Appellate Division: Second Judicial Department

M27360

CF/

2005-02535 Azad Anand, appellant, v Jack Wilson, respondent. (Index No. 5745/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a decision of the Supreme Court, Nassau County, dated December 1, 2004.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27377

T/sl

2004-08599 James BiLello, et al., respondents, v Genesis Seafood, Inc., et al., defendants, Elsie Rockett, nonparty appellant. (Index No. 14090/02)

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, Nassau County, dated July 30, 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

M27355

R/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-02185 Joshua Arthur Bonilla, etc., respondent, v R.A.J. Management Corp., appellant. (Index No. 9760/01)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 20, 2004, on the ground that the order was superseded by a judgment entered December 19, 2004, and no appeal was taken from the judgment.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the right of direct appeal therefrom terminated with the entry of judgment in the action on December 19, 2004 (see Matter of Aho, 39 NY2d 241, 248).

RITTER, J.P., SKELOS, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27361

CF/

2005-01003 Herica Contreras, appellant, v Miguel Mojica, et al., respondents. (Index No. 18592/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 16, 2004.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27362

CF/

2005-03824 Judith Dorfeuille, et al., respondents, v New York City Transit Authority, et al., appellants, et al., defendants. (Index No. 30975/04)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated February 9, 2005.

Upon the stipulation of the parties, dated June 28, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27380

T/sl

2004-09752 Elliott-Williams Co., Inc., appellant, v Impromptu Gourmet, Inc., et al., defendants, SUGA Development, LLC., respondent. (Index No. 4669/02)

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 an order of the Supreme Court, Rockland County, dated September 29, 2004.

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

M27357

CF/

2004-09787 Barbara A. Haas, appellant, v Phillip Dana-Bashain, respondent. (Index No. 17165/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 7, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27370

CF/

2005-01413 William Hoag, et al., appellants, v Lee Berendt, et al., respondents. (Index No. 4680/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated January 10, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27367

CF/

2005-00378 Indymac Bank, respondent, v Tanya Fayyaz, appellant. (Index No. 1041/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated November 30, 2004.

Upon the stipulation of the parties, dated June 28, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27366

CF/

2005-03627 Rafael Ramirez-Cruz, respondent, v Ajay K. Madan, etc., appellant. (Index No. 48579/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated February 16, 2005.

Upon the stipulation of the parties, dated June 28, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27359

CF/

2004-10926 Richard A. Dubi, P.C., appellant, v Bryan Wayne Kishner, respondent. (Index No. 10212/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 16, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27369

CF/

2005-02007 Stephen Rosina, et al., respondents, v Saul M. Modlin, etc., appellant. (Index No. 13769/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Queens County, entered January 31, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27363

CF/

2005-02187 Rachel Shrem, appellant, v Ultea, Inc., respondent. (Index No. 46779/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated January 14, 2005.

Upon the stipulation of the parties, dated June 28, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27364

CF/

2005-04184 Grace Simmons, respondent, v Municipal Housing Authority for City of Yonkers, appellant. (Index No. 5839/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 14, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27368

CF/

2005-04508 Alden Stephenson, respondent, v Frederic M. Tompkins, appellant. (Index No. 1492/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Putnam County, dated April 18, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27371

CF/

2005-02033 James D. Sullivan, appellant, et al., plaintiffs, v Our Lady of Consolation Geriatric Care Center, respondent. (Index No. 15938/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 16, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27358

CF/

2005-00769 Jyranda Thompson, appellant, et al., defendants, v St. Christopher-Ottilie, respondent, et al., defendants. (Index No. 5621/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated December 29, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27365

CF/

2005-00636 Cathy Weimar, et al., respondents-appellants, v L. K. Comstock & Company, Inc., et al., appellants-respondents (and a third-party action). (Index No. 244/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants-respondents and the respondents-appellants to withdraw an appeal and a cross appeal from an order of the Supreme Court, Queens County, dated November 4, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27283

A/sl

SONDRA MILLER, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2005-03349, 2005-04653 In the Matter of Independence Party State Committee of the State of New York, et al., appellants, v Carol Berman, et al., respondents. (Proceeding No. 1) (Index No. 13100/04) In the Matter of Nassau County Independence Party Interim County Committee, et al., respondents, v James A. Peragine, etc., et al., appellants. (Proceeding No. 2) (Index No. 13451/04) In the Matter of Alexander L. Katagas, et al., petitioners- respondents, v Carol Berman, etc., et al., respondents, Independence Party County Committee of Nassau County, etc., et al., appellants. (Proceeding No. 3) (Index No. 13895/04) In the Matter of James L. Kapsis, etc., et al., petitioners- respondents, v Carol Berman, etc., et al., respondents, Independence Party County Committee of Nassau County, etc., et al., appellants. (Proceeding No. 4) (Index No. 14253/04)

DECISION & ORDER ON MOTION

Motion by the petitioners-respondents in Proceeding No. 3 on appeals from two orders of the Supreme Court, Nassau County, entered January 26, 2005, and April 12, 2005, respectively, for leave to appeal to the Court of Appeals from a decision and order on motion of this court dated May 19, 2005, which denied their motion, inter alia, to vacate a stay which was granted by decision and order on motion of this Court dated April 28, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27381

T/sl

2004-08832 In the Matter of Charles Robert, appellant, v James H. O'Meara, etc., respondent. (Action No. 1) (Index No. 1065/04) 2004-08833 In the Matter of Charles Robert, appellant, v Robert Lo Cicero, etc., et al., respondents. (Action No. 2) (Index No. 5928/04)

ORDER ON APPLICATION

Application by the respondents in both proceedings pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from an order and judgment (one paper) of the Supreme Court, Nassau County, entered September 9, 2004 (Action No. 1) and an order and judgment (one paper) of the same court entered September 10, 2004 (Action No. 2).

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

M27356

K/sl

WILLIAM F. MASTRO, J.

2005-03258 The People, etc., plaintiff, v Roman Lopez Moran, defendant. (Ind. No. 6509/85)

DECISION & ORDER ON MOTION

Motion by the defendant for reargument of his prior application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 24, 2005, which was determined by me in a decision and order on application dated May 9, 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.

WILLIAM F. MASTRO

Associate Justice