Appellate Division: Second Judicial Department

M13846

A/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

SANDRA L. TOWNES

STEVEN W. FISHER, JJ.

2004-04939 Martin Braff, etc., et al., appellants, v Lenox Hill Hospital, et al., respondents, et al., defendants. (Index No. 14034/99)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 15, 2004, on the ground that it was not timely taken.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13852

S/sl

2004-00255 Joseph Clark, etc., appellant, v David Trois, etc., et al., respondents. (Index No. 8845/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated December 1, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 6, 2004, and the record or appendix on the appeal and the appellant's brief must be filed on or before that date; and it is further,

ORDERED that the respondents shall serve and file their briefs on or before September 7, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13754

A/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

SANDRA L. TOWNES

STEVEN W. FISHER, JJ.

2003-08763, 2003-08765, 2003-08766, 2004-01264 Mary R. Davey, respondent, v Peter F. Davey, appellant. (Index No. 10437/00)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from four orders of the Supreme Court, Westchester County, entered September 2, 2003, September 10, 2003, September 15, 2003, and January 9, 2004, respectively, to enlarge the record on appeal to include certain material, for leave to serve and file an appendix and brief which contains or refers to the subject material, or, in the alternative, to enlarge her time to serve and file an appendix and brief, and cross motion by the appellant pro se, inter alia, to stay the signing and entry of a judgment of divorce in the above-entitled action, pending hearing and determination of the appeals.

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

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file an appendix and brief is granted, and the respondent's time to serve and file an appendix and brief is enlarged until August 16, 2004, and the respondent's appendix and brief must be served and filed on or before that date; and it is further,

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

 ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13853

S/sl

2004-02094 Leisure Glen Homeowners Association, Inc., respondent, v Robert A. Torres, et al., appellants. (Index No. 31111/01)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 5, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13845

PL/sl

2003-10654 David Levitan, respondent, v Levitan-Robbins, Inc., et al., appellants. (Index No. 4537/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 29, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 19, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13843

PL/sl

2004-01957 Enny Lu, et al., respondents, v Kashmiri Mittal, et al., appellants. (Index No. 3744/03)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 16, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13854

PL/sl

2003-07099 Lucy Marino, appellant, v State of New York, respondent. (Claim No. 99711)

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 Court of Claims dated July 8, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 1, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13817

A/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-05928 NYCTL 1997-1 Trust, et al., plaintiffs- respondents, v Moises A. Vila, appellant, et al., defendants; 128 Woodbine Realty Corp., intervenor-respondent. (Index No. 45357/99)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents on an appeal from an order of the Supreme Court, Kings County, dated March 27, 2003, to enlarge the record on appeal to include certain documents, separate motion by the intervenor-respondent to strike the record on appeal and the appellant's brief on the ground that they contain or refer to matter dehors the record, and application by the intervenor-respondent to enlarge its time to serve and file a brief.

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

ORDERED that the matter is remitted to the Supreme Court, Kings County, to hear and report on the issue of whether it considered the "Reply Affirmation" of Leonid Krechmer, Esq., dated October 22, 2002, which is attached to the plaintiffs-respondents' motion papers as Exhibit A, in determining the motion which resulted in the order dated March 27, 2003. The Supreme Court, Kings County, shall file its report with all convenient speed; and it is further,

ORDERED that the motions and the application are held in abeyance in the interim.

ALTMAN, J.P., KRAUSMAN, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13793

R/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

SANDRA L. TOWNES

STEVEN W. FISHER, JJ.

2004-02623 Peter Scarso, respondent, v M.G. General Construction Corp., et al., appellants. (Index No. 9384/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated February 20, 2004.

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

ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13851

S/sl

2004-00746 Jacek Sieradzki, appellant, v US Express Leasing, et al., respondents. (Index No. 31622/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated December 12, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 23, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13844

PL/sl

2003-10456 Tele-Pak, Inc., appellant, v In-Tech Direct, Inc., respondent. (Index No. 4731/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated October 2, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 18, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13758

R/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

SANDRA L. TOWNES

STEVEN W. FISHER, JJ.

2004-05256 In the Matter of County of Nassau, appellant; Zorc & Chase, respondent. (Index No. 3360/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay three arbitration proceedings pending between the parties bearing American Arbitration Association Case Nos. 13 194 02984 03, 13 194 00352 04, and 13Y 194 00494 04, and to stay all proceedings in connection with a demand for arbitration served by the respondent dated June 1, 2004, pending hearing and determination of an appeal from a judgment of the Supreme Court, Nassau County, entered June 2, 2004, and for a preference in the calendaring in the appeal, and cross motion by the respondent, in effect, to dismiss the appeal on the ground that it is without merit.

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

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

ORDERED that the cross motion is denied without prejudice to the respondent raising the same arguments in its brief on the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13855

PL/sl

2003-08288 In the Matter of Foreclosure of Tax Liens; Dutchess County, respondent; James Milano, appellant. (Index No. 2869/99)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the reply brief shall be served and filed on or before July 29, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13336

F/

SONDRA MILLER, J.

2004-04248 The People, etc., plaintiff, v Lynne Byrd, defendant. (Ind. No. 7758/96)

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, Kings County, dated April 13, 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.

SONDRA MILLER

Associate Justice

Appellate Division: Second Judicial Department

M13831

F/

SANDRA L. TOWNES, J.

2004-02085 The People, etc., plaintiff, v Curtis Tucker, a/k/a Andre Mack, defendant. (Ind. No. 11196/88)

DECISION & ORDER ON APPLICATION

Application by the defendant for reargument of his prior application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 18, 2004, which was determined by me in a decision and order on application dated May 3, 2004.

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

ORDERED that the application is denied.

SANDRA L. TOWNES

Associate Justice