Appellate Division: Second Judicial Department

M14356

S/nal

2004-00340 Thomas M. Adamo, appellant, v State of New York, respondent. (Claim No. 100496)

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 Court of Claims, dated December 10, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 13, 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

M14351

S/cf

FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-00037 Susamma Alias, respondent, v Alias K. Olahannan, appellant. (Index No. 625/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Rockland County, dated November 26, 2003, to waive the requirements of 22 NYCRR 670.102(f) regarding certification of the record on appeal.

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 dismissed as Mary Mathew, attorney-in-fact for the appellant, Alias K. Olahannan, does not have authority to make this motion (see, Whitehead by Town House Equities, Ltd., __________ AD3d ___________ [2d Dept., June 7, 2004]); and it is further,

ORDERED that on the court's own motion the record and brief submitted to this court by Mary Mathew, attorney-in-fact for the appellant, Alias K. Olahannan, is rejected (see, Whitehead by Town House Equities, Ltd., __________ AD3d ___________ [2d Dept., June 7, 2004]); and it is further,

ORDERED that the appellant's time to perfect the appeal in a manner which complies with CPLR 321 is enlarged until October 1, 2004, and the appellant's record or appendix on appeal and the appellant's brief shall be served and filed on or before that date.

SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14329

A/nal

FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-05941 Piotr Bachurski, et al., appellants, v Polish & Slavic Federal Credit Union, et al., respondents. (Index No. 10863/03)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated June 10, 2004, in effect, to enjoin the respondents Katrayzna Ramus and Artur Ramus from occupying the subject cooperative apartment, pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14366

CF/

2004-05699 Herbert Celnick, plaintiff-respondent, v Blockbuster Entertainment Corporation, et al., defendants, Gary Juster, d/b/a Juster Associates, appellant. (Index No. 5221/02)

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 May 5, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14344

O/nal

FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-00353 April Connard, appellant, v WHC, Inc., respondent. (Index No. 04171/02)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated October 22, 2003, on the ground that it was not timely taken, and for costs and legal fees.

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

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

ORDERED that, on the court's own motion, the appellant's time to perfect the appeal is enlarged until September 30, 2004.

SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14202

R/nal

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2003-03727 Abena Evans, et al., respondents, v Louis Ellis, et al., defendants, EquiCredit, n/k/a/ Nationscredit Financial Services Corporation, appellant (and a related action). (Appeal No. 1) 2003-07431 Albena Evans, et al., plaintiffs-appellants, v Louis Ellis, et al., respondents, et al., defendant; Fairbanks Capital Corp., nonparty-appellant (and a related action). (Appeal No. 2) (Index No. 08717/01)

DECISION & ORDER ON MOTION

Motion by the appellant in Appeal No. 1 to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated March 13, 2003, until sixty days after determination of Appeal No. 2 from an order of the same court dated July 11, 2003, and cross motion by the plaintiffs to stay all proceedings 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 relation or opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect Appeal No. 1 is granted to the extent that the time of the appellant to perfect that appeal is enlarged until March 1, 2005, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date, and that branch of that motion is otherwise denied; and it is further,

ORDERED that on the court's own motion, the appeal from the order dated July 11, 2003 (Appeal No. 2) shall be perfected on or before September 1, 2004; and it is further,

ORDERED that the cross motion is granted to the extent that all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal from the order dated July 11, 2003 (Appeal No. 2) and the cross motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14360

CF/

2004-02619 Eve Frederick, et al., appellants, v Beatriz Fernandes, et al., respondents. (Index No. 24299/03)

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 February 2, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14318

A/cf

FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-10454 Albert Goetz-Haddad, appellant, v Pathmark Supermarkets, et al., respondents. (Index No. 9433/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated October 27, 2003, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

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

ORDERED that the motion is denied, with leave to renew on or before September 1, 2004, upon submission by the appellant of a supplemental record on appeal containing the appellant's bill of particulars dated June 4, 2001, the appellant's supplemental bill of particulars dated July 3, 2002, and a "true and exact" copy of the respondents' notice of motion and supporting papers dated July 17, 2003, which appears at pages 49-59 of the record on appeal; and it is further,

ORDERED that on or before September 1, 2004, the appellant shall remove from the copies of the record on appeal on file with this court pages 13-15, 21, 23-25, 28-30, 32, and 49-59.

SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14368

CF/

2004-04727 Eiko Katz, respondent, v Mark Katz, appellant. (Index No. 6392/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a decision of the Supreme Court, Orange County, dated April 22, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14352

S/nal

2003-10604 Anne M. Levi, et al., appellants, v Gerard J. Myrthil, respondent. (Index No. 22227/02)

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, Queens County, dated October 16, 2003.

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

M14314

O/cf

GLORIA GOLDSTEIN, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2003-07809 Barry Licht, appellant, v Debbie Licht, respondent. (Index No. 6992/01)

DECISION & ORDER ON MOTION

Appeal by Barry Licht from a judgment of the Supreme Court, Kings County, dated July 24, 2003. By order to show cause dated June 21, 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 appeal in the above-entitled action for failure to comply with a scheduling order dated January 5, 2004, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 5, 2004 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14365

CF/

2003-09073 MKC New York, LLC, et al., respondents, v DKM Associates, LLC, defendant, Gentile Pismeny & Brengel, LLP, et al., appellants. (Index No. 12849/00)

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 August 26, 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

Appellate Division: Second Judicial Department

M14353

S/nal

2004-00892 Masood Mahmood, etc., respondent, v Louis Pinto, et al., respondents-appellants, Kevin P. Tierney, et al., appellants-respondents, Sun Hui Monroe, respondent, et al., defendants. (Index No. 11082/00)

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, Queens County, dated December 9, 2003.

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

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until September 27, 2004, 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.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14336

A/nal

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2003-11028, 2004-04120, 2004-04133 Milbrandt & Co., Inc., appellant, v John W. Griffin, et al., respondents. (Index No. 21719/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of appeals from three orders of the Supreme Court, Westchester County, entered November 7, 2003, April 6, 2004, and April 30, 2004, respectively.

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., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14247

R/nal

FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-03977, 2004-03978 Pondview Corp., et al., respondents, v Russand, Inc., et al., defendants, Tappan Zee Senior Management Corp., et al., appellants. (Index No. 0822/03)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Rockland County, dated March 24, 2004, and an amended order of the same court dated April 20, 2004, to stay enforcement of stated portions of the orders pending hearing and determination of the appeals.

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

ORDERED that the motion is denied.

SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14315

A/cf

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2004-01176, 2004-03838 Barbara Purpura, respondent, v Nicholas E. Purpura, appellant. (Index No. 5769/85)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from (1) an order of the Supreme Court, Richmond County, dated January 5, 2004, and (2) a judgment of the same court dated April 15, 2004, for leave to reargue those branches of his prior motion which were to stay enforcement of the judgment, and for leave to prosecute the appeals as a poor person, which were determined by decision and order on motion of this court dated May 19, 2004, and cross application by the respondent to direct the appellant to pay her attorney's fee on the motion.

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; and it is further,

ORDERED that the cross application is denied, without prejudice to the respondent making a motion for the same relief (see CPLR 8022); and it is further,

ORDERED that on the court's own motion the appellant's time to perfect the appeal from the order dated January 5, 2004 (Appellate Division Docket Number 2004-01176) is enlarged until September 13, 2004.

H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14362

CF/

2004-05225 Kathleen Regan, respondent, v Georgina Frick, appellant. (Index No. 3436/03)

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 10, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14346

O/cf

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-05891 Philip Seares, et al., respondents, v Joshua Development Corp., et al., appellants. (Index No. 9845/04)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Kings County, dated June 25, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14350

A/cf

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2002-00131 Frederick Siemon, appellant, v Kristen Useted, respondent. (Index No. 5085/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, dated December 18, 2001, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14348

O/cf

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-00110 Southern Pacific Funding Corporation, respondent, v John H. McNally, etc., et al., appellants. (Index No. 11875-98)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered December 9, 2003, on the ground, inter alia, that no appeal lies from an order denying reargument.

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 the appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14361

CF/

2004-04485 Josephine Tecla, appellant, v Weiner, Millo & Morgan, LLC, etc., et al., respondents. (Index No. 9193/02)

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 16, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14359

CF/

2004-03384 Union State Bank, plaintiff-respondent, v STPT Realty, Inc., defendant, Lillian Smith, defendant-appellant. (Index No. 2570/01)

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 September 2, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14363

CF/

2004-01408 W&S Associates, L.P., et al., plaintiffs- respondents, v CNA Transcontinental Insurance Company, defendant, Zurich American Insurance Company, defendant third-party plaintiff-appellant; J & A Concrete Corp., et al., third-party defendants-respondents. (Index No. 16502/00)

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 December 18, 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

Appellate Division: Second Judicial Department

M14354

S/nal

2004-00906 Helen Xina, respondent, v City of New York, defendant, New York City Transit Authority, appellant. (Index No. 3621/02)

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, Queens County, dated December 3, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 27, 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

M14317

C/nal

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-03976 In the Matter of Hector Cruz, petitioner, v Brion D. Travis, etc., respondent. (Index No. 787/04)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated April 29, 2004, as a poor person, for waiver of the filing fee, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted; the proceeding will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee is denied as unnecessary (see 22 NYCRR 670.22); and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14320

C/nal

FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-04901 In the Matter of Edouard Dubuisson, appellant, v Magda Chery, respondent. (Docket Nos. V-7778-03, V-7779-03)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Family Court, Nassau County, dated March 8, 2004, on the ground that the appeal was not timely taken. Cross motion by the appellant, inter alia, in effect, for summary reversal of the order dated March 8, 2004.

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

ORDERED that the branch of the motion which is to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

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

ORDERED that the cross motion is denied.

SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14271

R/cf

FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-04430 In the Matter of Dorothy Francis, petitioner- respondent, v Melissa Vantassel, appellant, Gregory Spearman, respondent-respondent. (Docket No. V-4023/03)

DECISION & ORDER ON MOTION

Motion by Randy I. Siper, counsel assigned to represent the petitioner-respondent in proceedings before the Family Court, Orange County, to be relieved as counsel, for the assignment of new counsel to defend an appeal from an order of the Family Court, Orange County, dated April 16, 2004, and to grant the petitioner-respondent leave to defend the appeal as a poor person.

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 branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the petitioner-respondent on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the petitioner-respondent on or before August 11, 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 seek assignment of new counsel to represent the petitioner-respondent on the appeal and leave to defend the appeal as a poor person are denied with leave to the petitioner-respondent to renew, on or before September 3, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the petitioner-respondent is interested in defending the appeal.

SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14272

R/cf

FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-04430 In the Matter of Dorothy Francis, petitioner- respondent, v Melissa Vantassel, appellant, Gregory Spearman, respondent-respondent. (Docket No. V-4023/03)

DECISION & ORDER ON MOTION

Motion by The Legal Aid Society of Orange County, Inc., counsel assigned to represent the appellant in proceedings before the Family Court, Orange County, to be relieved as counsel, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated April 16, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.

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 branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before August 11, 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 seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before September 3, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in prosecuting the appeal.

SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14252

R/cf

FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-04430 In the Matter of Dorothy Francis, petitioner- respondent, v Melissa Vantassel, appellant, Gregory Spearman, respondent-respondent. (Docket No. V-4023/03)

DECISION & ORDER ON MOTION

Motion by Andrew S. Krieger, counsel assigned to represent the respondent-respondent in proceedings before the Family Court, Orange County, to be relieved as counsel, for the assignment of new counsel to defend an appeal from an order of the Family Court, Orange County, dated April 16, 2004, and to grant the respondent-respondent leave to defend the appeal as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the respondent-respondent on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the respondent-respondent on or before August 11, 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 seek assignment of new counsel to represent the respondent-respondent on the appeal and leave to defend the appeal as a poor person are denied with leave to the respondent-respondent to renew, on or before September 3, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the respondent-respondent is interested in defending the appeal.

SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14367

Y/nal

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2003-11467 In the Matter of Diana Jaramillo, respondent, v Jose Correa, appellant. (Docket No. P-2200/03)

DECISION & ORDER ON MOTION

Appeal by Jose Correa from an order of the Family Court, Kings County, dated November 28, 2003. By order to show cause dated June 10, 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 appeal in the above-entitled proceeding for failure to comply with a scheduling order dated February 27, 2004, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated February 27, 2004 (see 22 NYCRR 670.4[5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14342

A/nal

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

ROBERT W. SCHMIDT

BARRY A. COZIER, JJ.

2004-05600 In the Matter of Juliette Montoya-Nalty, respondent, v Brian A. Nalty, appellant. (Docket No. V-1649/04)

DECISION & ORDER ON MOTION

Appeal by Brian A. Nalty from an order of the Family Court, Richmond County, dated May 18, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered on consent of the appealing party (see CPLR 5511; Nutkiewicz v Nutkiewicz, 123 AD2d 378).

SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14358

S/nal

2003-11218 In the Matter of Aaron S. (Anonymous). Orange County Department of Social Services, respondent; Hector V. (Anonymous), appellant. (Docket No. B-7051/02)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to perfect an appeal from an order of the Family Court, Orange County, dated October 7, 2003.

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

ORDERED that the application is granted and the appellant's time to perfect the appeal 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 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until September 20, 2004; and it is further,

ORDERED that no further enlargements of time shall be granted.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14316

C/nal

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-00934 In the Matter of Nathan Samuel, petitioner, v New York State Office of Temporary and Disability Service, et al., respondents. (Index No. 13561/03)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated January 7, 2004, as a poor person, and to enlarge the time to perfect the proceeding.

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

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted; the proceeding will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee is denied as unnecessary (see NYCRR 670.22); and it is further,

ORDERED that the petitioner's time to perfect the proceeding is enlarged until October 4, 2004; the petitioner's time to perfect the proceeding 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 670.9[d][2]) and by serving and filing his brief on the proceeding is enlarged until October 4, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14347

O/cf

FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-05018 In the Matter of Robert Santiago, petitioner, v Ralph T. Gazillo, etc., respondent.

DECISION & ORDER ON MOTION

Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.

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

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

ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).

The allegations of merit contained in the petitioner's affidavit in support of the motion fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).

SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14282

C/cf

GLORIA GOLDSTEIN, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2002-08171 In the Matter of Marilyn Tracey-McLaughlin, respondent, v William Hock, appellant. (Docket No. P 569-01, P-570-01)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - March 2003 Calendar", dated April 3, 2003, as dismissed an appeal from an order of the Family Court, Suffolk County, dated July 16, 2002, for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal, and to enlarge the time to perfect a purported appeal from an order of the same court dated May 30, 2003.

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

ORDERED that the branch of the motion which is to recall and vacate so much of the decision and order on motion of this court dated April 3, 2003, as dismissed the appeal from the order dated July 16, 2002, is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the purported appeal from the order dated May 30, 2003, is denied, on the grounds that a notice of appeal from that order was never filed, and, in any event, that order is not appealable (see Family Ct Act 439[e]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14322

A/cf

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-01206 In the Matter of Jane Zullo, respondent, v George Hom, appellant. (Index No. 3296/96)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Nassau County, dated January 16, 2004, to waive the filing fee, and to enlarge the time to perfect the appeal.

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 branch of the motion which is to waive the filing fee is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal 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 19, 2004, is amended to provide 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 brief on the appeal is enlarged until September 3, 2004; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14332

A/cf

FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2000-09533 The People, etc., respondent, v Jose Ferreiras, appellant. (Ind. No. 99-01562)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from a judgment of the County Court, Westchester County, rendered August 24, 2000.

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

ORDERED that the motion is granted to the extent 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 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until October 29, 2004, and the motion is otherwise denied.

SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14370

Y/nal

FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

1996-02008 The People, etc., appellant, v Sim Hartfield, respondent. (Ind. No. 95-01276)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the County Court, Westchester County, entered January 11, 1996.

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.

SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14371

PL/nal

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2003-07346 The People, etc., respondent, v Claudio Hernandez, appellant. (Ind. No. 281-03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated May 28, 2004, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the County Court, Suffolk County, rendered July 22, 2003, to strike the excessive sentence application already filed by assigned counsel, to assign new counsel, and for leave to a file pro se supplemental brief. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on October 29, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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

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

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

Andrew S. Worgan, Esq.

30 Colby Drive

Kings Park, New York 11754

and it is further,

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

ORDERED that the branch of the motion to strike the excessive sentence application that was filed by former assigned counsel is granted, and the application is stricken; and it is further,

ORDERED that the branch of the motion for leave to file a pro se supplemental brief is denied with leave to renew when newly assigned counsel perfects the appeal; and it is further,

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

ALTMAN, J.P., SMITH, KRAUSMAN, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 R 4080

Mid-State Corr. Fac.

Box 2500

Marcy, New York 13403

Appellate Division: Second Judicial Department

M14345

A/nal

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-04674 The People, etc., ex rel., Damien T. Williams, petitioner, v William E. Phillips, etc., respondent. (Ind. No. 001/02)

DECISION & ORDER ON APPLICATION

Application by the petitioner for a writ of habeas corpus and for poor person relief.

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 branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,

ORDERED that the branch of the application which is for a writ of habeas corpus is denied and the petition is dismissed, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court