Appellate Division: Second Judicial Department

M27490

S/sl

2005-00443 Kenneth Bengard, appellant, v Theresa Bengrard, respondent. (Index No. 6035/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated November 23, 2004.

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

M27468

J/sl

2004-10574, 2004-10575, 2004-10576 Citibank, N.A., respondent, v Milly Stefansky, et al., defendants, Martin Ungar, et al., appellants. (Index No. 30201/95)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from three orders of the Supreme Court, Kings County, dated January 22, 2004, June 22, 2004, and September 27, 2004, respectively.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until September 14, 2005, and the record or appendix on the appeals 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

M27466

M/nal

2003-10599 Robert Conway, respondent, v S. Catherine Conway, appellant. (Index No. 8252/96)

SCHEDULING ORDER

Appeal by S. Catherine Conway from a judgment of the Supreme Court, Suffolk County, dated June 20, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 7, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M27495

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2005-01442 County of Suffolk, appellant, v Coram Equities, LLC., respondent. (Index No. 24792/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated January 26, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 7, 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

M27471

E/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2004-10972, 2005-03975 D.B. Associates, Inc., respondent, v Ingenious Designs, LLC, et al., appellants. (Index No. 9466/04)

DECISION & ORDER ON MOTION

Motion by the appellant Home Shopping Network on appeals from two orders of the Supreme Court, Suffolk County, dated October 29, 2004, and March 29, 2005, respectively, to stay all discovery as against it in the above-entitled action pending hearing and determination of the appeals.

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, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27529

Y/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2004-11170 Daniel Dobbins, appellant, v Nancy Vartabedian, respondent. (Index No. 26803/00)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated November 9, 2004, to enlarge the time to serve and file a brief.

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 respondent's time to serve and file a brief is enlarged until July 21, 2005, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27456

J/sl

2005-00221 Sylvia M. Flannigan, plaintiff, v City of New York, respondent, New York City Transit Authority, appellant. (Index No. 528/00)

ORDER ON APPLICATION

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

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

M27452

J/sl

2004-08229 Migdalia Flores, plaintiff-respondent, v Jeffrey M. Brown Construction Associates, et al., defendants third-party plaintiffs-appellants, et al., defendant; Saratoga Security Services, Inc., third-party defendant-respondent (and another third-party action). (Index Nos. 22883/99, 75364/00, 75508/01)

ORDER ON APPLICATION

Application by the plaintiff-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 July 15, 2004.

ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until July 22, 2005, and the plaintiff-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

M27494

O/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2004-07737 Myra Graham, appellant, v TRI-MAC Enterprises of Centereach, Inc., d/b/a McDonald's, et al., respondents. (Index No. 24651/97)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated July 29, 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 appellant's time to perfect the appeal is enlarged until August 4, 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 no further enlargements of time shall be granted.

SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27492

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2005-02034 Debra A. Halleran, et al., appellants, v Geeta Narula, etc., et al., respondents. (Index No. 5148/96)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered January 27, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 24, 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

M27479

E/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-05999 Tianna A. Jones, etc., et al., respondents, v 116-120 Grove Street Housing Development Corporation, appellant. (Index No. 10674/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated June 10, 2005, to stay all proceedings, including the trial, in the above-entitled action 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., ADAMS, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27464

E/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-06012 Edward Levy, respondent, v April Levy, appellant. (Index No. 5334/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of a judgment of the Supreme Court, Orange County, entered June 15, 2005, pending hearing and determination of an appeal therefrom.

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, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27446

S/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2004-07652 Elise M. Negrin, appellant, v Norwest Mortgage, Inc., respondent. (Index No. 26551/97)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated June 23, 2004.

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

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

ORDERED that no further enlargement of time shall be granted.

SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27441

R/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-04335 Debra Carol Paciello, respondent, v Louis Anthony Graffeo, et al., appellants. (Index No. 42295/00)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated March 31, 2005, to continue a stay of enforcement of the order and judgment granted by the same court in an order also dated March 31, 2005, 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 granted and the stay contained in the order dated March 31, 2005, is continued pending hearing and determination of the appeal.

SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27462

J/sl

2005-00016 John Reynolds, et al., appellants, v Atlantis Marine World, LLC, respondent. (Index No. 616/03)

ORDER ON APPLICATION

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

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

M27450

J/sl

2005-01232 Ada Sepulveda, et al., appellants, v Alan S. Ripka, P.C. et al., respondents. (Index No. 7690/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 6, 2004.

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

M27445

J/sl

2005-00470 Maguy C. Sica, appellant, v Aristede Manns, Jr., et al., respondents. (Index No. 50544/01)

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, Kings County, dated November 19, 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

M27491

S/sl

2005-01019 Jyranda Thompson, appellant, v St. Christopher-Ottilie, respondent. (Index No. 44065/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an amended judgment of the Supreme Court, Kings County, dated January 14, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27438

S/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-00744 Robert Vago, et al., appellants, v Suren Kaylyakov, respondent. (Index No. 4968/02)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Nassau County, dated December 6, 2004.

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

ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the application is denied as academic.

SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27454

R/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-04175 Edward Wasilesky, appellant, v Karen Wasilesky, respondent. (Index No. 21663/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, dated March 30, 2005, pending hearing and determination of an appeal therefrom.

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

ORDERED that on the court's own motion, the notice of appeal from the order dated March 30, 2005, is treated as an application for leave to appeal and leave to appeal is granted; and it is further,

ORDERED that the motion is denied.

SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27448

J/sl

2004-05137, 2005-03827 Marion Woszczyna, respondent, v BJW Associates, et al., appellants, et al., defendants. (Index No. 3357/01)

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 appeals from two orders of the Supreme Court, Kings County, dated May 13, 2004, and March 22, 2005, respectively.

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

M27435

M/nal

2005-03157 In the Matter of Aidan A. (Anonymous). Orange County Department of Social Services, petitioner-respondent; David A. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of David A. (Anonymous). Orange County Department of Social Services, petitioner-respondent; David A. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. N-3902/04, N-3903/04)

ORDER TO SHOW CAUSE

Appeal by David A. from an order of the Family Court, Orange County, dated March 21, 2005. By decision and order on motion of this court dated May 17, 2005 the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before June 28, 2005. The appellant has failed to do so. 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 proceedings 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 August 1, 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

M27429

M/nal

2005-04306 In the Matter of Nicholas A. (Anonymous), appellant. (Docket No. D-04974-04)

SCHEDULING ORDER

Appeal by Nicholas A. from an order of the Family Court, Nassau County, dated April 25, 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 September 8, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27407

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-04427 In the Matter of Cantina B. (Anonymous). Administration for Children's Services, appellant, Kerwin B. (Anonymous), et al., respondents. (Docket No. N-36406-04)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the attorney for the respondent Kerwin B. to be relieved of an assignment to represent the respondent on an appeal from an order of the Family Court, Kings County, dated April 13, 2005.

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

ORDERED that the motion is granted, and the attorney for the respondent, Daniel H. Levy, Esq., 32 Court Street, Brooklyn, New York 11201, is directed to turn over all papers in the action to the new attorney for the respondent herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the respondent to represent the respondent Kerwin B.:

Richard Cardinale, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27399

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-04265, 2005-04270 In the Matter of Jamela B. (Anonymous). Westchester County Department of Social Services, appellant; Josephine S. (Anonymous), et al., respondents. (Docket No. N-10348-03)

DECISION & ORDER ON MOTION

Motion by the respondent Josephine S. for leave to defend appeals from two orders of the Family Court, Westchester County, both dated April 5, 2005, as a poor person and for the assignment of counsel.

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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent Josephine S. to defend the appeals:

John F. DeChiaro, Esq.

2001 Palmer Road - Suite 204

Larchmont, New York 10538

(914) 834-4400

and it is further,

ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27401

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-04265, 2005-04270 In the Matter of Jamela B. (Anonymous). Westchester County Department of Social Services, appellant; Mamadu B. (Anonymous), et al., respondents. (Docket No. N-10348-03)

DECISION & ORDER ON MOTION

Motion by the respondent Mamadu B. for leave to defend appeals from two orders of the Family Court, Westchester County, both dated April 5, 2005, as a poor person and for the assignment of counsel.

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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent Mamadu B. to defend the appeals:

Darren DeUrso, Esq.

470 Mamaroneck Avenue - Suite 204

White Plains, New York 10605

(914) 946-9468

and it is further,

ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27467

M/nal

2004-04654, 2004-08102, 2004-08104 In the Matter of Joshua B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Steven H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Shanice H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of James B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Scott H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Malik H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Docket Nos. N-03477-02, N-03478-02, N-03479-02 N-03480-02, N-03481-02, N-03482-02)

SCHEDULING ORDER

Appeals by Steven H. from an order of the Family Court, Queens County, dated April 21, 2004 and two orders of the same court dated August 25, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 1, 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

M27436

S/sl

2004-10903 In the Matter of Chubb Group of Insurance Carriers, petitioner-appellant, v Gregory DePalma, et al., respondents, Anastasia Kitsios, et al., respondents-appellants. (Index No. 19862/03) In the Matter of Allstate Insurance Company, petitioner-respondent, v Gregory DePalma, et al., respondents-respondents, Chubb Group of Insurance Carriers, et al., appellants. (Index No. 19921/03)

ORDER ON APPLICATION

Application by the appellant Chubb Group of Insurance Carriers pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Westchester County, entered November 8, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until August 29, 2005, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27472

J/sl

2004-03293 In the Matter of Crescent Contracting Corp., appellant, v Metropolitan Transportation Authority, et al., respondents. (Index No. 28715/03)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge their time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 26, 2004, and separate application by the appellant to enlarge the time to serve and file a reply brief.

ORDERED that the applications are granted; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until August 11, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the appellant's time to serve and file a reply brief is enlarged, and the reply brief must be served and filed on or before September 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27406

F/

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-05011 In the Matter of Tiffany D. (Anonymous), appellant. (Docket No. D-6478-04)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated May 20, 2005, as a poor person, and for the assignment of counsel.

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 Law Guardian, Michael D. Carlin, Esq., 40 Exchange Place, Suite 1706, New York, New York 10005, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:

Jeffrey Bluth, Esq.

415 Albermarle Road

Brooklyn, New York 11218

(718) 435-5357

and it is further,

 ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27430

M/nal

2005-02110, 2005-02491 In the Matter of Tynell Da'ron D. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Christina D. (Anonymous), respondent; Delmus W. (Anonymous), nonparty-appellant. (Proceeding No. 1) In the Matter of Ty'Niece Navarrone D. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Christina D. (Anonymous), respondent; Delmus W. (Anonymous), nonparty-appellant. (Proceeding No. 2) (Docket Nos. B-16948-03, B-16949-03)

ORDER TO SHOW CAUSE

Appeals by Delmus W. from two orders of the Family Court, Suffolk County, both entered January 28, 2005. By decision and order on motion of this court dated May 25, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before June 29, 2005. The appellant has failed to do so. 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 appeals in the above-entitled proceedings 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 August 1, 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

M27402

F/

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-03271 In the Matter of Zakkariyya D. (Anonymous). Suffolk County Department of Social Services, respondent; Satari D. (Anonymous), appellant. (Docket No. N-1648-01)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, entered February 25, 2004, as a poor person, and for the assignment of counsel.

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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Legal Aid Society of Suffolk County

Office & P.O. Address

John P. Cohalan Jr. Court Complex

Family Court Bureau

400 Carleton Avenue, P.O. Box 9082

Central Islip, New York 11722-9082

(631) 853-4343

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27256

M/nal

2005-04290 In the Matter of Jasmine E. (Anonymous), respondent; Presentment Agency, appellant. (Docket No. D-1665-05)

SCHEDULING ORDER

Appeal by the Presentment Agency from an order of the Family Court, Orange County, dated April 8, 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

M27064

S/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-00364 In the Matter of East Temple of Melchizedek of House of Seltzer, appellant, v Town Assessor of Town of Huntington, et al., respondents. (Index No. 15655/04)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, entered December 15, 2004.

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

ORDERED that on the court's own motion the appellant's notice of appeal is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c}); and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 1, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27439

S/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-00305 In the Matter of Moses Eisig, a/k/a Moshe Eisig, a/k/a Morris Eisig, deceased. Eyal Eisig, et al., appellants; Hadasa Sauberman, respondent. (File No. 541/03)

DECISION & ORDER ON MOTION

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 Surrogate's Court, Rockland County, dated November 22, 2004.

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

ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as the order is not appealable by right or by permission (see Savarese v City of New York Housing Auth., 172 AD2d 506); and it is further,

ORDERED that the application is denied as academic.

SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27453

R/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-06144 In the Matter of Farouk Elnazer, appellant, v Department of Housing Preservation and Development, etc., respondent. (Index No. 80061/05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of a judgment of the Supreme Court, Richmond County, dated May 31, 2005, pending hearing and determination of an appeal therefrom.

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, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27461

M/nal

2004-01291, 2004-01292, 2005-06031 In the Matter of Carlton F. (Anonymous), appellant. (Docket Nos. D-25806/03, D-22763/03)

SCHEDULING ORDER

Appeals by the juvenile from two orders of the Family Court, Kings County, dated January 26, 2004, and January 27, 2004, and an amended order of the same court, dated June 17, 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 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

M27405

F/

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE, JJ.

2005-01272 In the Matter of Joseph Fallarino, respondent, v Sharan Ayala, appellant. (Docket No. V-3132-02)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated December 20, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Amy Colvin, Esq.

P.O. Box 2091

Halesite, New York 11743-2210

(631) 424-8495

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27397

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-04526 In the Matter of Robert L. Farina, respondent, v Jenny McKevitt, appellant. (Docket No. V-2147-01)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Nassau County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Nassau County, dated May 13, 2004, and for leave to the appellant to prosecute the appeal as a poor person.

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

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

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Court Act § 1116); and it is further,

ORDERED that the stenographers(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Gail Jacobs, Esq.

47 Rose Avenue

Great Neck, New York 11021

(516) 773-3107

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27487

E/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-03391 In the Matter of Michael Fein, appellant, v Leigh Gilchrist, a/k/a Leigh Fein, respondent. (Docket No. F-17325/04)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Family Court, Suffolk County, dated March 4, 2005, inter alia, to enlarge the record on appeal to include the parties' judgment of divorce and separation agreement.

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 record on appeal to include the parties' judgment of divorce and separation agreement is denied as unnecessary as that material is already part of the original papers; and it is further,

ORDERED that the motion is otherwise denied.

SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27463

M/nal

2004-08796 In the Matter of Leah G. (Anonymous), appellant. (Docket No. D-8164/04)

SCHEDULING ORDER

Appeal by Leah G. from an order of the Family Court, Queens County, dated September 8, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 8, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M27433

M/nal

2004-10837 In the Matter of Philip Hanfling, respondent, v Cheryl Hanfling, appellant. (Docket No. V-18391-02)

SCHEDULING ORDER

Appeal by Cheryl Hanfling from an order of the Family Court, Nassau County, dated November 19, 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 20, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27431

M/nal

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-08984 In the Matter of Jennifer L. Hosza-Dzielak, respondent, v Andrea Hosza, appellant. (Docket No. F-02839/04)

SCHEDULING ORDER

Appeal by Andrea Hosza from an order of the Family Court, Nassau County, dated August 25, 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 29, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27449

S/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-05624 In the Matter of Ali Kourani, respondent, v Teodolinda Coello, appellant. (Docket Nos. V-14155-04, V-14156-04)

ORDER TO SHOW CAUSE

Appeal by Teodolinda Coello from an order of the Family Court, Queens County, dated May 10, 2005.

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

ORDERED that the parties or their attorneys show cause before this court why an order should not be made and entered dismissing this appeal on the ground that the order was entered upon the consent of the appellant (see CPLR 5511), by each filing an affirmation on that issue in the office of the Clerk of this court on or before August 9, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the attorneys for the respective parties.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27440

M/nal

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-05639 In the Matter of Terrell L. (Anonymous). Suffolk County Department of Social Services, respondent; Michael L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Michelle L. (Anonymous). Suffolk County Department of Social Services, respondent; Michael L. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-17703-03, N-17704-03)

SCHEDULING ORDER

Appeal by Michael L. from an order of the Family Court, Suffolk County, dated June 16, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 14, 2005.

On the court's own motion, it is

ORDERED that the scheduling order dated June 8, 2005 in the above-entitled appeal is amend by deleting therefrom the words "June 15, 2005," and substituting therefor the words "July 15, 2005."

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27460

M/nal

2005-02595 In the Matter of Joann S. Marks, respondent, v Anthony Cascio, et al., appellants. (Docket Nos. V-20269/04, V-20271/04)

SCHEDULING ORDER

Appeals, by permission, by Anthony Cascio and Amy Cascio from an order of the Family Court, Suffolk County, dated February 22, 2005. The appellants' brief was filed in the office of the Clerk of this court on July 8, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M27469

M/nal

2005-00315 In the Matter of Derrick Mc. (Anonymous), appellant. (Docket No. D-19739/04)

SCHEDULING ORDER

Appeal by Derrick Mc. from an order of the Family Court, Kings County, dated December 17, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 6, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M27434

M/nal

2005-02895, 2005-02958 In the Matter of John McMann, appellant, v Joy Lang, respondent. (Proceeding No. 1) In the Matter of Joy Lang, respondent, v John McMann, appellant. (Proceeding No. 2) (Docket Nos. V-14232-04, V-14639-04, O-16025-04)

ORDER TO SHOW CAUSE

Appeals by John McMann from two orders of the Family Court, Suffolk County, both dated March 15, 2005. By scheduling order dated April 6, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

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 appeals in the above-entitled proceeding for failure to comply with the scheduling order dated April 6, 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 August 1, 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

M27103

M/nal

2004-05356 In the Matter of Francine Mitchell, respondent, v Lesly Remy, appellant. (Docket No. F-00825-92)

SCHEDULING ORDER

Appeal by Lesly Remy from an order of the Family Court, Queens County, dated May 7, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 27, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M27426

M/nal

2004-01828, 2004-06412, 2004-06413 In the Matter of Shahzada Q. Mohammad, respondent, v Abdul Q. Mohammad, appellant. (Docket Nos. V-26688/99, V-27057/99)

SCHEDULING ORDER

Appeals by Abdul Q. Mohammad from three orders of the Family Court, Kings County, dated February 26, 2004, July 2, 2004, and June 28, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on January 28, 2005, the respondent's brief was served and filed on May 2, 2005, and the law guardian's brief was served and filed on June 29, 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 time to serve and file a reply brief on the appeal is enlarged until July 29, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27428

M/nal

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM A. MASTRO

ROBERT A. SPOLZINO, JJ.

2004-03428 In the Matter of Kenneth Moreno, respondent, v Maria Cruz, appellant. (Docket No. V-09793/99)

SCHEDULING ORDER

Appeal by Maria Cruz from an order of the Family Court, Kings County, dated March 18, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 13, 2005, and the respondent's brief was served and filed on June 27, 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 law guardian's time to serve and file a brief on the appeal is enlarged until August 8, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27432

M/nal

2004-08898 In the Matter of Kristen Nilsen, respondent, v Robert Slowey, appellant. (Docket No. O-14910-04)

SCHEDULING ORDER

Appeal by Robert Slowey from an order of the Family Court, Suffolk County, dated September 8, 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 18, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27409

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-04463 In the Matter of Anthony O. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Docket No. N-103-04)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated April 18, 2005, as a poor person, and for the assignment of counsel.

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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Izhak Ben-Meir, Esq.

720 Milton Road - Apt. 4B

Rye, New York 10580

(914) 967-3991

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27410

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-04557 In the Matter of Toniann Otto, respondent, v Jeffrey L. Otto, appellant. (Docket No. O-5334-05)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to defend an appeal from an order of the Family Court, Suffolk County, dated April 7, 2005, as a poor person and for the assignment of counsel.

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

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

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defendant the appeal:

Del Atwell, Esq.

P.O. Box 2516

Montauk, New York 11954

(631) 267-2067

and it is further,

ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27408

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2005-03895 In the Matter of Cheri Roberts, respondent, v Terry Gray, Sr., appellant. (Docket Nos. V-3914-99 V-3915-99, V-3916-99)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the attorney for the respondent to be relieved of an assignment to represent the respondent on an appeal from an order of the Family Court, Richmond County, dated April 21, 2005.

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

ORDERED that the motion is granted, and the attorney for the respondent, Richard D. Katz, Esq., 43 New Dorp Plaza, Staten Island, New York 10306, is directed to turn over all papers in the action to the new attorney for the respondent herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the respondent to represent the respondent:

Yasmin Daley-Duncan, Esq.

218 Smith Street

Brooklyn, New York 11201

(718) 284-3575

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27427

R/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-05823 In the Matter of Richard S. Sikorski, respondent, v Electric Battery Corp., appellant. (Index No. 28875/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated May 11, 2005, inter alia, to stay all proceedings in this matter 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 granted and all proceedings in this matter are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 12, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 12, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27482

O/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-06270 In the Matter of Town Board of the Town of Smithtown, et al., appellants, v New York State Urban Development Corp., et al., respondents. (Index No. 10379/05)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated June 23, 2005, and to stay the sale of the subject real property 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 branch of the motion which is for leave to appeal is denied as unnecessary and the appellants motion papers are deemed to be a timely notice of appeal from the order dated June 23, 2005; and it is further,

ORDERED that the motion is otherwise denied.

SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27437

E/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-05620 In the Matter of Tatjana Vanjak, appellant, v Emil Pesa, respondent. (Docket No. 2296-98/05)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for leave to appeal to this court from an order of the Supreme Court, Richmond County, dated July 8, 2005, and to stay the father's visitation with the subject children pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to stay visitation is granted to the extent that pending hearing and determination of the appeal or further order of the Family Court, Richmond County, the father is to have visitation with all three children together for two hours per week, to be supervised by a qualified mental health professional (not Polly H. Howells or Dr. Bernice H. Shaul), whose services will be paid for by the mother, that the visitation will take place at the office of the mental health care professional or some other safe place as agreed upon by the parties, and that only English shall be spoken, and that the branch of the motion which is to stay visitation is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M27391

F/

HOWARD MILLER, J.

2005-04566 The People, etc., plaintiff, v Jean Marc DeSmarat, defendant. (Ind. No. 4409/02)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated April 1, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

HOWARD MILLER

Associate Justice

Appellate Division: Second Judicial Department

M26067

S/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-04552 The People, etc., respondent, v Axel Delgado, appellant. (Ind. No. 10576/96)

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

Motion by the appellant for leave to prosecute an appeal from a resentence of the Supreme Court, Queens County, imposed April 8, 2005, pursuant to chapter 738 of the Laws 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's motion papers; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the resentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

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

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

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

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

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

Laura R. Johnson, Esq.

Legal Aid Society

199 Water Street, 5th Floor

New York, New York 10038

and it is further,

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

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

S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

97-A-3877

Eastern Corr. Fac.

P.O. Box 338

Napanoch, New York 12458-0338

Appellate Division: Second Judicial Department

M27412

F/

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-03495 The People, etc., respondent, v Kevin Evans, appellant. (Ind. No. 10803/03)

DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes

Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Queens County, rendered April 5, 2005, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.

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

ORDERED that the branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,

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

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

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

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

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

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

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

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

ORDERED that retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

Jason L. Russo, Esq.

123 Grove Avenue

Cedarhurst, New York 11516

Appellate Division: Second Judicial Department

M26460

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-10658 The People, etc., respondent, v Jamel Hylton, a/k/a Jamael Hylton, appellant. (Ind. No. 8695/02)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered January 9, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on May 18, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

Laura R. Johnson, Esq.

Criminal Appeals Bureau

The Legal Aid Society

199 Water Street, 5th Floor

New York, New York 10038

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

ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Charles T. Glaws, Esq.

61 Broadway - Suite 2715

New York, New York 10006

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 0152

Ogdensburg Corr. Fac.

One Correction Way

Ogdensburg, New York 13669

Appellate Division: Second Judicial Department

M27415

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2003-05038 The People, etc., respondent, v Sharron Ivory, appellant. (Ind. No. 8181/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 22, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 3062

Clinton Corr. Fac.

Box 2001

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M27447

S/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

STEVEN W. FISHER, JJ.

2002-09952 The People, etc., respondent, v Charles Kimbrough, appellant. (Ind. No. 00-00458)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated June 23, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent to strike the appellant's brief on an appeal from a judgment of the County Court, Orange County, rendered October 23, 2002, on the ground that the appellant failed to serve the complete transcript upon the respondent, and for an enlargement of time to serve and file its brief.

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

ORDERED that branch of the motion which is to strike the appellant's brief is denied as academic as the respondent has received any missing transcripts.

ADAMS, J.P., S. MILLER, RITTER and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26456

F/

HOWARD MILLER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2003-07905 The People, etc., respondent, DECISION & ORDER v Juan Mendez, appellant. (Ind. No. 3236/02)

ON MOTION Motion Pro se to Relieve Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered August 21, 2003, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on December 8, 2003, and the following named attorney was assigned to prosecute the appeal:

Laura R. Johnson, Esq.

Criminal Appeals Bureau

The Legal Aid Society

199 Water Street, 5th Floor

New York, New York 10038

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

ORDERED that the motion is granted; previously assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Adam Toraya, Esq.

67 Wall Street - Suite 2211

New York, New York 10005

and it is further,

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

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

H. MILLER, J.P., RIVERA, SPOLZINO, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27414

F/

THOMAS A. ADAMS, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-06682 The People, etc., respondent, v Robert Moore, appellant. (Ind. No. 241/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Richmond County, rendered July 22, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

ADAMS, J.P., COZIER, MASTRO, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 A 4313

Clinton Corr. Fac.

Box 2001

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M27411

F/

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-09456 The People, etc., respondent, v Keith Newborn, appellant. (Ind. No. 1970-03)

DECISION & ORDER ON MOTION

Motion by Christopher J. Cassar, P.C., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered October 14, 2004, and to continue the appellant's poor person status on the appeal. The appellant's motion to dispense with printing and for the assignment of counsel was granted on December 2, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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

ORDERED that the motion is granted; and assigned counsel is directed to turn over all papers in the action to retained counsel:

Christopher J. Cassar, P.C.

13 East Carver Street

Huntington, New York 11743

and it is further,

ORDERED that the appellant's poor person status is continued; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Retained Attorney:

Christopher J. Cassar, P.C.

13 East Carver Street

Huntington, New York 11743

Appellate Division: Second Judicial Department

M27481

E/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2002-06564 The People, etc., respondent, v Willie Peoples, appellant. (Ind. No. 8857/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, for leave to file a supplement to his supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered July 2, 2002.

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 file a supplement to the supplemental brief is granted, and the appellant shall file nine copies of the supplement to the supplemental brief and serve one copy on the District Attorney on or before September 12, 2005; and it is further,

ORDERED that the motion is otherwise denied.

SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27465

J/sl

2003-05512 The People, etc., respondent, v James Pettus, appellant. (Ind. No. 6013/02)

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 a judgment of the Supreme Court, Kings County, rendered June 18, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before July 20, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26459

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2000-10333 The People, etc., respondent, v Ishawn Pitts, appellant. (Ind. No. 1954/00)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered November 8, 2000. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on May 18, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

Laura R. Johnson, Esq.

Criminal Appeals Bureau

The Legal Aid Society

199 Water Street, 5th Floor

New York, New York 10038

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

ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Patrick Hayes, Esq.

4616 5th Avenue

Brooklyn, New York 11220

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

00 A 6561

Southport Corr. Fac.

Box 2000

Pine City, New York 14871