 29, 2005, 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

M27182

S/sl

2004-09521 Christopher Campbell, et al., appellants, v Nidia Colon Thomas, et al., respondents, et al., defendant. (Index No. 1756/01)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Putnam County, dated October 1, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 8, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27187

S/sl

2004-10821 Lujean Colon, respondent, v New York City Housing Authority, et al., appellants. (Index No. 9651/01)

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, Kings County, dated October 29, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 25, 2005, 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

M27115

C/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-04937 DeCostole Carting, Inc., appellant, v Jose Maldonado, etc., et al., respondents. (Index No. 29281/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated March 31, 2005, inter alia, in effect, to enjoin the respondents from preventing the plaintiff from operating its hauling business pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

SCHMIDT, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27160

Y/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-08888 Joseph DePascale, et al., appellants, v Sulzer US Industries Holding, Inc., et al., respondents. (Index No. 48094/02)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 18, 2004.

Upon the papers filed in support of the motion and no papers having been filed in opposition 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 August 1, 2005, 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.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27158

T/sl

2005-02825 Rolando Durrant, plaintiff-respondent, v Bedford Place, LLC, defendant third-party plaintiff-respondent; JPA Carpenters, LLC, third-party defendant-respondent, Nationwide Mutual Insurance Company, a/k/a Nationwide Insurance, third-party defendant-appellant. (Index No. 29400/02)

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, Kings County, dated February 16, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before July 6, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27180

S/sl

2004-06482 Nancy Gonzalez, et al., respondents, v Jamaica Hospital, appellant. (Index No. 20403/98)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, dated June 24, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 29, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27144

S/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-04871 Rita Hage, et al., respondents, v Harry G. DeMeo, etc., et al., appellants. (Index No. 20195/04)

DECISION & ORDER ON MOTION

Appeal by the defendants from an order of the Supreme Court, Kings County, dated May 18, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order dated May 18, 2005, is not appealable as of right (see CPLR 5701) and the appellants have not sought leave to appeal.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27181

S/sl

2004-09921 Cathy Hall, appellant, v Barist Elevator Company, defendant third-party plaintiff-respondent; United Presbyterian Residence, third-party defendant- respondent. (Index No. 13612/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated September 29, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before July 7, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27161

T/sl

2005-01350 Hameed & Safder Co-Owners, Inc., appellant, v 41-50 78th Street Corp., et al., respondents. (Index No. 29736/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated January 18, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 29, 2005, 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

M27163

T/sl

2005-01338 Imran Hameed, c/o Hameed & Safder Co-Owners, Inc., appellant, v 41-50 78th Street Corp., et al., respondents. (Index No. 19357/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated January 18, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 29, 2005, 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

M27169

Y/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-01497 Victor Hirsch, appellant, v Greenridge Associates, LLC, et al., defendants third-party plaintiffs-respondents, Youssef Rokhsar, et al., defendants-respondents; A&B Heating & Air Conditioning, Inc., third-party defendant- respondent. (Index No. 18474/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated January 6, 2005, in effect, to enlarge the record on appeal to include the appellant's deposition testimony, including two photographs marked for identification.

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

ORDERED that the motion is denied.

ADAMS, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27195

J/sl

2004-09904 John Katsoudas, appellant, v City of New York, respondent, et al., defendants. (Index No. 13064/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 14, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 5, 2005, 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

M27167

M/nal

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-01892 Valerie Knaster, respondent, v Robert Knaster, appellant. (Index No. 201532/00)

DECISION & ORDER ON MOTION

Appeal by Robert Knaster from a judgment of the Supreme Court, Nassau County, dated January 19, 2005. By order to show cause dated June 2, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 11, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

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

ORDERED that 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 September 6, 2005.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27121

C/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE, JJ.

2004-07378 Ronald Kruss, etc., respondent, v Waterview Nursing Care Center, Inc., etc., appellant. (Index No. 1124/03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 25, 2004.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until October 3, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SCHMIDT, J.P., ADAMS, KRAUSMAN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27159

Y/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-05650 Liberty Moving and Storage Co., Inc., plaintiff, v George J. Cumella, Sr., et al., respondents. (Index No. 00-9899)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated May 6, 2005, which transferred the above-entitled action to the County Court, Suffolk County, and to stay all proceedings in the County Court, Suffolk County, in the above-entitled action, pending hearing and determination of the appeal.

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

ORDERED that the motion is granted, and all proceedings in the County Court, Suffolk County, in the above-entitled action are stayed pending hearing and determination of the appeal.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27184

S/sl

2005-05489 Frances Moog, etc., et al., appellants, v City of New York, defendant, Staten Island University Hospital, et al., respondents. (Index No. 11711/01)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated May 12, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 19, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27174

C/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-09094 Schiller Pantaleon, respondent, v Marlon Ogilivie, appellant, et al., defendants. (Index No. 13898/03)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated September 10, 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 respondent's time to serve and file a brief is enlarged until August 3, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27171

J/sl

2005-00628 Gideon Raviv, et al., appellants, v Teahan & Constantino, et al., respondents. (Index No. 12677/04)

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, Queens County, dated November 30, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 10, 2005, 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

M27148

S/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-07017 Francine Russo, plaintiff-respondent, v Garden Homes Management Corporation, et al., defendants-respondents, Pathmark Stores, Inc., appellant, et al., defendant. (Index No. 20009/02)

DECISION & 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 June 21, 2004.

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

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the stay which was granted by the decision and order on motion of this court dated March 29, 2005, is vacated forthwith.

COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27175

C/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-07194, 2005-00190, 2005-05708 S.K. Mortgage Holdings Limited Partnership, respondent, v Vincent Subirats, et al., appellants. (Index No. 19238/01)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to consolidate appeals from (1) an order of the Supreme Court, Suffolk County, dated July 7, 2004 (Appellate Division Docket No. 2004-07194), and (2) a judgment of the same court entered December 28, 2004 (Appellate Division Docket No. 2005-00190), with (3) an appeal from an amended judgment of the same court entered May 10, 2005 (Appellate Division Docket No. 2005-05708), and for leave to reargue a prior motion for a preference in the calendaring of appeals from the order and the judgment, which was determined by decision and order on motion of this court dated March 31, 2005.

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; and it is further,

ORDERED that on the court's own motion, the appeals from the order and the judgment shall be calendared together with the appeal from the amended judgment and shall be argued or submitted on the same day.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27145

S/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-01425 Sault, Inc., appellant, v Hermitage Insurance Company, respondent. (Index No. 4073/03)

DECISION & ORDER ON APPLICATION

Application by the appellant for leave to withdraw the brief filed by former counsel and for leave to serve and file a new brief. Cross application by the respondent, inter alia, for leave to file a supplemental brief addressing any additional arguments raised by the appellant in its new brief.

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

ORDERED that the application is granted, the brief previously filed by the appellant is deemed withdrawn, and on or before August 1, 2005, the appellant shall serve and file a replacement brief; and it is further,

ORDERED that the branch of the cross application which is for leave to file a supplemental brief is granted and within 30 days after service upon it of the appellant's replacement brief the respondent may serve and file a supplemental brief or a replacement brief, as it be so advised; and it is further,

ORDERED that the cross application is otherwise denied.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27116

C/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE, JJ.

2004-07656 Robert Schirmer, et al., plaintiffs-respondents, v Robert A. Penkert, defendant third-party plaintiff-appellant; M & R Marcus Company East Meadow, Ltd., third-party defendant-respondent. (Action No. 1) (Index No. 00364/97) Robert Schirmer, et al., plaintiffs, v Utica First Insurance Company, defendant third-party plaintiff-respondent; Robert A. Penkert, third-party defendant-appellant. (Action No. 2) (Index No. 22366/98) Robert A. Penkert, d/b/a Woodcleft Cabinet Co., appellant, v Utica First Insurance Company, et al., respondents. (Action No. 3) (Index No. 22464/99)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated June 4, 2004.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until August 19, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

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

ORDERED that no further enlargements of time shall be granted.

SCHMIDT, J.P., ADAMS, KRAUSMAN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27177

C/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-03097 Carla Smith, respondent, v Robert Fabisenski, appellant. (Index No. 25722/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated February 14, 2005, to direct the respondent to execute a stipulation settling a certain transcript.

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

ORDERED that the motion is denied as unnecessary (see CPLR 5525[c][2]).

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27147

S/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

1997-10283 Diane Tobin-Aliperti, etc., respondent, v Joseph Porto, et al., appellants. (Index No. 25445/94)

DECISION & ORDER ON MOTION

Appeal by the defendants from a judgment of the Supreme Court, Queens County, dated August 8, 1997. By decision and order on motion dated April 9, 2003, the appellants' time to perfect the appeal was enlarged until June 10, 2003. The appeal has not been perfected.

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

ORDERED that the appeal is dismissed, without costs or disbursement, for failure to perfect the appeal in accordance with the decision and order on motion of this court dated April 9, 2003.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27188

S/sl

2005-00140 Charles Dun-Sheng Yan, appellant, v Nancy Klein, appellant. (Index No. 13587/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated November 24, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 6, 2005, 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

M27150

S/sl

2005-01070 Vahe Zakaryan, respondent, v Bnois Spinka, appellant, et al., defendant. (Index No. 11214/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 3, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 12, 2005, 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

M27190

S/sl

2004-08639 Diane Zaslowsky, et al., appellants, v J. M. Dennis Construction Company Corp., et al., respondents. (Index No. 6751/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated August 23, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before August 1, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27080

M/nal

2005-05927 In the Matter of Darryl A. (Anonymous), appellant. (Docket No. E-12733/04)

SCHEDULING ORDER

Appeal by Darryl A. from an order of the Family Court, Nassau County, dated May 19, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27179

C/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-08578, 2005-01376, 2005-01377 In the Matter of Rose F. Albarino, deceased. Robert Albarino, respondent; Roxanne Kelly, appellant. (File No. 312/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from three orders of the Surrogate's Court, Westchester County, one dated August 19, 2004, and two dated December 29, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on the appeals.

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

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

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until August 8, 2005.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27101

M/nal

2005-04427 In the Matter of Cantina B. (Anonymous). Administration for Children's Services, appellant; Shoshannah M. (Anonymous), respondent; Kerwin B. (Anonymous), respondent-respondent. (Docket No. N-36406-04)

SCHEDULING ORDER

Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated April 13, 2005. 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 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27122

M/nal

2005-00146 In the Matter of Bryan C. (Anonymous), appellant. (Docket No. D-06887/04)

SCHEDULING ORDER

Appeal by Bryan C. from an order of the Family Court, Queens County, dated December 9, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 23, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27095

M/nal

2005-05725, 2005-05728 In the Matter of Efraim C. (Anonymous). Administration for Children's Services, appellant; Gloria O. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Leugarda C. (Anonymous). Administration for Children's Services , appellant; Gloria O. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Aaron M. (Anonymous). Administration for Children's Services , appellant; Gloria O. (Anonymous), et al., respondents. (Proceeding No. 3) In the Matter of Israel M. (Anonymous). Administration for Children's Services , appellant; Gloria O. (Anonymous), et al., respondents. (Proceeding No. 4) (Docket Nos. N-14919/05, N-14920/05, N-14921/05, N-14922/05)

SCHEDULING ORDER

Appeals by Administration for Children's Services from two orders of the Family Court, Kings County, dated June 6, 2005, and June 14, 2005, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27088

M/nal

2005-06013 In the Matter of Anthony Carnegie, appellant, v Sela Carnegie, respondent. (Docket No. U-00914-81)

SCHEDULING ORDER

Appeal by Anthony Carnegie from an order of the Family Court, Suffolk County, dated May 2, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27087

M/nal

2005-06003 In the Matter of Luanne G. Catalli, respondent, v Louis Catalli, appellant. (Docket No. O-21269/04)

SCHEDULING ORDER

Appeal by Louis Catalli from an order of the Family Court, Suffolk County, dated May 20, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27094

M/nal

2005-06164 In the Matter of Tenika Chambers, respondent, v Ajab M. Woodson, appellant. (Docket No. V-1809-99)

SCHEDULING ORDER

Appeal by Ajab M. Woodson from an order of the Family Court, Nassau County, dated May 16, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27141

S/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-05872 In the Matter of Amy DiTore, respondent, v James Ebeling, appellant. (Docket Nos. V-7055-99, V-7046-99)

DECISION & ORDER ON MOTION

Appeal by James Ebeling from an order of the Family Court, Orange County, dated May 12, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see Family Ct Act § 1112), and we decline to grant leave to appeal.

SCHMIDT, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27097

M/nal

2005-06110 In the Matter of Valerie Dorset, appellant, v Stanley Dorset, respondent. (Docket Nos. F-06998-03, F-09569-03, F-08280-03)

SCHEDULING ORDER

Appeal by Valerie Dorset from an order of the Family Court, Westchester County, dated June 9, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27083

M/nal

2005-05998 In the Matter of Ellen L. Ellwanger, respondent, v Theodore E. Ellwanger, appellant. (Docket No. O-07197-05)

SCHEDULING ORDER

Appeal by Theodore E. Ellwanger from an order of the Family Court, Suffolk County, dated May 18, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27123

M/nal

2005-02514 In the Matter of Richard Fenical, appellant, v Renee Fenical, respondent. (Docket No. F-6257/02)

SCHEDULING ORDER

Appeal by Richard Fenical from an order of the Family Court, Orange County, dated February 2, 2005. 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 27, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27125

M/nal

2005-01773 In the Matter of Anna Marie G. (Anonymous), a/k/a Anna Marie C. (Anonymous). Jewish Child Care Association of New York, respondent; Abduel G. (Anonymous), a/k/a Abdul G. (Anonymous), et al., appellants. (Docket No. B-10322/01)

SCHEDULING ORDER

Separate appeals by Abduel G., a/k/a Abdul G. and Margarita C. from an order of the Family Court, Kings County, dated January 24, 2005. By decision and order on motion of this court dated June 21, 2005, the following attorney was assigned as counsel on the appeal by Margarita C.:

Richard Cardinale, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

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 transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated June 21, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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

M26765

M/nal

2005-04981 In the Matter of Maria G. (Anonymous). Administration for Children's Services, petitioner-respondent; Marcos G. (Anonymous), respondent-respondent; Steven Banks, etc., nonparty-appellant. (Docket No. N- 00927-01)

SCHEDULING ORDER

Appeal by law guardian from an order of the Family Court, Queens County, dated May 23, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27085

M/nal

2005-05931 In the Matter of Joanne Garland, respondent, v George Garland, appellant. (Docket No. F-161-01)

SCHEDULING ORDER

Appeal by George Garland from an order of the Family Court, Nassau County, dated May 25, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27093

M/nal

2005-06142 In the Matter of Dana L. Giammanco, respondent, v Joseph Giammanco, Jr., appellant. (Docket No. O-01113-05)

SCHEDULING ORDER

Appeal by Joseph Giammanco, Jr. from an order of the Family Court, Richmond County, dated April 27, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27086

M/nal

2005-05969 In the Matter of Brian Hughes, respondent, v Deborah Iemitti, appellant. (Docket Nos. V-4386/04, V-4387/04)

SCHEDULING ORDER

Appeal by Deborah Iemetti from an order of the Family Court, Richmond County, dated May 18, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27138

M/nal

2005-03782 In the Matter of Nadejda Josefs, respondent, v Jacob Josefs, appellant. (Docket No. F-03469/01)

SCHEDULING ORDER

Appeal by Jacob Josefs from an order of the Family Court, Kings County, dated March 7, 2005. By decision and order on motion of this court dated June 21, 2005, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person and for the assignment of counsel was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the 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

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

M27089

M/nal

2005-06104 In the Matter of Halime Kurkcu, appellant, v Ayse Cokyuksel, respondent. (Docket No. O-18368-04)

SCHEDULING ORDER

Appeal by Halime Kurkcu from an order of the Family Court, Queens County, dated May 19, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27112

M/nal

2004-04667, 2004-06626 In the Matter of Damon Licari, respondent, v Cheryl Mulderig, appellant. (Docket No. V-11186-03)

SCHEDULING ORDER

Appeals by Cheryl Mulderig from two orders of the Family Court, Suffolk County, dated April 23, 2004, and May 21, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on June 24, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27084

M/nal

2005-05909 In the Matter of Debraun M. (Anonymous). Administration for Children's Services, respondent; Walter C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jermaine M. (Anonymous). Administration for Children's Services, respondent; Walter C. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-03936-04, N-03937-04)

SCHEDULING ORDER

Appeal by Walter C. from an order of the Family Court, Richmond County, dated May 20, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27096

M/nal

2005-06014 In the Matter of Anisha McG. (Anonymous), appellant. (Docket No. D-32343-04)

SCHEDULING ORDER

Appeal by Anisha McG. from an order of the Family Court, Kings County, dated May 12, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27079

M/nal

2005-05911 In the Matter of Charles Michael Pisano, appellant, v Loriann Pisano, respondent. (Docket No. V-01810/04)

SCHEDULING ORDER

Appeal by Charles Michael Pisano from an order of the Family Court, Richmond County, dated April 15, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27143

S/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE, JJ.

2005-05691 In the Matter of Theresa Ponzio, petitioner- respondent, v Anne Marie Ponzio, appellant, et al., respondent. (Docket No. V-35250-03)

ORDER TO SHOW CAUSE

Appeal by Theresa Ponzio from an order of the Family Court, Kings County, dated May 16, 2005.

Now, on the court's own motion, 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 on the ground that the order is not appealable as of right (see Family Ct Act § 1112), and the appellant has not sought leave to appeal to this court, by filing an affirmation or affidavit on that issue with the Clerk of this court on or before July 22, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties or their attorneys by regular mail.

SCHMIDT, J.P., ADAMS, KRAUSMAN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27118

M/nal

2004-07396 In the Matter of Douglas R. (Anonymous), appellant. (Docket No. D-7723-03)

SCHEDULING ORDER

Appeal by Douglas R. from an order of the Family Court, Queens County, dated August 4, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 24, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27140

S/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-05701 In the Matter of Shareef Rashid, respondent, v Michelle T. Fisher, appellant. (Docket No. V-11644-00)

DECISION & ORDER ON MOTION

Appeal by Michelle T. Fisher from an order of the Family Court, Kings County, dated May 19, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see Family Ct Act § 1112), and we decline to grant leave to appeal.

SCHMIDT, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27111

M/nal

2005-01768 In the Matter of Sandra L. Rentfro, appellant, v Devon Fletcher, et al., respondents. (Docket Nos. V-29299-04, V-29300-04)

SCHEDULING ORDER

Appeal by Sandra L. Rentfro from an order of the Family Court, Kings County, dated January 19, 2005. The appellant's brief was filed in the office of the Clerk of this court on June 24, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

M27142

S/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE, JJ.

2005-05647 In the Matter of Christopher S. (Anonymous). Suffolk County Department of Social Services, respondent; Joanne S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Duane S. (Anonymous). Suffolk County Department of Social Services, respondent; Joanne S. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Sean S. (Anonymous). Suffolk County Department of Social Services, respondent; Joanne S. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Sherri S. (Anonymous). Suffolk County Department of Social Services, respondent; Joanne S. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. B-12053-03, B-12054-03, B-12055-03, B-12056-03)

DECISION & ORDER ON MOTION

Appeal by Joanne S. from an order of the Family Court, Suffolk County, dated April 29, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appellant (see CPLR 5511).

SCHMIDT, J.P., ADAMS, KRAUSMAN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27136

M/nal

2004-10987, 2004-10989, 2004-10990 In the Matter of Jamal S. (Anonymous), appellant. (Docket Nos. D-1905-04, D-05372-02/03A)

SCHEDULING ORDER

Appeals by Jamal S. from three orders of the Family Court, Kings County, one dated June 21, 2004, and two dated August 13, 2004, respectively. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the 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 July 27, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27120

M/nal

2005-00607 In the Matter of Thomas S. (Anonymous), appellant. (Docket No. D-06402/04)

SCHEDULING ORDER

Appeal by Thomas S. from an order of the Family Court, Kings County, dated December 22, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until July 27, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27119

M/nal

2004-05503 In the Matter of Sharon Sitzer, appellant, v Gary Fay, respondent. (Docket No. V-1607-93)

SCHEDULING ORDER

Appeal by Sharon Sitzer from an order of the Family Court, Suffolk County, dated May 20, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 24, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27078

M/nal

2005-01085, 2005-01086, 2005-01154, 2005-01155, 2005-01156 In the Matter of Theresa Helen T. (Anonymous), a/k/a Theresa Helen D. (Anonymous), a/k/a Theresa T. (Anonymous). Administration for Children's Services, petitioner-respondent; Debra D. T. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Christina Shannon T. (Anonymous), a/k/a Christina T. (Anonymous). Administration for Children's Services, petitioner-respondent; Debra D. T. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Silvia Marie D. (Anonymous), a/k/a Silvia D. (Anonymous). Administration for Children's Services, petitioner-respondent; Debra D. T. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) In the Matter of Patricia D. (Anonymous). Administration for Children's Services, petitioner-respondent; Debra D. T. (Anonymous), appellant, et al., respondent. (Proceeding No. 4) (Docket Nos. B-11446/02, B-11448/02, B-11447/02, N-4878/96, N-4879/96, N-4880/96, N-4881/96)

SCHEDULING ORDER

Appeals by Debra D. T. from five orders of the Family Court, Queens County, dated May 31, 2004 (Appellate Division Docket No. 2005-01155), October 21, 2004 (Appellate Division Docket No. 2005-01156), November 18, 2004 (Appellate Division Docket No. 2005-01085), and two dated November 30, 2004 (Appellate Division Docket Nos. 2005-01086 and 2005-01154). By decision and order on motion of this court dated June 24, 2005, the following attorney was assigned as counsel on the appeals:

Steven P. Forbes, Esq.

90-50 Parsons Blvd.

# 401

Jamaica, N.Y. 11432

(718) 791-8444

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

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated June 24, 2005, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27168

M/nal

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-02080, 2005-02082 In the Matter of Mary Tolkan, respondent, v James Morin, appellant. (Docket No. F-2358/00)

DECISION & ORDER ON MOTION

Appeals by James Morin from two orders of the Family Court, Queens County, both dated January 31, 2005. By decision and order on motion dated April 20, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person upon papers establishing that he is entitled to poor person relief and is interested in pursuing the appeal on or before May 23, 2005. The appellant has failed to do so. By order to show cause dated June 9, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the decision and order on motion of this court dated April 20, 2005.

Now, on the court's own motion, and no papers having been the papers filed in opposition or relation thereto, it is

ORDERED that the appeals are dismissed, without costs or disbursements.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27157

M/nal

2004-08585 In the Matter of Ricky Joseph V. (Anonymous), a/k/a Ricky J. (Anonymous). Administration for Children's Services, et al., respondents; Luis Antonio V. (Anonymous), appellant. (Docket No. B-18669/00)

SCHEDULING ORDER

Appeal by Luis Antonio V. from an order of the Family Court, Kings County, dated August 20, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until July 13, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27092

M/nal

2005-06115, 2005-06117, 2005-06119 In the Matter of Ilma Williams, respondent, v Steve Aldridge Warrington, appellant. (Docket No. U-16597/03)

SCHEDULING ORDER

Appeals by Steve Aldridge Warrington from three orders of the Family Court, Queens County, dated October 19, 2004, December 21, 2004, and March 30, 2005, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27110

M/nal

2005-02246 In the Matter of Sharron Willis, respondent, v Vassell Watson, appellant. (Docket No. O-126/05)

SCHEDULING ORDER

Appeal by Vassell Watson from an order of the Family Court, Richmond County, dated January 26, 2005. By decision and order on motion of this court dated June 24, 2005, the following attorney was assigned as counsel on the appeal:

Catherine S. Bridge, Esq.

1358 Clove Road

Staten Island, N.Y. 10301

(718) 448-9600

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 transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated June 24, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27098

M/nal

2005-06145 In the Matter of Shulamit Zirkiyeva, respondent, v Albert Shimunov, appellant. (Docket No. F-21072-03)

SCHEDULING ORDER

Appeal by Albert Shimunov from an order of the Family Court, Queens County, dated May 27, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27166

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2002-05396 The People, etc., respondent, v Steven Alster, appellant. (Ind. No. 4415/01)

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 a judgment of the Supreme Court, Kings County, rendered June 5, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 29, 2005, 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

M27185

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A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

GLORIA GOLDSTEIN, JJ.

1993-03064 The People, etc., respondent, v Herman Cargill, appellant. (Ind. No. 15609/91)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to reargue an application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this court dated June 26, 1995 (People v Cargill, 216 AD2d 575), affirming a judgment of the Supreme Court, Kings County, rendered May 4, 1993, which was determined by decision and order of this court dated March 7, 2005.

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, H. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27165

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2003-05789 The People, etc., respondent, v Robert Carratu, appellant. (Ind. No. 2049/01)

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 a judgment of the County Court, Nassau County, rendered June 26, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 10, 2005, 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

M27193

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HOWARD MILLER, J.P.

DAVID S. RITTER

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2004-07738 The People, etc., respondent, v Jorge Castillo, appellant. (Ind. No. 1558/02)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a sentence of the County Court, Suffolk County, imposed August 8, 2004.

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

ORDERED that the motion is denied.

H. MILLER, J.P., RITTER, CRANE and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04-A-4491

Bare Hill Corr. Fac.

Caller Box 20

Malone, New York 12953

Appellate Division: Second Judicial Department

M27186

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2002-10691 The People, etc., respondent, v Carlos Celleri, a/k/a Carlos Celleriegas, appellant. (Ind. No. 2723/01)

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 a judgment of the County Court, Suffolk County, rendered October 21, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 12, 2005, 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

M27113

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ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE, JJ.

2004-02376 The People, etc., respondent, v Omnipotent Unique Drayton, appellant. (Ind. No. 125/03)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Dutchess County, rendered February 25, 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 respondent's time to serve and file a brief is enlarged until July 11, 2005, and the respondent's brief must be served and filed on or before that date.

SCHMIDT, J.P., ADAMS, KRAUSMAN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27176

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HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-11080 The People, etc., respondent, v Kevin Griffin, appellant. (Ind. No. 04-00328)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the appellant's brief on an appeal from a judgment of the County Court, Orange County, rendered November 22, 2004. Cross motion by the appellant, inter alia, for a new suppression hearing, a new trial, an award of costs and fees, and for leave to serve and file an amended brief.

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 branch of the cross motion which is for leave to serve and file an amended brief is granted, and on or before August 16, 2005, the appellant shall serve and file an amended brief, and the cross motion is otherwise denied.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27124

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ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE, JJ.

2001-09990 The People, etc., respondent, v James Simms, Jr., appellant. (Ind. No. 01-00173)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the County Court, Orange County, rendered October 31, 2001.

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

ORDERED that the motion is denied.

SCHMIDT, J.P., ADAMS, KRAUSMAN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27156

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2004-00948 The People, etc., respondent, v Jose Valentin, appellant. (Ind. No. 3806-02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 9, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 11, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court