Appellate Division: Second Judicial Department

M27761

L/

2005-00358 Mimose Azor, respondent, v Jose V. Guerreo, et al., defendants, Clermina Leconte, appellant. (Index No. 26965/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 26, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M27719

2004-09956 Banc One Financial Services, Inc., respondent, v Rosa Carter, a/k/a Rosa B. Carter, etc., appellant. (Index No. 02471/02)

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 October 6, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M27730

L/

2005-05678 Ramash Boodnie, et al., respondents, v Cherly Braghieri, et al., appellants. (Index No. 194/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 19, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M27743

L/

2005-02755 Dawn Brissett, appellant, v Brian J. Wing, etc., et al., respondents. (Index No. 2843/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.

Upon the stipulation of the parties, dated June 23, 2005, and July 1, 2005, respectively, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27783

L/

2005-06195 Ernestine Bryan, plaintiff-respondent, v Consolidated Bus Terminal, Inc., et al., appellants, Darnella Kingsberry, defendant- respondent. (Index No.24902/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 11, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27741

L/

2005-02756 Maria Caban, appellant, v Brian J. Wing, etc., et al., respondents. (Index No. 21345/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.

Upon the stipulation of the parties, dated June 23, 2005, and July 1, 2005, respectively, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27803

L/

2005-04934 Edgar A. Calderon, plaintiff-respondent, v Harpeet Singh, et al., appellants, Freddie Munis, defendant-respondent. (Index No. 40050/02)

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 21, 2005, it is

ORDERED that the appeal is marked withdrawn insofar as asserted against the plaintiff-respondent, Edgar A. Calderon.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27728

L/

2004-10941 Nettiea Canty, appellant, v Avery C. Winters, et al., respondents. (Index No. 23182/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 3, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27740

L/

2005-02764 Claribel Caro, appellant, v Brian J. Wing, etc., et al., respondents. (Index No. 9174/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.

Upon the stipulation of the parties, dated June 23, 2005, and July 1, 2005, respectively, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27638

S/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2003-04738, 2003-06304 Niki Marie Cleary, etc., et al., plaintiffs-appellants, v Reliance Fuel Oil Associates, Inc., defendant- respondent-appellant, Bock Water Heaters, Inc., et al., respondents, Nicholas Cerulli, et al., defendants-appellants. (Index No. 4546/98)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-appellants for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated April 29, 2003, and a judgment of the same court entered June 26, 2003, which were determined by decision and order of this court dated April 18, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

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

ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is denied as unnecessary (see CPLR 5601[a]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27697

S/sl

2004-10119 Neal Compass, et al., appellants-respondents, v County of Nassau, et al., respondents, Nassau University Medical Center, et al., respondents-appellants. (Index No. 10250/03)

ORDER ON APPLICATION

Application by the appellants-respondents 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 February 26, 2004.

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

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until August 15, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27762

L/

2005-05445 Concordia General Contracting Company, Inc., respondent, v George Roberta, et al., appellants. (Index No. 7834/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 19, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27738

L/

2005-02766 Chrystal Crawford, appellant, v Brian J. Wing, etc., et al., respondents. (Index No. 1039/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.

Upon the stipulation of the parties, dated June 23, 2005, and July 1, 2005, respectively, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27742

M/nal

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-01082 Steven DiGiorgi, appellant, v Carolyn DiGiorgi, respondent. (Index No. 23320-01)

SCHEDULING ORDER

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

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until August 1, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27644

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2000-08480 Estate of Rudolph Ciejka, et al., respondents, v Town of Islip, et al., defendants, Adrienne- Vinny Sanitation, Inc., respondent-appellant, Kozy Kabin, et al., appellants-respondents. (Index No. 32074/92)

ORDER TO SHOW CAUSE

Appeal by the defendants Kozy Kabin and Irving Scott and cross appeal by the defendant Adrienne-Vinny Sanitation, Inc., from an order of the Supreme Court, Suffolk County, dated July 26, 2000. The appellants-respondents perfected the appeal on March 6, 2001. By letter dated July 6, 2001, the court was advised that the action had been settled and the appeal and cross appeal would be withdrawn. The parties have not withdrawn their respective appeals.

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

ORDERED that the appellants-respondents and the respondent-appellant or their attorneys are directed to show cause why the appeal and cross appeal should or should not be dismissed as abandoned by filing affirmations on that issue with the Clerk of this court on or before August 5, 2005; and it is further,

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

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27696

S/sl

2005-05807 Andrea Fonville, respondent, v Timothy Shepherd, appellant. (Index No. 10356/03)

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, Kings County, dated May 6, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27797

L/

2005-00281 Annette Forti, respondent, v SK 55 Wall, LLC, et al., appellants. (Index No. 34091/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated October 27, 2004.

Upon the stipulation of the parties, dated March 30, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27747

R/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2004-02973, 2004-07021 Nicki Fotiadis, appellant, v John Fotiadis, respondent. (Index No. 200673/02)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Nassau County, entered February 19, 2004, and July 17, 2004, respectively, which were determined by decision and order of this court dated May 23, 2005, inter alia, to stay the trial of an action entitled Fotiadis v Fotiadis, pending in the Supreme Court, Nassau County, under Index No. 200611/04.

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

ORDERED that the motion is denied.

RITTER, J.P., GOLDSTEIN, LUCIANO and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27765

L/

2005-01939 Jennifer Gage, appellant, v Bard College, respondent. (Index No. 30722/04)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated January 11, 2005.

Upon the stipulation of the parties, dated June 29, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27679

M/nal

2005-06284, 2005-06285 Barbara O. Galgano, respondent, v Louis J. Galgano III, appellant. (Index No. 17483/99)

SCHEDULING ORDER

Appeals by Louis J. Galgano III from two orders of the Supreme Court, Westchester County, both dated April 21, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 Supreme Court action to be transcribed for the appeals; or

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27736

L/

2005-00839 Milagros Garcia, appellant, v Brian J. Wing, etc., et al., respondents. (Index No. 12835/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated November 29, 2004.

Upon the stipulation of the parties, dated June 23, 2005, and July 1, 2005, respectively, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27641

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-01176 Kathleen A. Haase, appellant, v Wei G. Gou, et al., respondents. (Index No. 11459/01)

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 a decision of the Supreme Court, Suffolk County, dated December 17, 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.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27782

L/

2005-04082 Renee Hirsch, et al., appellants, v Board of Education Bellmore Merrick Central High School District, respondent. (Index No. 13537/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 28, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27735

L/

2005-02753 Capri Howard, appellant, v Brian J. Wing, etc., et al., respondents. (Index No. 7179/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated November 28, 2004.

Upon the stipulation of the parties, dated June 23, 2005, and July 1, 2005, respectively, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27706

M/nal

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-10945 Michael Jean, appellant, v Christina Vilar Jean, respondent. (Index No. 11099/02)

SCHEDULING ORDER

Appeal by Michael Jean from a judgment of the Supreme Court, Queens County, dated October 27, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27769

L/

2005-01235 Anthony Kanellos, et al., appellants-respondents, v Tilcon New York, Inc., respondent-appellant. (Index No. 6694/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants-respondents and the respondent-appellant to withdraw an appeal and cross appeal from an order of the Supreme Court, Rockland County, dated January 5, 2005.

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

ORDERED that the applications are granted and the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27776

L/

2004-11319 Ian Karim, plaintiff-appellant, v Natural Stone Industries, Inc., et al., defendants-appellants, Bay Crane Services, Inc., defendant-respondent, et al., defendant (and a third-party action). (Index Nos. 6031/03, 350453/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Ian Karim, to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 3, 2004.

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

ORDERED that the application is granted and the appeal by Ian Karim is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27764

L/

2005-04309 Mushel Khanimov, et al., respondents, v Ivan Belyayev, defendant, Xing Su Dai, et al., appellants. (Index No. 8046/02 )

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 2, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27751

L/

2005-02660 Cheryl Klein, appellant, v Brian J. Wing, etc., et al., respondents. (Index No. 8660/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.

Upon the stipulation of the parties, dated June 23, 2005, and July 1, 2005, respectively, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27788

L/

2005-01664 Carol A. Kuzmyak, respondent, v Jeffrey R. O'Neil, et al., appellants. (Index No. 22847/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 3, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27755

L/

2005-02031 Law Office of Mark Geoffrey Kirshner, P.C., respondent, v Consumer Budget Counseling, Inc., et al., appellants. (Index No. 1681/95)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 26, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27787

L/

2005-04064 Steven G. Legum, respondent, v Mounir Khalil, appellant. (Index No. 3/04)

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 March 17, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27722

L/

SONDRA MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-09040 Joseph M. Leone, respondent, v Jeane Leone, etc., et al., appellants. (Index No. 8649/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 22, 2003.

Upon the stipulation of the attorneys for the respective parties, dated June 21, 2005, it is

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

S. MILLER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27724

R/sl

HOWARD MILLER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-05931 Local Concrete, Inc., respondent, v VRD Contracting, Inc., et al., defendants, Center Island Ready Mix Corp., appellant. (Index No. 4332/04)

DECISION & ORDER ON MOTION Motion to Withdraw Appeal

Motion by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 17, 2004.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27750

L/

2004-07283 Licia Lynch, appellant, v Dotline Hylton, a/k/a Dotline Lipman, respondent, et al., defendant. (Index No. 14235/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 28, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27772

L/

2005-04655 M. Fund, Inc., plaintiff-respondent, v Selwyn Carter, defendant-respondent, K&G Developers of N.Y., Inc., appellant. (Index No. 22445/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 12, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27774

L/

2004-10578 Matthieu Maceno, appellant, v Franklin Hospital Medical Center, et al., respondents. (Index No. 1770/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 29, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27640

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-10966 John McCormack, et al., plaintiffs-respondents, v Universal Carpet & Upholstery Cleaners, defendant-appellant, VF Properties LLC, defendant third-party plaintiff-appellant; Montauk Rug & Carpet, third-party defendant- respondent. (Index No. 7459/01)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief to the brief submitted by the third-party defendant-respondent, Montauk Rug & Carpet, on an appeal from an order of the Supreme Court, Suffolk County, dated November 5, 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 reply brief submitted in response to the brief of the plaintiffs-respondents is stricken and on or before August 15, 2005, the appellants shall file a single reply brief in response to the briefs of the plaintiffs-respondents and the third-party defendant-respondent; and it is further

ORDERED that the application is denied as academic.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27655

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-09371 Kevin McDonald, respondent-appellant, v Sunstone Associates, appellant-respondent, Spring Scaffolding, Inc., defendant third-party plaintiff-respondent; Seasons Floral Studio, third-party defendant-respondent. (Index No. 25931/01)

ORDER TO SHOW CAUSE

The defendant Sunstone Associates having appealed and the plaintiff having cross appealed to this court from an order of the Supreme Court, Queens County, dated October 5, 2004, and this court having noticed the matter for a CAMP conference, and, counsel for the respondent-appellant having failed to appear at the conference without excuse.

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

ORDERED that counsel for the respondent-appellant show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2), by filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on all parties to the action on or before August 5, 2005; and it is further,

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

H. MILLER, J.P., COZIER, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27784

L/

2004-10510 Daniel McGovern, respondent-appellant, v Frances McGovern, appellant-respondent. (Index No.201992/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellant-respondent and the respondent-appellant to withdraw an appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated August 10, 2004.

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

ORDERED that the applications are granted and the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27710

S/sl

2005-02699 Merchants Insurance Company, a/s/o Poulos, respondent, v City Employees Union Local 237 Teamsters, appellant. (Index No. 5403/02)

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, Suffolk County, dated February 22, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 17, 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

M27733

T/sl

2004-10579 Deborah Mitchell, appellant, v TAM Equities, Inc., et al., respondents. (Index No. 10192/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 18, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 29, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27698

S/sl

2004-10705 Richard Molyneaux, et al., appellants, v City of New York, et al., defendants-respondents, Van Tag Contracting Corp., defendant third-party plaintiff-respondent, et al., defendants; CPB, Inc., d/b/a Trade Images, et al., third-party defendants- respondents. (Index No. 17545/01)

ORDER ON APPLICATION

Application by the respondent CPB, Inc., d/b/a Trade Images pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated October 22, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27723

T/sl

2005-02559 Sonya Nielsen, appellant, v Metro-North Commuter Railroad Company, respondent. (Index No. 5422/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Dutchess County, dated March 3, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before July 25, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27759

L/

2004-11176 Moshe Nimirovski, et al., respondents, v Vornado Realty Trust Co., et al., defendants, Kings Plaza Shopping Center of Avenue U, et al., defendants second and fifth third-party plaintiffs- appellants; Capone & Denilo, Inc., first, second, and third third-party defendant-appellant; BNJ Construction Corp., fifth and sixth third-party defendant-appellant; BNF Contractors, Inc., seventh and eighth third-party defendant-appellant (and other third-party actions). (Index No. 19321/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the seventh and eighth third-party defendant-appellant BNF Contractors, Inc., to withdraw its appeal from an order of the Supreme Court, Kings County, dated October 29, 2004.

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

ORDERED that the application is granted and the appeal by the seventh and eighth third-party defendant-appellant BNF Contractors, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27756

L/

2005-04501 Ida O'Connor, respondent, v Pathmark Stores, Inc., appellant. (Index No. 11012/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 29, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27796

L/

2005-06246 Patrick O'Connor, et al., appellants, v Spencer (1997) Investment Ltd. Partnership, et al., respondents, et al., defendants. (Index No. 10372/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 16, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27634

A/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-08065 Nicholas Pacinello, respondent, v Scott R. Cohen, appellant. (Index No. 11021/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered August 23, 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 17, 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.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27744

L/

2005-02735 Tyia Patrick, appellant, v Brian J. Wing, etc., et al., respondents. (Index No. 3645/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.

Upon the stipulation of the parties, dated June 23, 2005, and July 1, 2005, respectively, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27753

L/

2005-02719 Valentina Petrucelli, appellant, v Brian J. Wing, etc., et al., respondents. (Index No. 19661/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated November 23, 2004.

Upon the stipulation of the parties, dated June 23, 2005, and July 1, 2005, respectively, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27731

T/sl

2004-08608 Ulrick Placide, et al., appellants, v Yadid, LLC, respondent, et al., defendants. (Index No. 23012/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated July 28, 2004.

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

M27720

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-09443 Brian W. Quigley, respondent, v Sharon R. Schiess, appellant. (Index No. 19786/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 14, 2004.

Upon the stipulation of the attorneys for the respective parties, dated June 14, 2005, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27403

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-08460 Linda A. Rackis, appellant, v Robert C. Adelman, respondent. (Index No. 11036/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Richmond County, dated July 20, 2004, to strike the respondent's brief, inter alia, on the ground that it does not comply with the rules of this court.

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

ORDERED that the motion is granted, and the respondent's brief is stricken and has not been considered in determination of the appeal.

FLORIO, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27758

L/

2005-04589 Anthony Raffio, respondent, v Jeffrey Sider, defendant, North Shore University Hospital of Plainview, et al., appellants. (Index No. 4448/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 23, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27654

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-02494 Jonathan Ramirez, etc., et al., appellants, v Cesar R. Parache, respondent. (Index No. 29739/02)

ORDER TO SHOW CAUSE

The plaintiffs having appealed to this court from an order of the Supreme Court, Queens County, dated January 28, 2005, and this court having noticed the matter for a CAMP conference, and, counsel for the appellants having failed to appear at the conference without excuse.

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

ORDERED that counsel for the appellants show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2), by filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on all parties to the action on or before August 5, 2005; and it is further,

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

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27659

Y/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-09320 Deonarine Ramnarain, appellant, v Chandradat Ramnarain, et al., respondents. (Index No. 24620/98)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 20, 2004.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until August 16, 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.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27726

L/

2004-10436 Angel Nicole Redmond, etc., respondent, v Jamaica Hospital Medical Center, et al., appellants. (Index No. 20270/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Jamaica Hospital Medical Center to withdraw its appeal from an order of the Supreme Court, Queens County, dated October 27, 2004.

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

ORDERED that the application is granted and the appeal by Jamaica Hospital Medical Center is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27686

A/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-03082 Marianna Reis, respondent, v William & John Street Associates, LLC, et al., appellants. (Index No. 15539/00)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated March 16, 2004, which was determined by decision and order of this court dated April 18, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

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

COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27717

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-08758 Elsa Rockelein, respondent, v Ryzard Kolosinski, et al., defendants, Prescott Service, In., et al., appellants. (Index No. 25203/02)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 23, 2004.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27801

L/

2004-07993 Irene Piscopo Rodgers, respondent, v Rita Piscopo, appellant. (Index No. 14105/03)

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 August 4, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27752

L/

2005-02722 Zindia Rodriguez, appellant, v Brian J. Wing, etc., et al., respondents. (Index No. 22191/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated November 23, 2004.

Upon the stipulation of the parties, dated June 23, 2005, and July 1, 2005, respectively, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27786

L/

2005-04198 Suzanne Roemer, appellant, v Kathryn Lazar, et al., respondents. (Index No. 20245/04)

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 5, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27661

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-02453 Eileen Salmon, appellant, v Four Cousins Corp., respondent. (Index No. 20130/00)

ORDER TO SHOW CAUSE

The plaintiff having appealed to this court from a judgment of the Supreme Court, Queens County, entered January 19, 2005, and this court having noticed the matter for a CAMP conference, and, counsel for the appellant having failed to appear at the conference without excuse.

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

ORDERED that counsel for the appellant show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2), by filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on all parties to the action on or before August 5, 2005; and it is further,

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

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27651

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-03253 Ronald Samuels, appellant, v Chrysler Financial Co., et al., respondents. (Index No. 29175/02)

ORDER TO SHOW CAUSE

The plaintiff having appealed to this court from an order of the Supreme Court, Kings County, dated March 14, 2005, and this court having noticed the matter for a CAMP conference, and, counsel for the appellant having failed to appear at the conference without excuse.

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

ORDERED that counsel for the appellant show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2), by filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on all parties to the action on or before August 5, 2005; and it is further,

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

H. MILLER, J.P., COZIER, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27794

L/

2005-06111 Samantha Schwartz, respondent, v Clarkstown Central School District, appellant. (Index No. 924/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated June 13, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27805

L/

2005-00822, 2005-00823 Sentrale Contracting Corporation, respondent, v Briarcliff Manor Union Free School District, appellant. (Index No. 1085/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from two orders of the Supreme Court, Westchester County, dated December 23, 2004, and December 20, 2004.

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

ORDERED that the application is granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27771

L/

2005-00383 Donna Shapiro, et al., appellants, v Eric Choe, et al., respondents. (Index No. 28478/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Queens County, entered November 8, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27757

L/

2005-03987 Brita Simmons, respondent, v Stuart Troy, et al., appellants. (Index No. 27841/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Majestic Sales, Corp., to withdraw its appeal from an order of the Supreme Court, Queens County, dated March 8, 2005.

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

ORDERED that the application is granted and the appeal by Majestic Sales, Corp., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27763

L/

2005-03248 Conceptie St. Fleuer, et al., respondents, v Northstar Life Insurance Company, appellant. (Index No. 6802/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 22, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27734

L/

2005-02748 Latasha Stevenson, appellant, v Brian J. Wing, etc., et al., respondents. (Index No. 4075/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.

Upon the stipulation of the parties, dated June 23, 2005, and July 1, 2005, respectively, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27754

L/

2005-00455 Virginia Tarleton, appellant-respondent v Houlihan/Lawrence, Inc., respondent- appellant. (Index No. 638/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Putnam County, dated Decembwe 17, 2004.

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

ORDERED that the application is granted and the appeal of the appellant-respondent is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27799

L/

2005-05295 Temple Bnai Shalom of Great Neck, etc., appellant, v Village of Great Neck Estates, et al., respondents. (Index No. 13603/02)

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 May 4, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27721

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-06045 Treeline Garden City Plaza, LLC, et al., appellants, v UBS Warburg Real Estate Investments, Inc., et al., respondents. (Index No. 16757/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 24, 2004.

Upon the stipulation of the attorneys for the respective parties, dated June 23, 2005, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27718

L/

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2004-01565 Gladys Vidal, respondent, v Manuel Vidal, appellant. (Index No. 7852/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 20, 2004.

Upon the stipulation of the attorneys for the respective parties, dated May 31, 2005, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27748

L/

2005-00859 Nicola Volpe, respondent-appellant, v Yonkers Contracting Company, Inc., appellant-respondent. (Index No. 33023/02)

ORDER ON APPLICATION9 Application to Withdraw Appeal

Application by the appellant-respondent to withdraw its appeal from an order of the Supreme Court, Queens County, dated December 10, 2004.

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

ORDERED that the application is granted and the appeal of the appellant-respondent is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27790

L/

2005-03520 Linda M. Wagner, et al., appellants, v Island Medical Care, P.C., et al., respondents. (Index No. 2399/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 7, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27672

A/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-00509 In the Matter of AIU Insurance Company, appellant, v Candita Nunez, et al., respondents- respondents; State Farm Mutual Automobile Insurance Company, proposed additional respondent-respondent, et al., proposed additional respondent. (Index No. 24525/03)

DECISION & ORDER ON MOTION

Motion by the proposed additional respondent-respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated December 5, 2003, which was determined by decision and order of this court dated April 25, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied.

CRANE, J.P., RIVERA, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27619

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03423 In the Matter of Anthony Joseph Alfero, an attorney and counselor-at-law. (Attorney Registration No. 2266260)

DECISION & ORDER VOLUNTARY RESIGNATION

Anthony Joseph Alfero has voluntarily submitted an affidavit dated March 31, 2005, wherein he resigns from the New York State Bar. Mr. Alfero was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 30, 1985. There are no complaints or charges of professional misconduct pending against him. Mr. Alfero presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Anthony Joseph Alfero is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27593

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-11063 In the Matter of A. Sidney Alpert, an attorney and counselor-at-law. (Attorney Registration No. 2123297)

DECISION & ORDER VOLUNTARY RESIGNATION

A. Sidney Alpert has voluntarily submitted an affidavit dated December 10, 2004, wherein he resigns from the New York State Bar. Mr. Alpert was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 19, 1969. There are no complaints or charges of professional misconduct pending against him. Mr. Alpert presently resides in Nevada, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of A. Sidney Alpert is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27596

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-10763 In the Matter of Thomas W. Andrews, an attorney and counselor-at-law. (Attorney Registration No. 1920271)

DECISION & ORDER VOLUNTARY RESIGNATION

Thomas W. Andrews has voluntarily submitted an affidavit dated December 27, 2004, wherein he resigns from the New York State Bar. Mr. Andrews was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 25, 1984. There are no complaints or charges of professional misconduct pending against him. Mr. Andrews presently resides in Maryland, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Thomas W. Andrews is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27606

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03020 In the Matter of Michael J. Barry, an attorney and counselor-at-law. (Attorney Registration No. 1227966)

DECISION & ORDER VOLUNTARY RESIGNATION

Michael J. Barry has voluntarily submitted an affidavit dated March 23, 2005, wherein he resigns from the New York State Bar. Mr. Barry was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 6, 1974. There are no complaints or charges of professional misconduct pending against him. Mr. Barry presently resides in Massachusetts, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Michael J. Barry is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27599

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-10424 In the Matter of Marilyn Talman Benjamin, an attorney and counselor-at-law. (Attorney Registration No. 1690049)

DECISION & ORDER VOLUNTARY RESIGNATION

Marilyn Talman Benjamin has voluntarily submitted an affidavit dated November 16, 2004, wherein she resigns from the New York State Bar. Ms. Benjamin was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 23, 1980. There are no complaints or charges of professional misconduct pending against her. Ms. Benjamin presently resides in Massachusetts, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Marilyn Talman Benjamin is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27714

M/nal

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-02601 In the Matter of Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen, appellant, v Paul T. Brzozowski, respondent. (Proceeding No. 1) In the Matter of Paul T. Brzozowski, respondent, v Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen, appellant. (Proceeding No. 2) (Docket Nos. V-1938-03, V-6809-03)

SCHEDULING ORDER

Appeal by Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen from an order of the Family Court, Nassau County, dated February 23, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the 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 August 12, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27709

M/nal

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-02243 In the Matter of Otis C. (Anonymous). (Docket No. A-7148/04)

SCHEDULING ORDER

Appeal by the Law Guardian for the siblings of the adoptive child from an order of the Family Court, Kings County, dated February 4, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until July 25, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27703

M/nal

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-10150 In the Matter of Tara C. (Anonymous). Administration for Children's Services, petitioner- respondent; Lavonne C. (Anonymous), respondent; Norman C. (Anonymous), appellant. (Docket No. N-20552/01)

DECISION & ORDER ON MOTION

Appeal by Norman C. from an order of the Family Court, Kings County, dated May 5, 2003. By decision and order on motion dated March 23, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person and for the assignment of counsel upon papers establishing that he was entitled to that relief and indicating that he is interested in pursuing the appeal on or before April 27, 2005. By order to show cause dated May 17, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the order dated March 23, 2005, and by order dated June 2, 2005, the appellant was directed to move for leave to prosecute the above-entitled appeal as a poor person or submit an affidavit that the transcripts have been ordered. The appellant has failed to do so.

On the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27608

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03044 In the Matter of Valerie Gordon Cohen, admitted as Valerie Ann Gordon, an attorney and counselor-at-law. (Attorney Registration No. 1716141)

DECISION & ORDER VOLUNTARY RESIGNATION

Valerie Gordon Cohen has voluntarily submitted an affidavit dated March 2, 2005, wherein she resigns from the New York State Bar. Ms. Cohen was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 25, 1981, under the name Valerie Ann Gordon. There are no complaints or charges of professional misconduct pending against her. Ms. Cohen presently resides in California, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Valerie Gordon Cohen is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27612

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03192 In the Matter of Patrick John Cotter, an attorney and counselor-at-law. (Attorney Registration No. 1861541)

DECISION & ORDER VOLUNTARY RESIGNATION

Patrick John Cotter has voluntarily submitted an affidavit dated April 4, 2005, wherein he resigns from the New York State Bar. Mr. Cotter was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 4, 1983. There are no complaints or charges of professional misconduct pending against him. Mr. Cotter presently resides in Illinois, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Patrick John Cotter is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27683

M/nal

2005-06319 In the Matter of Antonio Cruz, appellant, v Manuela Cruz, respondent. (Docket No. F-3163-02)

SCHEDULING ORDER

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

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27680

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03668 In the Matter of John B. Digney, an attorney and counselor-at-law. (Attorney Registration No. 1815844)

DECISION & ORDER VOLUNTARY RESIGNATION

John B. Digney has voluntarily submitted an affidavit dated April 7, 2005, wherein he resigns from the New York State Bar. Mr. Digney was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 26, 1958. There are no complaints or charges of professional misconduct pending against him. Mr. Digney presently resides in Maryland, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of John B. Digney is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27602

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-09912 In the Matter of Donald Cullinan Dowling, an attorney and counselor-at-law. (Attorney Registration No. 1971522)

DECISION & ORDER VOLUNTARY RESIGNATION

Donald Cullinan Dowling has voluntarily submitted an affidavit dated November 4, 2004, wherein he resigns from the New York State Bar. Mr. Dowling was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 19, 1969. There are no complaints or charges of professional misconduct pending against him. Mr. Dowling presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Donald Cullinan Dowling is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27595

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-10985 In the Matter of Dennis Drucker, an attorney and counselor-at-law. (Attorney Registration No. 1681287)

DECISION & ORDER VOLUNTARY RESIGNATION

Dennis Drucker has voluntarily submitted an affidavit dated December 13, 2004, wherein he resigns from the New York State Bar. Mr. Drucker was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 14, 1980. There are no complaints or charges of professional misconduct pending against him. Mr. Drucker presently resides in New Mexico, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Dennis Drucker is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27705

M/nal

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-08924 In the Matter of Alicia Beth Falk, respondent, v Mark Charles Owen, appellant. (Docket No. F-13086/03)

SCHEDULING ORDER

Appeal by Mark Charles Owen from an order of the Family Court, Westchester County, dated August 24, 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 August 1, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27631

A/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2003-11454 In the Matter of Field Home-Holy Comforter, respondent-appellant, v Antonia Novello, etc., et al., appellants-respondents. (Appeal No. 1) 2004-03117 In the Matter of Field Home-Holy Comforter, respondent-appellant, v Antonia Novello, etc., et al., appellants-respondents, Wayne Osten, respondent-respondent. (Appeal No. 2) (Index No. 10232/99)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to enlarge the time to serve and file a reply brief on cross-appeals from a judgment of the Supreme Court, Westchester County, entered November 18, 2003, and an order of the same court entered March 2, 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 time of the respondent-appellant to serve and file a reply brief is enlarged until August 17, 2005, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27711

M/nal

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-09887, 2004-09888, 2004-09889, 2004-09890,2005-00674 In the Matter of Judith Finell, respondent, v Steven Finell, appellant. (Docket Nos. F-06931-03, F-06932-03, F-06933-03)

SCHEDULING ORDER

Appeals by Steven Finell from two orders of the Family Court, Westchester County, both dated November 5, 2003, an amended order of the same court dated September 27, 2004, an order of the same court dated September 30, 2004, and an order of the same court dated December 14, 2004, respectively. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until August 8, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27687

M/nal

2005-06385 In the Matter of Alan Fuca, respondent, v Dale Merritt, appellant. (Docket No. V-02548-02)

SCHEDULING ORDER

Appeal by Dale Merritt from an order of the Family Court, Richmond County, dated June 2, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27739

M/nal

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-03204 In the Matter of Jack Galati, appellant, v Lucy Galati, respondent. (Docket No. F-15318-03)

SCHEDULING ORDER

Appeal by Jack Galati from an order of the Family Court, Westchester County, dated March 4, 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 August 1, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27603

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03019 In the Matter of Melissa Carrie Gavegnano, an attorney and counselor-at-law. (Attorney Registration No. 3955002)

DECISION & ORDER VOLUNTARY RESIGNATION

Melissa Carrie Gavegnano has voluntarily submitted an affidavit dated March 22, 2005, wherein she resigns from the New York State Bar. Ms. Gavegnano was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 18, 2001. There are no complaints or charges of professional misconduct pending against her. Ms. Gavegnano presently resides in Massachusetts, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Melissa Carrie Gavegnano is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27616

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03269 In the Matter of Dolores Phyllis Glick, an attorney and counselor-at-law. (Attorney Registration No. 2695682)

DECISION & ORDER VOLUNTARY RESIGNATION

Dolores Phyllis Glick has voluntarily submitted an affidavit dated April 1, 2005, wherein she resigns from the New York State Bar. Ms. Glick was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on August 23, 1995. There are no complaints or charges of professional misconduct pending against her. Ms. Glick presently resides in Nevada, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Dolores Phyllis Glick is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27791

L/

2004-09416 In the Matter of Helen Godulias, deceased. Richard Z. Godulias, et al., appellants; Catherine Balalis, respondent. (File No. 2125/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Surrogate's Court, Queens County, dated September 22, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27760

L/

2004-07873, 2004-07874 In the Matter of H. (Anonymous) Children. Episcopal Social Services, appellant; Ada H. (Anonymous), et al., respondents. (Docket Nos. B-16066/01, B-25284/02, B-25285/02, B-25286/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from two orders of the Family Court, Kings County, dated March 31, 2004.

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

ORDERED that the application is granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27678

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03667 In the Matter of Marion Ruth Hobbs, an attorney and counselor-at-law. (Attorney Registration No. 1889773)

DECISION & ORDER VOLUNTARY RESIGNATION

Marion Ruth Hobbs has voluntarily submitted an affidavit dated April 12, 2005, wherein she resigns from the New York State Bar. Ms. Hobbs was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 14, 1983. There are no complaints or charges of professional misconduct pending against her. Ms. Hobbs presently resides in Massachusetts, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Marion Ruth Hobbs is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27684

M/nal

2005-06288 In the Matter of Jasmine J. (Anonymous). Suffolk County Department of Social Services, respondent; Kathleen J. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Tianna J. (Anonymous). Suffolk County Department of Social Services, respondent; Kathleen J. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Tajahe J. (Anonymous). Suffolk County Department of Social Services, respondent; Kathleen J. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-2000-04, N-2001-04, N-2002-04, N-2151-04, N-2152-04, N-2153-04)

SCHEDULING ORDER

Separate appeals by Kathleen J. and Eric P. from an order of the Family Court, Suffolk County, dated April 29, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellants of the transcripts of the minutes of the proceedings in the Family Court, and the appellants 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 appellants shall file in the office of the Clerk of this court one of the following:

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27592

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01178 In the Matter of Michael Kaufman, an attorney and counselor-at-law. (Attorney Registration No. 2740355)

DECISION & ORDER VOLUNTARY RESIGNATION

Michael Kaufman has voluntarily submitted an affidavit dated January 20, 2005, wherein he resigns from the New York State Bar. Mr. Kaufman was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 29, 1996. There are no complaints or charges of professional misconduct pending against him. Mr. Kaufman presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Michael Kaufman is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27668

M/nal

2005-06287 In the Matter of Kiara (Anonymous). Shirley B. (Anonymous), appellant; Carole R. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Michael (Anonymous). Shirley B. (Anonymous), appellant; Carole R. (Anonymous), et al., respondents. (Proceeding No. 2) (Docket Nos. A- 236-04, A- 237-04, A- 420-04, A- 421-04)

SCHEDULING ORDER

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27607

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03021 In the Matter of Edward Allen Klein, an attorney and counselor-at-law. (Attorney Registration No. 1312693)

DECISION & ORDER VOLUNTARY RESIGNATION

Edward Allen Klein has voluntarily submitted an affidavit dated March 24, 2005, wherein he resigns from the New York State Bar. Mr. Klein was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 18, 1970. There are no complaints or charges of professional misconduct pending against him. Mr. Klein presently resides in Maryland, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Edward Allen Klein is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27793

L/

2005-06416 In the Matter of Yury Komisar, respondent, v Nina Komisar, appellant. (Docket No. V-38453-04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated June 28, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27598

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-10635 In the Matter of Francis J. Lynch, an attorney and counselor-at-law. (Attorney Registration No. 1313295)

DECISION & ORDER VOLUNTARY RESIGNATION

Francis J. Lynch has voluntarily submitted an affidavit dated November 26, 2004, wherein he resigns from the New York State Bar. Mr. Lynch was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 19, 1962. There are no complaints or charges of professional misconduct pending against him. Mr. Lynch presently resides in Colorado, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Francis J. Lynch is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27610

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03122 In the Matter of Yasumasa Masumoto, an attorney and counselor-at-law. (Attorney Registration No. 2310381)

DECISION & ORDER VOLUNTARY RESIGNATION

Yasumasa Masumoto has voluntarily submitted an affidavit dated March 28, 2005, wherein he resigns from the New York State Bar. Mr. Masumoto was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 16, 1990. There are no complaints or charges of professional misconduct pending against him. Mr. Masumoto presently resides in Japan 270-0034, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Yasumasa Masumoto is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27768

L/

2005-05602 In the Matter of Maeghan McG. (Anonymous). Nassau County Department of Social Services, respondent; Marguerite McG., (Anonymous), et al., appellants. (Docket No. N-9067-04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Family Court, Nassau County, dated April 28, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27633

S/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-05078, 2005-05079 In the Matter of Lamax A. McLean, respondent, v Nakisha A. Bell, appellant. (Docket No. V-12663-03)

DECISION & ORDER ON APPLICATION

Application by the appellant on appeals from two orders of the Family Court, Suffolk County, dated April 4, 2005, and April 22, 2005, respectively, in effect, to amend so much of a decision and order on motion of this court dated June 28, 2005, as conditioned a stay upon her perfection of the appeal on or before August 10, 2005.

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 decision and order on motion of this court dated June 28, 2005, is amended by deleting from the decretal paragraphs thereof the date "August 10, 2005," and substituting therefor the date "August 30, 2005".

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27617

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03370 In the Matter of Lynn Robin Miller, an attorney and counselor-at-law. (Attorney Registration No. 1979418)

DECISION & ORDER VOLUNTARY RESIGNATION

Lynn Robin Miller has voluntarily submitted an affidavit dated April 6, 2005, wherein she resigns from the New York State Bar. Ms. Miller was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 20, 1985. There are no complaints or charges of professional misconduct pending against her. Ms. Miller presently resides in Pennsylvania, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Lynn Robin Miller is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27699

M/nal

2005-06525 In the Matter of Jan P. (Anonymous), appellant, (Docket No. D-3019-05)

SCHEDULING ORDER

Appeal by Jan P. from an order of the Family Court, Westchester County, dated June 1, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27681

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03757 In the Matter of Lawrence C. Petrowski, an attorney and counselor-at-law. (Attorney Registration No. 1767490)

DECISION & ORDER VOLUNTARY RESIGNATION

Lawrence C. Petrowski has voluntarily submitted an affidavit dated April 18, 2005, wherein he resigns from the New York State Bar. Mr. Petrowski was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 31, 1970. There are no complaints or charges of professional misconduct pending against him. Mr. Petrowski presently resides in Arizona, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Lawrence C. Petrowski is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27732

L/

2005-01660 In the Matter of Edwin John R. (Anonymous). Suffolk County Department of Social Services, appellant; Patrick R. (Anonymous), et al., respondents. (Proceeding No. 1 ) In the Matter of Jessica Ryan R. (Anonymous). Suffolk County Department of Social Services, appellant; Patrick R. (Anonymous), et al., respondents. (Proceeding No. 2 ) In the Matter of Sarah Michele R. (Anonymous). Suffolk County Department of Social Services, appellant; Patrick R. (Anonymous), et al., respondents. (Proceeding No. 3 ) (Docket Nos. B-9532-04, B-9533-04, B-9534-04, B-9548-04, B-9549-04, B-9550-04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated February 9, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27781

L/

2005-02021 In the Matter of Joseph R. (Anonymous), appellant. (Docket No. D-8083/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated March 1, 2005.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M27767

L/

2005-04365 In the Matter of Geurric S.-P. (Anonymous). Orange County Department of Social Services, respondent; Nadia S.-P. (Anonymous), et al., appellants. (Docket No. N-2134-05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Nadia S.-P., to withdraw an appeal from an order of the Family Court, Orange County, dated May 5, 2005.

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

ORDERED that the application is granted and the appeal by Nadia S.-P., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27621

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03559 In the Matter of Sylvain Segal, Jr., an attorney and counselor-at-law. (Attorney Registration No. 2671998)

DECISION & ORDER VOLUNTARY RESIGNATION

Sylvain Segal, Jr., has voluntarily submitted an affidavit dated August 27, 2004, wherein he resigns from the New York State Bar. Mr. Segal, Jr., was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 19, 1951. There are no complaints or charges of professional misconduct pending against him. Mr. Segal, Jr., presently resides in New Mexico, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Sylvain Segal, Jr., is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27701

M/nal

2005-06576 In the Matter of Debra Shapira, respondent, v Guy Shapira, appellant. (Docket No. F-09808-04)

SCHEDULING ORDER

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M27614

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03252 In the Matter of James Joseph Sisto, an attorney and counselor-at-law. (Attorney Registration No. 2105807)

DECISION & ORDER VOLUNTARY RESIGNATION

James Joseph Sisto has voluntarily submitted an affidavit dated April 1, 2005, wherein he resigns from the New York State Bar. Mr. Sisto was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 18, 1987. There are no complaints or charges of professional misconduct pending against him. Mr. Sisto presently resides in Massachusetts, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of James Joseph Sisto is accepted and directed to be filed; and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27639

S/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-04646 In the Matter of Brandon W. (Anonymous), appellant. (Docket No. E-05973/03)

DECISION & ORDER ON MOTION

Appeal by Brandon W. from an order of the Family Court, Orange County, dated April 27, 2004.

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

ORDERED that the appellant's notice of appeal from the order dated April 27, 2004, is deemed to be a notice of appeal from the dispositional order dated September 9, 2004 (see CPLR 5512).

FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27685

A/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2003-08167 The People, etc., respondent, v Kelvin Benn, a/k/a Peter Benn, appellant. (Ind. No. 10795/89)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Queens County, rendered September 11, 2003, for leave to prosecute the appeal from the purported judgment as a poor person, and for the assignment of counsel. By order to show cause dated May 27, 2005, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal from the purported judgment on the ground that no appeal lies from the purported judgment, as it is nothing more than a proceeding to cause a judgment of the same court rendered February 16, 1990, to be brought to execution (see People v Crawford, 239 AD2d 515), and the motion for leave to prosecute the appeal as a poor person and for assignment of counsel was held in abeyance in the interim.

Now, on the court's own motion, upon the papers filed in support of the motion for leave to prosecute the appeal as a poor person, the papers filed in relation thereto, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed (see People v Crawford, 239 AD2d 514); and it is further,

ORDERED that the motion 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

M27384

F/

ROBERT A. SPOLZINO, J.

2004-06672 The People, etc., plaintiff, v Derrick Caldwell, defendant. (Ind. Nos. 7014/84, 7113/84)

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 July 12, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

ROBERT A. SPOLZINO

Associate Justice

Appellate Division: Second Judicial Department

M27689

A/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2002-05730 The People, etc., respondent, v Jason DeLeon, appellant. (Ind. No. 01-00847)

DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered June 5, 2002.

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 the appellant's supplemental brief shall be served and filed on or before September 7, 2005; and it is further,

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

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27713

S/sl

2004-01449 The People, etc., respondent, v William Duff, appellant. (Ind. No. 436/03)

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 a judgment of the County Court, Suffolk County, rendered January 6, 2004.

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

M27375

F/

BARRY A. COZIER, J.

2005-03620 The People, etc., plaintiff, v William Gibson, defendant. (Ind. No. 1892/01)

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 County Court, Nassau County, dated March 25, 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.

BARRY A. COZIER

Associate Justice

Appellate Division : Second Judicial Department

M27376

F/

BARRY A. COZIER, J.

2005-03325 The People, etc., plaintiff, v Felix Hernandez, defendant. (Ind. No. 1747/96)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated January 19, 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.

BARRY A. COZIER

Associate Justice

Appellate Division: Second Judicial Department

M27656

T/sl

2002-08137 The People, etc., respondent, v Tamara Horvath, appellant. (Ind. No. 166/95)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered August 2, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 19, 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

M27725

E/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2003-10889 The People, etc., respondent, v Melvin Kross, appellant. (Ind. No. 1284/02)

DECISION & ORDER ON MOTION

Separate motions by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered November 3, 2003, to enlarge the time to serve and file a supplemental brief and to be provided with the transcripts of the minutes of certain proceedings.

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

ORDERED that the motion which is to enlarge the time to serve and file a supplemental brief is granted, and the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before September 21, 2005; and it is further,

ORDERED that the motion which is to be provided with the transcripts of the minutes of certain proceedings is denied without prejudice to renew upon proper papers indicating what transpired at the proceedings which occurred on June 24, 2003, July 15, 2003, July 24, 2003, and September 9, 2003, and how they are relevant to the issues to be raised by the appellant in his supplemental brief.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27806

L/

2004-02574 The People, etc., respondent, v David McCallum, appellant. (Ind. No. 99-00914)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an amended judgment of the County Court, Westchester County, rendered February 26, 2004.

Upon the stipulation of the parties, dated June 21, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27802

L/

2004-02953 The People, etc., respondent, v David McCallum, appellant. (Ind. No. 02-01264)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Westchester County, rendered February 24, 2004.

Upon the stipulation of the parties, dated June 21, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M26929

F/

STEPHEN G. CRANE, J.

2005-04313 The People, etc., plaintiff, v Edgar Quinones, defendant. (Ind. No. 7676/00)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated April 4, 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.

STEPHEN G. CRANE

Associate Justice

Appellate Division: Second Judicial Department

M27630

A/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-04537 The People, etc., appellant, v Paula Sanford, respondent. (Ind. No. 6893/03)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated April 28, 2004.

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

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

ORDERED that the respondent's time to serve and file a brief is enlarged until August 17, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27649

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-06321 The People, etc., respondent, v Aron Scott, a/k/a Juman Nazir, appellant. (Ind. No. 11205/97)

ORDER TO SHOW CAUSE

Renewed motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Queens County, rendered July 7, 2004, for leave to prosecute the appeal from the purported judgment 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 on the court's own motion, the appellant is ordered to show cause before this court, why an order should or should not be entered dismissing the appeal from the purported judgment on the ground that no appeal lies from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered December 3, 1997, to be brought to execution (see People v Crawford, 239 AD2d 515), by filing an affidavit on that issue with the Clerk of this court on or before August 5, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that the motion for poor person relief is held in abeyance in the interim.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27749

L/

2004-11311 The People, etc., respondent, v Glen Stevenson, appellant. (Index No. 10337/04)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Queens County, rendered December 9, 2004.

Upon the stipulation of the parties, dated July 5, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court