Appellate Division: Second Judicial Department

M15369

CF/

2004-04846 Andrea Cifuni, f/k/a Andrea Olivieri, appellant, v Patrick J. Olivieri, respondent. (Index No. 2559/00)

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M15352

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2004-07448, 2004-07466 Kathleen Connolly, etc., et al., plaintiffs-respondents, v Clare Cahn, defendant, PNC Vehicle Leasing, appellant. (Index No. 723/03)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Appeals by PNC Vehicle Leasing from two orders of the Supreme Court, Nassau County, both dated July 23, 2003.

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

ORDERED that the appeals are dismissed, without costs or disbursements, as the orders appealed from are not appealable as of right and leave to appeal has not been granted (see CPLR 5701).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15356

CF/

2004-02518 Barbara Ann DeVivo, respondent, v Dennis James DeVivo, appellant. (Index No. 9613/93)

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 23, 2004.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15366

CF/

2004-02153 Barbara Dennihy, et al., respondents, v Episcopal Health Services, Inc., et al., defendants, Racanelli Construction, Inc., appellant (and a third-party action). (Index No. 6739/99)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Suffolk County, dated February 11, 2004.

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

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15367

CF/

2004-02611 Charles Elhardt, etc., et al., appellants, v West Marine Products, Inc., respondent. (Index No. 8153/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated March 4, 2004.

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

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15360

CF/

2004-03139 Nicola Ferrara, et al., plaintiffs-respondents, v N.Y. & Atlantic Railway Co., defendant- respondent, L.J. Industries, Inc., appellant (and a third-party action). (Index Nos. 21468/99, 35009/01, 350160/01)

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 23, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15354

CF/

2004-03388 Paul Hirchak, et al., appellants, v Turner Construction Company, et al., respondents. (Index No. 1033/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, entered March 25, 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

M15283

A/nal

DAVID S. RITTER, J.P.

HOWARD MILLER

SONDRA MILLER

ROBERT A. SPOLZINO, JJ.

2003-09130 Huron Street Realty Corp., respondent, v Sol Lorenzo, appellant. (Index No. 10777/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, dated September 18, 2003, for leave to dispense with the production of trial exhibits 1, 9, 10, 17A-G, 20, and 23, in the record on appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is for leave to dispense with the production of trial exhibits 1, 9, 10, 17A-G, 20, and 23, in the record on appeal is granted without prejudice to the respondent arguing in its brief on appeal that the appeal should be dismissed on the ground that the record is insufficient; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until September 30, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15351

J/sl

2004-01506 Barno Khaimova, et al., appellants, v Osnat Corp., d/b/a Daryo Restaurant, respondent. (Index No. 35924/99)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 18, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 8, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15361

CF/

2004-01162 Dianne Malkin, respondent, v Miguel C. Silva, et al., appellants. (Index No. 399/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated December 19, 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

M15350

CF/

2004-02885 Elena McHerron, respondent, v Town of Poughkeepsie, appellant. (Index No. 4967/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated March 15, 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

M15355

J/sl

2004-01059 Michael McMahon, appellant, v Joann McMahon, respondent. (Index No. 5141/97)

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, Richmond County, dated December 17, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 24, 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

M15376

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-08925, 2003-08927 NYCTL 1998-2 Trust, et al., respondents, v Isaac Levin, appellant, et al., defendants. (Index No. 4917/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated May 23, 2003, and October 2, 2003, respectively.

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

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

ORDERED that the appellant's time to perfect the appeals is enlarged until September 13, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15349

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-07203 Milad Nukho, appellant, v Frieda N. Sargis, et al., respondents. (Index No. 19415/03)

DECISION & ORDER ON MOTION

Motion by the appellant to on an appeal from an order of the Supreme Court, Westchester County, entered August 11, 2004, to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right, and we decline to grant leave to appeal (see CPLR 5701; Koklari v Koklari, 186 AD2d 418; Bagdy v Progresso Foods Corporation, 86 AD2d 589); and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15359

J/nal

2004-03212, 2004-03214, 2004-06680, 2004-06681 Joseph Poliseno, et al., appellants, v Steve N. Poliseno, respondent. (Index No. 18151/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from a decision of the Supreme Court, Queens County, dated March 10, 2004, and three orders of the same court, one dated March 10, 2004, and two dated July 19, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 18, 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

M15362

E/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-03240 Riverside Capital Advisers, Inc., etc., et al., plaintiffs-respondents, v First Secured Capital Corporation, et al., appellants, Wet Resources Corp., defendant-respondent, et al, defendant; Thomas Donovan, et al., nonparty-appellants. (Appeal No. 1) 2004-06107, 2004-06108, 2004-06109, 2004-06110, 2004-06111, 2004-06843 Riverside Capital Advisers, Inc., etc., et al., respondents, v First Secured Capital Corporation, et al., appellants, Wet Resources Corp., et al., defendants; Thomas Donovan, et al., nonparty-appellants. (Appeals No. 2 through 6 and 8) 2004-06114 Riverside Capital Advisers, Inc., etc., et al., respondents, v First Secured Capital Corporation, et al., defendants; Thomas Donovan, et al., nonparty- appellants. (Appeal No. 7) (Index No. 20600/99)

DECISION & ORDER ON MOTION

Motion by Thomas B. Donovan and Pamela Donovan on appeals from orders of the Supreme Court, Nassau County dated March 9, 2004, May 24, 2004, May 25, 2004 (two orders), June 7, 2004, June 10, 2004, June 16, 2004, and July 27, 2004, respectively, to stay enforcement of the order dated July 27, 2004, pending hearing and determination of the appeal from the order dated July 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 enforcement of the order dated July 27, 2004, is stayed pending hearing and determination of the appeal from the order dated July 27, 2004, on condition that all of the above-captioned appeals are perfected on or before December 2, 2004, and upon further condition that the sum of $5,000 which was placed in an attorney escrow account held by Greenberg Traurig, LLP, pursuant to an order to show cause of this court dated August 11, 2004, remains in escrow pending hearing and determination of the appeals; and it is further,

ORDERED that in the event the appeals are not perfected on or before December 2, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that on the court's own motion, the time to perfect the appeals from the order dated March 9, 2004 (Appellate Division Docket No. 2004-03240), is enlarged until December 2, 2004, and the joint record or joint appendix on the appeals and the briefs of the appellants and nonparty-appellants must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15333

A/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2004-01740, 2004-06562 State of New York, et al., appellants, v White Oak Co., LLC, et al., respondents. (Index No. 491/04)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Suffolk County, dated February 25, 2004, and a judgment of the same court entered July 9, 2004, to continue the injunction granted by decision and order on motion of this court dated March 19, 2004, as amended April 19, 2004, pending hearing and determination of the appeals, to consolidate the appeals, to withdraw the appellants' brief previously filed in connection with the appeal from the order dated February 25, 2004 (Appellate Division Docket No. 2004-01740), for leave to file a substitute appellants' brief addressing all of the issues raised on the consolidated appeal, for leave to file a fourth volume to supplement the three-volume appendix filed connection with the appeal from the order dated February 25, 2004, to deem the four-volume appendix to be the appendix on both appeals, and for leave to insert a new table of contents and a new statement pursuant to CPLR 5531 into all previously submitted copies of Volumes I, II and III of the appendix and to affix modified covers thereto.

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

ORDERED that the branch of the motion which is to continue the injunction granted by the decision and order on motion of this court dated March 19, 2004, as amended April 19, 2004, is granted on condition that the appeal from the judgment (Appellate Division Docket No. 2004-06562) is perfected on or before September 10, 2004; and it is further,

ORDERED that in the event that appeal is not perfected on or before September 10, 2004, the court, on its own motion, may vacate the injunction granted by the decision and order on motion dated March 19, 2004, as amended April 19, 2004, or the respondents may move to vacate that injunction on three days notice; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is granted; and it is further,

ORDERED that the branch of the motion which is to withdraw the appellants' brief previously filed in connection with the appeal from the order dated February 25, 2004, for leave to file a substitute appellants' brief addressing all of the issues raised in the consolidated appeal, for leave to file a fourth volume to supplement the appellants' previously filed three-volume appendix, to deem the four-volume appendix to be the appendix on both appeals, and to insert a new table of contents and a new statement pursuant to CPLR 5531 into all previously submitted copies of Volumes I, II and III of the appendix and to affix modified covers thereto is granted, the appellants' brief is deemed withdrawn, and on or before September 10, 2004, the appellants shall serve and file the substitute brief and Volume IV of the appendix and insert a new table of contents and a new statement pursuant to CPLR 5531 into all previously submitted copies of Volumes I, II and III of the appendix and affix modified covers thereto.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15363

A/nal

FRED T. SANTUCCI, J.P.

HOWARD MILLER

THOMAS A. ADAMS

ROBERT A. LIFSON, JJ.

2004-05101 Richard Stone, appellant, v Norman Stone, respondent, et al., defendants. (Index No. 7141/79)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Westchester County, entered April 29, 2004, 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 no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted.

SANTUCCI, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15358

S/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-06824 Naureen Tanvir, respondent, v Sheikh Tanvir, appellant. (Index No. 8308/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated August 2, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Westchester County, entered June 11, 2003, inter alia, to waive the requirements of 22 NYCRR 670.10(g) 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 granted; and it is further,

ORDERED that on the court's own motion the respondent's time to serve and file a brief is enlarged until October 1, 2004, and the respondent's brief shall be served and file 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

M15364

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-06496 Karen A. Weithorn, respondent, v Keith A. Weithorn, appellant. (Index No. 201148/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Nassau County, dated July 19, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15375

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-05576 Wells Fargo Home Mortgage, f/n/a Norwest Mortgage, Inc., etc., respondent, v Lesly Francois, defendant, Marie B. Lambert, appellant. (Index No. 7324/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated March 17, 2004, to stay any transfer of the subject real property pending hearing and determination of the appeal, and cross motion of the respondent to dismiss the appeal on the ground that the appeal was untimely taken.

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

ORDERED that the cross motion is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15370

CF/

2004-03453 West Babylon Union Free School District, respondent, v Quality Door & Hardware, Inc., appellant. (Index No. 20647/00)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Suffolk County, dated February 24, 2004.

Upon the stipulation of the parties, dated August 17, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15348

CF/

2004-04503 In the Matter of Elishar Realty Corporation, appellant, v Christopher Allocco, et al., respondents. (Index No. 3480/03)

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 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

M15365

CF/

2004-03385 In the Matter of Miriam Harris, deceased. Amy Harris, appellant; Marie Iglesias, respondent. (File No. 2077/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Suffolk County, dated March 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

M15347

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-09097 In the Matter of Kristina R. (Anonymous). Administration for Children's Services, respondent; Margarita B. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Nelson R. (Anonymous). Administration for Children's Services, respondent; Margarita B. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Gia Torres B. (Anonymous). Administration for Children's Services, respondent; Margarita B. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-13342-01, N-13343-01, N 13344-01)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court

Motion by the Mark Diamond, Esq., the attorney assigned to represent the appellant Joseph B. on an appeal from an order of the Family Court, Kings County, dated September 16, 2003, to be relieved. The motion for assignment of counsel was granted on March 29, 2004.

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

ORDERED that on the court's own motion the appellant Joseph B. is directed to show cause why an order should or should not be entered dismissing his appeal as abandoned by filing an affidavit on that issue in the office of the Clerk of this court, and serving one copy of the same on his attorney and on the remaining parties, on or before September 17, 2004; and it is further,

ORDERED that the motion to be relieved is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve one copy of this decision and order on motion on the appellant and on the attorneys for the respective parties.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15368

CF/

2004-02040 In the Matter of Steven Sokoloff, et al., appellants, v Bell Industries, Inc., respondent. (Index No. 21468/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

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

Upon the stipulation of the parties, dated August 17, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15346

A/nal

DAVID S. RITTER, J.P.

HOWARD MILLER

SONDRA MILLER

ROBERT A. SPOLZINO, JJ.

2004-05685 In the Matter of Mary Angee Sosa, respondent, v Reinaldo Aybar, appellant. (Docket No. V-20654/02)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Family Court, Kings County, dated March 23, 2004, on the ground that it was not timely taken.

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

ORDERED that the motion is denied.

RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15343

PL/nal

2003-11330 In the Matter of Stoves & Stone, Ltd., appellant, v Raymond P. Martinez, etc., respondent. (Index No. 24085/02)

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 9, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 30, 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

M15353

J/sl

2001-07061 The People, etc., respondent, v Jon Paul Lazartes, appellant. (Ind. No. 529/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered July 31, 2001.

ORDERED that the application is granted and the reply brief shall be served and filed on or before September 9, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court