Appellate Division: Second Judicial Department

M29463

E/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-00136 Robert Agins, plaintiff, Dorothy Agins, appellant, v Galindo General Construction, respondent. (Index No. 26645/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated December 14, 2004, inter alia, to enlarge the record to include the package of papers allegedly submitted to the Supreme Court on or about October 15, 2004. By decision and order on motion of this court dated May 27, 2005, that branch of the motion which is to enlarge the record on appeal to include the package of papers allegedly submitted to the Supreme Court on or about October 15, 2004, was remitted to the Supreme Court, Queens County, to report on the issue of whether it considered the aforementioned papers in rendering the order dated December 14, 2004, and that branch the motion was held in abeyance in the interim. The Supreme Court has filed its report.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, and upon the report of the Supreme Court, Queens County, it is

ORDERED that the branch of the motion which is to enlarge the record on appeal to include the package of papers allegedly submitted to the Supreme Court on or about October 15, 2004, is denied as unnecessary as the report of the Supreme Court indicates that it reviewed the foregoing material and it is properly part of the record on appeal; and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until October 31, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29471

T/sl

2005-02046 Bank One National Association, etc., respondent, v Paul Murphy, et al., appellants. (Index No. 15733/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered November 24, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 28, 2005, 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

M29460

E/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

James R. Brannigan, et al., appellants, v Board of Education of Levittown Union Free School District, respondent. (Index No. 8107/93)

2004-00797DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered December 19, 2003, which was determined by decision and order of this court dated May 31, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

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

H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29431

S/sl

2005-00406 Julie Burke, respondent, v Anthony Novack, appellant, et al., defendants. (Index No. 16867/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated October 14, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 28, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29419

J/sl

2005-04376, 2005-05643 Ann P. Cedrone, et al., appellants, v Bon Secours Community Hospital, et al., respondents. (Index No. 8481/03)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Orange County, dated February 8, 2005, and March 1, 2005, respectively.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 20, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29465

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2004-07573, 2004-08259 Adelaide Cohen, appellant, v Daniel Kretzschmar, et al., respondents. (Index No. 208/03)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from an order of the Supreme Court, Westchester County, entered August 11, 2004, and a judgment of the same court dated August 20, 2004, to strike the appendix and the appellant's brief on the ground that they contain or refer to matter dehors the record. Cross motion by the appellant pro se to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix.

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

ORDERED that the motion is granted to the extent that (1) the appellant's brief and pages 15 through 162, 217, and 226 through 234 of the appendix are stricken, and (2) on or before September 23, 2005, the appellant shall (a) delete or remove the stricken material from the copies of the appendix on file with the clerk of this court, (b) serve and file a supplemental appendix containing the notice of motion dated June 4, 2004, and (c) serve and file a replacement brief that does not refer to the stricken material and does not contain any references to "Encyclopedia of the Dog," and the motion is otherwise denied; and it is further,

ORDERED that the cross motion is granted on condition that the appellant remove the above material from the appendix and serve and file a supplemental appendix on or before September 23, 2005; and it is further,

ORDERED that on the court's own motion, the respondents' time to serve and file a brief is enlarged until October 24, 2005, and the respondents' brief must be served and filed on or before that date.

H. MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29453

T/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-08888 Joseph DePascale, et al., appellants, v Sulzer US Industries Holding, Inc., et al., respondents. (Index No. 48094/02)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 18, 2004.

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

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

ORDERED that the appellants' time to perfect the appeal is enlarged until September 6, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29447

E/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2005-05197 Adam J. Firsching, Jr., et al., appellants, v City of New York, respondent. (Index No. 1364/89)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated October 23, 1989, and, in effect, pursuant to CPLR 5520(c) to extend its time to file a notice of appeal nunc pro tunc, which notice of appeal was timely served upon all other parties

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 pursuant to CPLR 5520(c) to enlarge the time to file a notice of appeal nunc pro tunc is granted, and the notice of appeal is deemed timely filed; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellants' time to perfect the appeal is enlarged until October 31, 2005, and the record or appendix on the appeal and the appellants' 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.

SANTUCCI, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29490

T/sl

2005-03334 Leroy France, appellant, v Errol Wilson, et al., respondents. (Index No. 18015/04)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 16, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 10, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29466

S/sl

2005-01435 Howard G. Gelfand, appellant, v John P. Oliver, etc., respondent. (Index No. 11998/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated December 13, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 3, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29414

J/sl

2004-10868 Raymond Giovanniello, etc., appellant, v Carolina Wholesale Office Machine Company, Inc., respondent. (Index No. 7242/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated November 23, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 3, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29488

T/sl

2005-02065 Hampton Valley Farm, Inc., et al., respondents, v Flower & Medalie, et al., appellants. (Index No. 22426/92)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated January 10, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 14, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29503

A/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2005-07992 Incorporated Village of Valley Stream, respondent, v Hempstead Video, Inc., appellant. (Index No. 8866/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated August11, 2005, 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.

SANTUCCI, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29458

E/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-05099 Lester Jackson, respondent, v Maimonides Medical Center, et al., respondents-appellants, Century 22 Builders Group, appellant-respondent (Index No. 30251/01)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated March 19, 2005, to stay the trial in the above-entitled action pending hearing and determination of the appeal and cross appeal. Cross application by the respondent to enlarge the time to serve and file a brief.

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

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

ORDERED that the cross application is denied as premature.

H. MILLER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29485

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-04751 Mark Krassner, appellant, v Heidi Krassner, respondent. (Index No. 2267/99)

DECISION & ORDER ON MOTION

Motion by the appellant to resettle a decision and order of this court dated July 18, 2005, which determined an appeal from a judgment of the Supreme Court, Rockland County, entered May 14, 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, with $100 costs.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29433

S/sl

2005-00296, 2005-06456 Delphine Lameni, appellant, v Verizon, et al., respondents. (Index No. 3417/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated November 15 2004, and May 9, 2005, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until September 29, 2005, 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

Appellate Division: Second Judicial Department

M29461

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

Parviz Lavi, respondent-appellant, v Old Cedar Development Corp., appellant- respondent. (Index No. 29234/93)

2003-09788DECISION & ORDER ON MOTION

Motion by the respondent-appellant for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, dated October 2, 2003, which was determined by decision and order of this court dated June 6, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

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

H. MILLER, J.P., RITTER, MASTRO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29462

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

GLORIA GOLDSTEIN, JJ.

2004-00513 William Maldonado, plaintiff, v Kissm Realty Corporation, defendant third-party and second third-party plaintiff-respondent, et al., defendants; Health Insurance Plan of Greater New York, third-party and second third-party defendant; Fireman's Fund Insurance Company, second third-party defendant-appellant, et al., second third-party defendant. (Index Nos. 44103/98, 75485/00, 76271/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated November 19, 2003, which was determined by decision and order of this court dated May 16, 2005.

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.

H. MILLER, J.P., CRANE, RITTER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29483

S/sl

2004-04497 Sharon Menzel, appellant, v Columbus Construction Co., defendant third-party plaintiff-respondent, Village of Dobbs Ferry, et al., respondents; S-F Concrete Corp., third-party defendant-respondent. (Index No. 10716/01)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal from an order of the Supreme Court, Westchester County, dated April 14, 2004.

ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until September 6, 2005, and the respondents' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29477

T/sl

2004-08625 Yosef Morad, appellant, v Sandra Baer Morad, respondent. (Index No. 16981/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, entered February 19, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before September 8, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29427

J/sl

2005-02169 NYCTL 1997-1 Trust, appellant, v Congregation Beis Medresh Sikron Avruhom Spinka, et al., respondents. (Index No. 42378/98)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, entered December 23, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 31, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29444

S/sl

2005-02855 NYCTL 1998-2 Trust, et al., plaintiffs-respondents, v Zoila Lucinda Avila, appellant, et al., defendant; RSL Holdings, LLC, nonparty-respondent. (Index No. 21145/01)

ORDER ON APPLICATION

Application by the nonparty-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated January 10, 2005.

ORDERED that the application is granted and the nonparty-respondent's time to serve and file a brief is enlarged until October 12, 2005, and the nonparty-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

M29473

T/sl

2005-02448 Divine Fayez Olabi, et al., appellants, v James D. Mayfield, et al., respondents, et al., defendants. (Index No. 18090/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated February 4, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 14, 2005, 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

M29474

T/sl

2003-08731 Lynn B. Posner, etc., appellant, v New York City Transit Authority, respondent. (Index No. 22521/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an amended judgment of the Supreme Court, Queens County, entered August 27, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before September 16, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29476

T/sl

2005-01044 Stephen Sargeant, appellant, v New York City Health & Hospital Corporation, respondent, et al., defendants. (Index No. 5294/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, entered November 23, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 28, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29436

J/sl

2005-01190 Sign Up USA, Inc., respondent, v JCF Associates, LLC, appellant. (Index No. 37171/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated December 23, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 7, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29491

T/sl

2004-11124 Jun Sofue, appellant, v Mickiko Kurahashi, respondent. (Index No. 2003/00)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Westchester County, dated August 31, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 24, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29489

T/sl

2005-03862, 2005-05757 Josephine Speciale, respondent, v Rajev Achari, etc., appellant, et al., defendant. (Index No. 10138/02)

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 appeals from an order of the Supreme Court, Kings County, entered April 1, 2005, and an amended order of the same court entered May 13, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 7, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29430

S/sl

2005-02687 Town of Brookhaven, respondent, v Joseph Mascia, et al., appellants. (Index No. 04-02018)

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, Suffolk County, dated January 18, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 3, 2005, 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

M29434

J/sl

2005-01206 Trataros Construction, Inc., respondent, v New York City Housing Authority, appellant. (Index No. 5576/96)

ORDER ON APPLICATION

Application by the respondent and appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the respondent's time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated December 10, 2004, and to enlarge the appellant's time to serve and file a reply brief.

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

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

ORDERED that the appellant's reply brief, if any, must be served and filed on or before November 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29435

J/sl

2004-10598 Edward Trudel, appellant, v Eric P. Donnenfeld, etc., et al., respondents. (Index No. 4031/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, dated October 6, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 2, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29493

S/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2005-04346 Winchester Global Trust Company Limited, etc., respondent, v Thomas B. Donovan, et al., appellants. (Index No. 14163/04)

DECISION & ORDER ON MOTION

Motion by the appellants to strike portions of the respondent's brief on the ground that it refers to material in a proposed supplemental record and to enlarge the time to serve and file a reply brief.

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

ORDERED that the motion is granted the respondent's brief is stricken and on or before September 7, 2005, the respondent shall serve either personally or by overnight mail and file a replacement brief which does not refer to material in the proposed supplemental record; and it is further,

ORDERED that the reply brief, if any, shall be served and filed on or before September 16, 2005.

FLORIO, J.P., CRANE, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29468

S/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2005-08188 Kathryn Wolle-Gordon, respondent, v William Eric Gordon, appellant. (Index No. 5284/03)

DECISION & ORDER ON MOTION

Appeal by William Eric Gordon from an order of the Supreme Court, Westchester County, dated May 23, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order dated May 23, 2005, is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701[a]).

SANTUCCI, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29445

S/sl

2004-05137, 2005-03827 Marion Woszczyna, respondent, v BJW Associates, et al., appellants, et al., defendants. (Index No. 3357/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Kings County, dated May 13, 2004, and March 22, 2005, respectively.

ORDERED that the application is granted and the reply brief shall be served and filed on or before September 16, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29467

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-03543 In the Matter of Sophia B. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Joanne B. (Anonymous), appellant; et al., respondent. (Docket No. N-3344-04)

DECISION & ORDER ON MOTION

Appeal by Joanne B. from an order of the Family Court, Orange County, dated March 23, 2005. By decision and order on motion of this court dated June 1, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before July 6, 2005. By order to show cause dated July 21, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding based on the appellant's failure to renew her motion for poor person relief on or before July 6, 2005.

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.

H. MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29446

E/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2005-05507 In the Matter of Kammi C. (Anonymous). Suffolk County Department of Social Services, respondent; Wanda C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Latyisha C. (Anonymous). Suffolk County Department of Social Services, respondent; Wanda C. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Tasheem C. (Anonymous). Suffolk County Department of Social Services, respondent; Wanda C. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Justine C. (Anonymous). Suffolk County Department of Social Services, respondent; Wanda C. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Justice C. (Anonymous). Suffolk County Department of Social Services, respondent; Wanda C. (Anonymous), appellant. (Proceeding No. 5) (Docket Nos. N-1158-04, N-1164-04, N-1165-04, N-1166-04, N-1169-04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal from an order of the Family Court, Suffolk County, dated May 24, 2005, as a poor person and for the assignment of counsel.

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

ORDERED that on the court's own motion, the appeal is dismissed as academic, without costs or disbursements, as the order dated May 24, 2005 has expired; and it is further,

ORDERED that the motion is denied as academic.

SANTUCCI, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29429

S/sl

2005-02688 In the Matter of Coalition of Landlords, Homeowners and Merchants, appellant, v Town of Brookhaven, etc., et al., respondents. (Index No. 11377/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated December 9, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 9, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29428

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2004-01312, 2005-02599 In the Matter of Simon Deith, respondent, v Susan Deith, appellant. (Docket No. O-5170/03)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Family Court, Nassau County, dated January 7, 2004, and May 25, 2004, respectively to strike stated portions of the reply brief on the ground that it refers to matter dehors the record, and application by the appellant for an award of an attorney's fee in connection with the motion.

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

ORDERED that the motion is granted to the extent that the following material is stricken:

(1) the last sentence of the first full paragraph on page three, beginning with the words, "On page 6 of his Brief", and ending with the words, "determined to be unfounded.";

(2) the second and third paragraphs, beginning with the words "Respondent ignores", and ending with the words, "was relevant to", and footnote two on page 15, and;

(3) the first two lines on page 16, beginning with the words "Respondent's motion", and ending with the words, "on June 6, 2005."; and it is further,

ORDERED that on or before September 22, 2005, the appellant shall delete or remove the stricken material from the copies of the reply brief on file with the Clerk of this court or serve and file a replacement reply brief that does not contain the stricken material, and the motion is otherwise denied; and it is further.

ORDERED that the application is denied.

H. MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29470

S/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2005-04852 In the Matter of Arthur DiPietro, an attorney and counselor-at-law. Grievance Committee of the Tenth Judicial District, petitioner; Arthur DiPietro, respondent. (Attorney Registration No. 1502558)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated August 30, 2005, in the above-entitled matter is amended by deleting from the preamble thereof the date "March 15, 1968," and substituting therefor the date "March 13, 1968."

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29469

S/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2005-08015 In the Matter of Ashley J. (Anonymous), et al. Administration for Children's Services, respondent. Philip J. (Anonymous), appellant. (Docket Nos. N-4616-04, N-617-04, N-4618-04, N-619-04)

Appeal by Philip J. from proceedings in the Family Court, Queens County.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from proceedings in the Family Court (see Family Ct Act § 1112).

SANTUCCI, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29408

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2005-06630 In the Matter of Dorothy Klein, et al., appellants, v Robert L. Garfinkle, etc., et al., respondents. (Index No. 21787/04)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a final order of the Supreme Court, Suffolk County, dated June 29, 2005.

ORDERED that the application is granted and the appellants' 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 their brief on the appeal is enlarged until September 30, 2005; and it is further,

ORDERED that the respondents' respective briefs must be served and filed on or before October 21, 2005, and the appellants' reply brief, if any, shall be served and filed on or before October 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29492

T/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

MARK C. DILLON, JJ.

2004-06783 In the Matter of John Park, respondent, v John Kapica, etc., et al., appellants. (Index No. 19519/03)

DECISION & ORDER ON MOTION

Motion by the Police Conference of New York, Inc., for leave to file an amicus curiae brief on an appeal from an order of the Supreme Court, Westchester County, entered June 24, 2004.

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

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

ORDERED that the amicus curiae brief must be served on the parties by overnight mail, and nine copies filed in this court on or before September 2, 2005; and it is further,

ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,

ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief on or before September 12, 2005.

FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29472

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2004-10802 In the Matter of Two Trees Farm, Inc., et al., respondents, v Planning Board of Town of Southampton, appellant. (Index No. 02-26065)

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, Suffolk County, dated November 10, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before September 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29479

L/

GABRIEL M. KRAUSMAN, JJ.

2004-08326 The People, etc., plaintiff, v Keith Dozier, defendant. (Ind. No.2461/00)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 12, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

GABRIEL M. KRAUSMAN

Associate Justice

Appellate Division: Second Judicial Department

M29411

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2004-06907 The People, etc., respondent, v Jie Mei Chen, appellant. (Ind. No. 4799/95)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered March 20, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 6, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29432

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2003-07324 The People, etc., respondent, v Comfort Pinckney, appellant. (Ind. No. 1497/00)

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 in response to the appellant's pro se supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, dated July 29, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief in response to the supplemental brief is enlarged until September 15, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29459

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GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2003-05988 The People, etc., respondent, v Barry Porter, appellant. (Ind. No. 3758/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to further enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 28, 2003.

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 appellant's time to serve and file the supplemental brief is enlarged, and the supplemental brief shall be served and filed on or before October 31, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M29517

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STEPHEN G. CRANE, J.

2005-08353 The People, etc., respondent v Mark Staropoli, appellant. (Ind. No. 033/05)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Rockland County, rendered August 30, 2005, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

Upon the papers filed in support of the motion, the papers filed in opposition thereto, and upon hearing the attorneys for the respective parties, it is

ORDERED that the motion is granted, execution of the judgment is stayed on the following conditions:

(1) that the appellant post bail in the sum of $200,000 by the giving of an insurance company bail bond in that amount or by depositing the sum of $200,000 as a cash bail alternative;

(2) the appellant shall not be alone with any child under 18 years of age except for family members within the sixth degree of consanguinity, unless an adult is present; and

(3) the appellant shall comply with all terms of an order of protection of the County Court, Rockland County, dated August 30, 2005; and it is further,

ORDERED that this stay shall terminate and be of no further effect either (1) 120 days from the date thereof, unless the appeal shall have been brought to argument or submitted to this court, or unless this court has extended this order or (2) upon determination of the appeal; and it is further,

 ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the Clerk of the court from which the appeal is taken.

STEPHEN G. CRANE

Associate Justice

Appellate Division: Second Judicial Department

M29452

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HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-06903 The People, etc., ex rel. Elijah F. Cyrus, Jr., petitioner, v Otis Bantum Correctional Center, respondent.

DECISION & ORDER ON MOTION

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.

H. MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29454

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-07524 The People, etc., ex rel. John A. J. Hinspeter, petitioner, v Calvin E. West, 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 no papers having been filed in opposition or relation 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]).

H. MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court