07-26-2004_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR JULY 26, 2004

TITLE	Case Number
Allen v New York City Transit Authority	2004-03302
Azzo v River Drive Construction Corp.	2004-04408 + 1
Berman v 14 Soundview Owners Corporation	2003-10214
Cohen v Incorporated Village of Roslyn	2002-11087
Curry v Whalen	2004-01255
Davis v Brooklyn Manor Home for Adults	2004-02632
Davis v Cohen	2004-00544
Defino v Defino	2004-00972
DiStefano v Strishak	2004-02940
Dionisiou v United Painting Contracting, Inc.	2002-03655
Felidi v Costco Wholesale Corporation	2004-04764
Ferrara v N.Y. & Atlantic Railway Co.	2004-03139
Francis v Interfaith Medical Center	2004-01233
Gatzonis v Bekas	2004-05916
Greco v Lite & Russell, P.C.	2003-08959
Greenwood v Blaustein	2004-02719
Hirsch v Hirsch	2004-03552
Hospital for Joint Diseases, a/a/o Ryvkin v C	2004-02696
Ismailov v Walker	2004-01159 + 1
Jin Fang He v Ying Tang Cen	2004-01962
Katz v Zundell	2004-02634
Keleff v Nevler	2004-03067
Kong Mei Leung v PAF Trading Corporation	2004-03111
Lewis v Wal-Mart Stores East, LP	2004-02521
Marinucci v 515 East 7th Street Corporation	2004-02897
Merkoulova v Tavern On The Green, LP	2004-02481
Murray v Petrie	2004-02115
Navis Associates, LLC v HSBC Bank USA	2004-01017
New York City Transit Authority v Whitman Pai	2004-04383
Pardodefigueroa v Turner Construction, Corp.	2003-11050
Parran v Roublick	2004-02227
Rodas v Congregation Emunas Yisroel	2004-03533
Rodriguez v Cleveland Management, Inc.	2004-03064
Schurmacher v Djordjevski	2004-03905
Sevgen Enterprises, Inc. v Masouleh Corporati	2004-03847
Shifer v Shifer	2004-06242
Silver Edge Sportswear, Inc. v Foreign Resour	2003-07043
Tellus v Maher	2004-01384
Treeline Mineola, LLC v Berg	2004-00976
Velez v Tuckahoe Development LLC	2004-01252
Vitulli v Berger	2004-03178
Williams v Central Elevator, Inc.	2003-10567
Zohar v Island Sealcoating, Inc.	2003-05902
Mtr of B. (Anonymous), Ebony Starr, a/k/a B.	2004-01831
Mtr of Chance v Madoo	2004-04494
Mtr of F. (Anonymous), James; F., Danielle; D	2004-03512
Mtr of Gormely, Deceased; Barrack	2003-08421
Mtr of J. (Anonymous), Sylvia; G., Kevin; Sal	2004-05724 + 1
Mtr of Kluepfel v Kluepfel	2004-06132
Mtr of Kulka Construction Corp. v Shilpa Sake	2004-04187
Mtr of L. (Anonymous), Destiny; L., Paul; L.,	2004-05896
Mtr of Messana v Messana	2004-05754
Mtr of Navarro v Navarro	2004-05719
Mtr of Noble Drew Ali Plaza Housing Corporati	2004-02614
Mtr of Oak Street Management, Inc.; Concors	2004-01453
Mtr of S. (Anonymous), Jennifer; S., Jessica;	2004-05935
Mtr of Santamaria v Losada	2004-05927
Mtr of Santamaria v Losada	2004-05929
Mtr of T. (Anonymous), Christian; T., Adreen;	2004-02791
Mtr of T. (Anonymous), Megan; B., Christina;	2004-03585
Mtr of Taylor v Windley	2004-05212 + 1
Mtr of Walsh v Badick	2004-05907
Mtr of Wenzara	2003-10845
Peo v Harper, Allen	2002-05517

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14185

2004-03302

Diane Allen, et al., appellants, v New York
City Transit Authority, et al., respondents.
(Index No. 550/03)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated March 5, 2004.

Upon the stipulation of the parties, dated July 13, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

July 26, 2004

ALLEN v NEW YORK CITY TRANSIT AUTHORITY

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Appellate Division: Second Judicial Department

M14183

2004-04408, 2004-04409

Leido Azzo, et al., appellants, v River
Drive Construction Corp., et al., respondents
(and a third-party action).
(Index No. 19131/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw appeals from a decision of the Supreme Court, Queens County, dated October 24, 2003, and an order of the same court, dated April 2, 2004, respectively.

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

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Appellate Division: Second Judicial Department

M14187

2003-10214

Morton H. Berman, et al., respondents,
v 14 Soundview Owners Corporation,
appellant.
(Index No. 10149/03)

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 October 28, 2003.

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

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Appellate Division: Second Judicial Department

M14205

CF/

2002-11087
Audrey Cohen, et al., respondents,
v Incorporated Village of Roslyn, appellant.
(Index No. 12639/01)

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 30, 2002.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M14175

2004-01255

Maudlyn Curry, appellant,
v Michael F. Whalen, Jr., respondent.
(Index No.02-12885)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an extract of jury verdict of the Supreme Court, Westchester County, dated November 25, 2003.

Upon the stipulation of the parties, dated July 2, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M14184

2004-02632

Janice Davis, respondent, v Brooklyn
Manor Home for Adults, et al., defendants;
Diane Walker, et al., appellants.
(Index No.22125/00)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated January 9, 2004.

Upon the stipulation of the parties, dated July 6, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M14148

S/nal

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-00544

Stuart Davis, etc., et al., respondents, v
David E. Cohen, etc., et al., appellants.
(Index No. 545/00)

DECISION & ORDER ON APPLICATION

Application by the respondents to substitute Stuart Davis, as executor of the estate of Carole L. Davis, a/k/a Carole Davis, for the deceased respondent, Carol Davis, on an appeal from a judgment of the Supreme Court, Queens County, dated October 21, 2003, and to enlarge the time to perfect the appeal.

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

ORDERED that the application is granted, and Stuart Davis, as executor of the estate of Carole L. Davis, a/k/a Carole Davis, is substituted for the deceased respondent, Carol Davis, and the caption of the action has been amended accordingly; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until October 1, 2004, and the record or appendix on the appeal and the appellants' brief shall be served and filed on or before that date.

RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M14149

S/nal

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-00972

Richard Defino, respondent,
v Linda Defino, appellant.
(Index No. 202991/01)

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 an order of the Supreme Court, Nassau County, dated January 6, 2004.

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

ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the application is denied as academic.

RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M14155

2004-02940

Anthony DiStefano, et al., respondents,
v Andre Strishak, et al., appellants.
(Index No. 12757/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated February 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 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14150

Y/nal

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2002-03655

Dionisios Dionisiou, et al., respondents,
v United Painting Contracting, Inc., et al.,
appellants.
(Index No. 22006/97)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated February 22, 2002.

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

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

ORDERED that the appellants' time to perfect the appeal is enlarged until September 22, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14178

2004-04764

Elisa Felidi, et al., respondents,
v Costco Wholesale Corporation,
appellant.
(Index No. 19160/02)

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 May 7, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14164

2004-03139

Nicola Ferrara, et al., plaintiffs-respondents,
v N.Y. & Atlantic Railway Co., defendant-
third-party plaintiff-respondent; L.J. Industries,
Inc., defendant-appellant; Long Island Siding
Contractors, Ltd., third-party defendant-appellant.
(Index No.21468/99)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant Long Island Siding Contractors, Ltd., to withdraw its appeal from an order of the Supreme Court, Queens County, dated February 23, 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 Long Island Siding Contractors, Ltd., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14156

2004-01233

Jane Francis, respondent, v Interfaith
Medical Center, et al., appellants.
(Index No. 10575/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Kings County, dated September 26, 2003.

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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14131

A/nal

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-05916

Evangelos Gatzonis, et al., appellants,
v Demetrios Bekas, et al., respondents.
(Index No. 7502/04)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to enjoin the sale of certain shares of stock of the defendant Top Cove Associates, Inc., pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated July 8, 2004.

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., SCHMIDT, ADAMS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14206

CF/

2003-08959
Ada Greco, appellant,
v Lite & Russell, P.C., respondent.
(Index No. 15651/02)

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 September 8, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14186

2004-02719

Marigold Greenwood, appellant,
v Eugene Glaustein, et al., respondents.
(Index No. 22381/96)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated January 29, 2004.

Upon the stipulation of the parties, dated July 12, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14129

A/nal

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-03552

Frank Hirsch, respondent,
v Debra Hirsch, appellant.
(Action No. 1)
Frank Hirsch, respondent,
v Debra Hirsch, et al., appellants.
(Action No. 2)
(Index No. 7130/01)

DECISION & ORDER ON MOTION

Appeals by Debra Hirsch in Action Nos. 1 and 2 and Henry Osterman in Action No. 2 from an order of the Supreme Court, Rockland County, dated April 23, 2004. By order to show cause dated July 1, 2004, 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 appeals in the above-entitled action for failure to comply with a scheduling order dated May 13, 2004, issued pursuant to 22 NYCRR 670.4(a). Application by the appellants to enlarge the time to perfect the appeals.

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

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

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

ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated May 13, 2004, is amended to provide that the appellants' time to perfect the appeals is enlarged until September 20, 2004.

RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14170

2004-02696

Hospital for Joint Diseases, a/a/o Jacob
Ryvkin, et al., appellants, v Clarendon
National Insurance Company, respondent.
(Index No. 8723/03)

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 February 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 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14147

S/nal

2004-01159, 2004-01160

Ariel Ismailov, et al., respondents,
v Floyd S. Walker, appellant.
(Index No. 02-31538)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, dated November 28, 2003, and a judgment of the same court, dated December 16, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until October 4, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14195

2004-01962

Jin Fang He, appellant, v
Ying Tang Cen, respondent.
(Index No. 24259/00)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated December 10, 2003.

Upon the stipulation of the parties, dated June 23, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14179

2004-02634

Bella S. Katz, appellant,
v Myron H. Zundell, respondent.
(Index No. 10671/01)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated January 20, 2004.

Upon the stipulation of the parties, dated July 12, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14166

2004-03067

Joan M. Keleff, et al., respondents,
v Mark Nevler, et al., appellants.
(Index No. 13914/01)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated February 20, 2004.

Upon the stipulation of the parties, dated July 21, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14189

2004-03111

Kong Mei Leung, respondent, v PAF
Trading Corporation, defendant, McGlynn
Hayes & Company, Inc., appellant.
(and a third-party action)
(Index No. 38313/99)

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 February 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 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14153

2004-02521

Denise Lewis, et al., respondents,
v Wal-Mart Stores East, LP, appellant.
(Index No. 14290/02)

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 February 24, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14167

2004-02897

Benay Marinucci, appellant,
v 515 East 7th Street Corporation,
et al., respondents.
(Index No. 19153/95)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated March 11, 2004.

Upon the stipulation of the parties, dated July 19, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14168

2004-02481

Irina Merkoulova, appellant, v Tavern on
the Green, LP, et al., respondents.
(Index No. 19126/02)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated February 6, 2004.

Upon the stipulation of the parties, dated July 21, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14180

2004-02115

James P. Murray, respondent,
v Christine Petrie, et al., appellants.
(Index No. 30868/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Kings County, entered February 23, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14177

2004-01017

Navis Associates, LLC, appellant,
v HSBC Bank USA, et al., respondents.
(Index No. 7285/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Rockland County, dated January 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14172

2004-04383

New York City Transit Authority, et al.,
appellants, v Whitman Painting Corporation,
et al., respondents.
(Index No. 28421/99)

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 March 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14154

2003-11050

Michael Pardodefigueroa, et al., respondents,
v Turner Construction, Corp., et al., appellants.
(Index No. 6508/02)

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 November 17, 2003.

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14182

2004-02227

Lawandra Parran, plaintiff-respondent,
v Eileen Roublick, defendant-third-party
plaintiff-respondent; Hayden Fongsam, et al.,
third-party defendants-appellants.
(Index No. 14987/01)

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 January 23, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14157

2004-03533

Asdrubal Rodas, respondent, v Congregation
Emunas Yisroel, appellant.
(Index No. 3836/01)

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 March 18, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14169

2004-03064

Maria Rodriguez, respondent,
v Cleveland Management, Inc.,
appellant.
(Index No. 1015/02)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated February 17, 2004.

Upon the stipulation of the parties, dated July 16, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14128

Y/nal

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-03905

John J. Schurmacher, et al., respondents,
v Goran Djordjevski, appellant, et al., defendants.
(Index No. 1590/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered April 27, 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 the trial of the above-entitled action is stayed pending hearing and determination of the appeal.

RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14158

2004-03847

Sevgen Enterprises, Inc., respondent,
v Masouleh Corporation, appellant.
(Index No.1638/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated April 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 appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14151

S/nal

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-06242

Pearl Shifer, respondent,
v David Shifer, appellant.
(Index No. 28899/02)

DECISION & ORDER ON MOTION

Appeal by David Shifer from a decision of the Supreme Court, Kings County, dated May 12, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).

RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14209

CF/

2003-07043
Silver Edge Sportswear, Inc., respondent,
v Foreign Resources Corporation, et al.,
appellants, et al., defendants.
(Index No. 49508/00)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated July 24, 2003.

Upon the stipulation of the parties, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14176

2004-01384

Francois Tellus, et al., respondents,
v Gerald F. Maher, et al., appellants,
et al., defendant.
(Index No.13870/01)

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 December 16, 2003.

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14211

S/nal

2004-00976

Treeline Mineola, LLC, respondent,
v Barry E. Berg, appellant.
(Index No. 1002/02)

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, Nassau County, dated November 7, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 24, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14152

J/nal

2004-01252

Clara Stella Mendez Velez, etc., appellant-respondent,
v Tuckahoe Development LLC, et al., respondents,
W.B. Contracting Corp., et al., respondents-appellants.
(Index No. 11795/01)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered January 7, 2004.

ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until September 21, 2004, and the joint record or joint appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14165

2004-03178

Daniel J. Vitulli, respondent,
v Brian T. Berger, appellant.
(Index No. 21849/03)

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 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 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14171

2003-10567

Bernard Williams, appellant,
v Central Elevator, Inc., respondent.
(Index No. 13756/02)

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 November 7, 2003.

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14193

CF/

2003-05902
Akiva Zohar, et al., respondents,
v Island Sealcoating, Inc., et al., defendants,
A & G Blacktop Sealcoating, Inc., appellant.
(Index No. 8182/01)

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 29, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13966

R/nal

GLORIA GOLDSTEIN, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-01831

In the Matter of Ebony Starr B. (Anonymous),
a/k/a Ebony B. (Anonymous).
St. Mary's Children and Family Services, Inc.,
etc., appellant; Eva B. (Anonymous), respondent.
(Docket No. B-17657/03)

DECISION & ORDER ON MOTION

Motion by Cheryl S. Solomon, counsel assigned to represent Eva B. in proceedings pursuant to Family Court Act article 10 and Social Services Law § 384-b, on an appeal from an order of the Family Court, Kings County, dated January 27, 2004, issued in the proceeding pursuant to Social Services Law § 384-b, to relieve her from representing the respondent Eva B. on the appeal and in the proceeding pursuant to Family Court Act article 10, for the assignment of new counsel to defend the appeal and, in effect, to grant the respondent leave to defend the appeal as a poor person.

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

ORDERED that the branch of the motion which is to relieve Cheryl S. Solomon as counsel before the Family Court in the proceeding pursuant to Family Court Act article 10 is denied without prejudice to seeking the same relief in the Family Court; and it is further,

ORDERED that the branch of the motion which is to relieve Cheryl S. Solomon as counsel for Eva B. on the appeal is granted and Cheryl S. Solomon is relieved from representing Eva B. on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon Eva B. on or before August 4, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which are, in effect, for leave for the respondent to defend the appeal from the order dated January 27, 2004, as a poor person and for the assignment of new counsel are denied with leave to renew, on or before August 25, 2004, upon proper papers setting forth the respondent's full financial situation (see CPLR 1101) and indicating that the respondent is interested in defending the appeal.

GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13980

M/nal

2004-04494
In the Matter of Garfield Chance, respondent,
v Sherrie Madoo, appellant.
(Docket No. V-14483-04)

SCHEDULING ORDER

Appeal by Sherrie Madoo from an order of the Family Court, Kings County, dated May 21, 2004. By decision and order of this court dated June 18, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied with leave to renew on or before July 18, 2004. The motion has not been renewed. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14134

M/nal

2004-03512
In the Matter of James F. (Anonymous).
Nassau County Department of Social
Services, appellant; Paula F. (Anonymous),
et al., respondents.
In the Matter of Danielle F. (Anonymous).
Nassau County Department of Social
Services, appellant; Paula F. (Anonymous),
et al., respondents.
(Docket Nos. N-09303-03, N-09304-03)

SCHEDULING ORDER

Appeal by Nassau County Department of Social Services from an order of the Family Court, Nassau County, dated March 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 6, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14143

S/nal

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-08421

In the Matter of Allen J. Gormely, Sr., deceased.
Allen J. Gormely, Jr., petitioner;
Eleanor Barrack, et al., respondents.
(Index No. 241/00)

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 in the nature of mandamus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person and the respondent Michael H. Feinberg cross moved to dismiss the proceeding. By decision and order on motion of this court dated January 29, 2004, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The cross motion was held in abeyance. The petitioner has not complied with that directive, and 120 days have passed.

Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated January 29, 2004, it is

ORDERED that the proceeding is dismissed, without costs or disbursements; and it is further,

ORDERED that the cross motion is denied as academic.

PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13909

M/nal

2004-05724, 2004-05726
In the Matter of Sylvia J. (Anonymous).
Administration for Children's Services, petitioner-
respondent; Poorandeo G. (Anonymous), appellant,
et al., respondent.
In the Matter of Kevin G. (Anonymous).
Administration for Children's Services, petitioner-
respondent; Poorandeo G. (Anonymous), appellant,
et al., respondent.
In the Matter of Salina G. (Anonymous).
Administration for Children's Services, petitioner-
respondent; Poorandeo G. (Anonymous), appellant,
et al., respondent.
In the Matter of Kelsey G. (Anonymous).
Administration for Children's Services, petitioner-
respondent; Poorandeo G. (Anonymous), appellant,
et al., respondent.
In the Matter of Kelly G. (Anonymous).
Administration for Children's Services, petitioner-
respondent; Poorandeo G. (Anonymous), appellant,
et al., respondent.
(Docket Nos. N-13599-00, N-13600-00,
N-13601-00, N-13602-00, N-13603-00)

SCHEDULING ORDER

Appeals by Poorandeo G. from two orders of the Family Court, Queens County, dated April 3, 2004, and June 2, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

(4) if the appellant 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 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 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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13911

M/nal

2004-06132
In the Matter of Rosemarie Kluepfel, appellant,
v Thomas R. Kluepfel, respondent.
(Docket No. F-15753-03)

SCHEDULING ORDER

Appeal by Rosemarie Kluepfel from an order of the Family Court, Suffolk County, dated June 17, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14190

2004-04187

In the Matter of Kulka Construction Corp.,
appellant, v Shilpa Saketh Realty, Inc.,
respondent.
(Index No. 18826/03)

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 March 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13922

M/nal

2004-05896
In the Matter of Destiny L. (Anonymous).
Administration for Children's Services, respondent;
Paul L. (Anonymous), appellant.
In the Matter of Paul L. (Anonymous).
Administration for Children's Services, respondent;
Paul L. (Anonymous), appellant.
In the Matter of Qeianu L. (Anonymous).
Administration for Children's Services, respondent;
Paul L. (Anonymous), appellant.
In the Matter of Sakeina D. (Anonymous).
Administration for Children's Services, respondent;
Paul L. (Anonymous), appellant.
In the Matter of Shantel W. (Anonymous).
Administration for Children's Services, respondent;
Paul L. (Anonymous), appellant.
(Docket Nos. N-0404-02, N-0405-02,
N-0406-02, N-0407-02, N-0408-02)

SCHEDULING ORDER

Appeal by Paul L. from an order of the Family Court, Kings County, dated June 14, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13908

M/nal

2004-05754
In the Matter of Maria Messana, respondent,
v Stephen Messana, appellant.
(Docket No. O-6123-04)

SCHEDULING ORDER

Appeal by Stephen Messana from an order of the Family Court, Suffolk County, dated June 4, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13910

M/nal

2004-05719
In the Matter of George J. Navarro, appellant,
v Eleanor S. Navarro, respondent.
(Docket No. F-10468/02)

SCHEDULING ORDER

Appeal by George J. Navarro from an order of the Family Court, Nassau County, dated May 12, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14197

S/nal

2004-02614

In the Matter of Noble Drew Ali Plaza Housing
Corporation, petitioner-respondent; New Lots
Towers, LLC, appellant; Attorney General of the
State of New York, et al., nonparty-respondents.
(Index No. 28902/02)

ORDER ON APPLICATION

Applications by the nonparty-respondents Noble Drew Ali Plaza Tenants Association and the Attorney General of the State of New York 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 February 19, 2004.

ORDERED that the application is granted and the movants' time to serve and file their respective briefs is enlarged until August 11, 2004, and the movants' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14208

S/nal

2004-01453

In the Matter of Oak Street Management, Inc.
Arthur F. Concors, et al., appellants;
Gerald N. Jacobowitz, et al., respondents.
(Index No. 5715/00)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated January 13, 2004.

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13903

M/nal

2004-05935
In the Matter of Jennifer S. (Anonymous).
Suffolk County Department of Social Services,
respondent; Deborah S. (Anonymous), appellant.
In the Matter of Jessica S. (Anonymous).
Suffolk County Department of Social Services,
respondent; Deborah S. (Anonymous), appellant.
(Docket Nos. N-5598/04, N-5599/04)

SCHEDULING ORDER

Appeal by Deborah S. from an order of the Family Court, Suffolk County, dated June 9, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

(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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13912

M/nal

2004-05927
In the Matter of Peter L. Santamaria, respondent,
v Arianna S. Losada, appellant.
(Docket No. O-02261-04)

SCHEDULING ORDER

Appeal by Arianna S. Losada from an order of the Family Court, Queens County, dated June 18, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13920

M/nal

2004-05929
In the Matter of Cathy M. Santamaria, respondent,
v Arianna S. Losada, appellant.
(Docket No. O-02262-04)

SCHEDULING ORDER

Appeal by Arianna S. Losada from an order of the Family Court, Queens County, dated June 18, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14132

M/nal

2004-02791
In the Matter of Christian T. (Anonymous).
Administration for Children's Services, respondent;
Luther T. (Anonymous), appellant.
In the Matter of Adreen T. (Anonymous).
Administration for Children's Services, respondent;
Luther T. (Anonymous), appellant.
(Docket Nos. N-3806-02, N-3807-02)

SCHEDULING ORDER

Appeal by Luther T. from an order of the Family Court, Queens County, dated December 3, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 14, 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 law guardian's time to serve and file a brief on the appeal is enlarged until August 31, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14061

O/nal

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-03585

In the Matter of Megan T. (Anonymous).
Administration for Children's Services, respondent;
Connie M. (Anonymous), appellant.
In the Matter of Christina B. (Anonymous).
Administration for Children's Services, respondent;
Connie M. (Anonymous), appellant.
In the Matter of Victoria B. (Anonymous).
Administration for Children's Services, respondent;
Connie M. (Anonymous), appellant.
(Docket Nos. B-24131-02, B-24132-02, B-24133-02)

DECISION & ORDER ON MOTION

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

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from the order dated March 25, 2004 (see Family Ct Act § 1112[a]), and we decline to grant leave to appeal.

We note that the issues raised on the appeal from the order may be raised on any appeals from the orders of disposition entered in the above-entitled proceeding.

RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13759

A/nal

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

SANDRA L. TOWNES

STEVEN W. FISHER, JJ.

2004-05212, 2004-05213

In the Matter of Stanley Taylor, petitioner,
v Yvette Windley, respondent; Barbara H.
Dildine, nonparty.
(Proceeding No. 1)
(Docket No. V-24631/00-03B)
In the Matter of John Dixon, petitioner,
v Yvette Windley, respondent; Barbara H.
Dildine, nonparty.
(Proceeding No. 2)
(Docket No. V-7578/01-02C)

DECISION & ORDER ON MOTION

Motion by the Law Guardian for the children in the above-entitled proceedings for leave to appeal to this court from two orders of the Family Court, Kings County, both dated June 15, 2004, and, in effect, to stay enforcement of the orders pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M13904

M/nal

2004-05907
In the Matter of Glen Walsh, respondent,
v Melissa Badick, appellant.
(Docket No. V-3366/03)

SCHEDULING ORDER

Appeal by Melissa Badick from an order of the Family Court, Rockland County, dated June 8, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

(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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14160

2003-10845

In the Matter of Helen Wenzara, petitioner-
respondent; Elsayed Ali, et al., appellants;
Public Administrator of Queens County,
et al., respondents.
(Index No. 5156/02)

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 October 29, 2003.

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M14130

Y/nal

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2002-05517
The People, etc., respondent,
v Allen Harper, appellant.
(Ind. No. 7167/01)

DECISION & ORDER ON MOTION

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, Kings County, rendered June 11, 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 1, 2004; and it is further,

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

RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court