Appellate Division: Second Judicial Department

M15446

CF/

2004-04705 Joseph Anzalone, Jr., respondent, v Thomas Schmid, et al., appellants. (Index No. 7351/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M15449

CF/

2004-01937 Valery Bredikhin, et al., respondents, v Jack Berman, appellant. (Index No. 2842/02)

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 December 16, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M15438

CF/

2004-01782 Annemarie Clarino-Reyes, et al., appellants, v Carl Tripp, et al., respondents. (Index No. 24814/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated January 8, 2004.

Upon the stipulation of the parties, dated August 18, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15465

CF/

2004-02014 DJS Realty, Inc., appellant, v NBF Enterprises, Inc., et al., respondents. (Index No. 9659/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M15445

S/nal

2004-01948 LaSalle Bank National Association, etc., respondent, v Canarsie Hotel Corporation, et al., appellants. (Index No. 6816/03)

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 January 9, 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

M15433

E/nal

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-00536 Laurie J. Macauley, etc., appellant, et al., plaintiff, v Elrac, Inc., et al., respondents. (Index No. 5029/00)

DECISION & ORDER ON MOTION

Motion by the respondent Elrac, Inc., for leave to reargue an appeal from an order of the Supreme Court, Dutchess County, dated November 26, 2002, which was determined by decision and order of this court dated April 19, 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.

SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15450

CF/

2002-01890 Vanessa Maddox, respondent, v Famous Horse, Inc., etc., et al., appellants. (Index No. 38521/99)

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 January 15, 2002.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15441

CF/

2004-02996 Caroline Maiorana, et al., appellants, v Orlando Martinez, et al., respondents. (Index No. 9369/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 12, 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

M15430

PL/sl

2004-02010 Stanislaw Majlinger, respondent, v Cassino Contracting Corporation, et al., appellants (Index No. 12301/01)

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, Richmond County, dated January 14, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 22, 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

M15456

CF/

2003-07729 Stanley C. Matusewicz, appellant, v Jeanine M. Prysock, respondent. (Index No. 10797/99)

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 June 11, 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

M15453

CF/

2004-05310 Mortgage Electronic Registration Systems, Inc., plaintiff-respondent, v Adnan Sakli, et al., defendants-respondents, Long Island Realty Development, Ltd., appellant. (Index No. 418/03)

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 April 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

M15436

O/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-06823 Noble Drew Ali Plaza Tenants Association, etc., respondents, v Noble Drew Ali Plaza Housing Corp., et al., appellants, et al., defendants. (Index No. 53655/02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 24, 2004, and for a preference in the calendaring 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15447

L/

2003-10175, 2004-04362 Luis Pozo, plaintiff-respondent, v Toll Land V Limited Partnership, etc., et al., defendants third party plaintiffs-appellants, Axe Siding Company, Inc., defendant-respondent; Broccolo Masonry, Inc., et al., third-party defendants-respondents. (Index No. 04034/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw appeals from two orders of the Supreme Court, Westchester County, dated October 9, 2003, and April 5, 2004, respectively.

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

ORDERED that the application is granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15454

CF/

2004-05558 Luis Salto, et al., respondents, v Gonzalo Tenezaca, appellant (and a third-party action). (Index No. 19199/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 27, 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

M15439

CF/

2004-03367 Sylvia Smith, appellant-respondent, v Southland Corporation, et al., defendants-respondents, STTAL Corporation, respondent-appellant. (Index No. 838/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 30, 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

M15444

S/nal

2004-07254 So/Bluestar, LLC, respondent, v Canarsie Hotel Corporation, et al., appellants. (Index No. 6816/03)

ORDER ON APPLICATION

ORDERED that the order on application of this court dated August 27, 2004, in the above-entitled case which granted the appellants' application to withdraw this appeal, is recalled and vacated, and the appeal is reinstated, as the appellants intended to withdraw an appeal pending under Appellate Division Docket No. 2004-01948.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15435

CF/

2004-02173 Hazel Styles, respondent, v Ronald Tyler, appellant. (Index No. 33764/00)

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 November 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

M15448

CF/

2004-05097 Cilia Tenorio, et al., plaintiffs-respondents, v Bobby Management Corporation, et al., defendants-appellants, Kimberly Kenney, defendant-respondent-appellant. (Index No. 12745/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants Bobby Management Corporation and Mohammed Rajput to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 7, 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 by Bobby Management Corporation and Mohammed Rajput is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15440

CF/

2004-01759 T2 Teleconsultants, Inc., appellant, v Suburban Carting Corp., d/b/a Allied Waste, respondent. (Index No. 20464/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 31, 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

M15442

CF/

2004-04368 Anasha Zanders, et al., appellants, v Charles E. Brown, et al., defendants, Early Learning Center Preschool, Inc., respondent. (Index No. 10497/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 7, 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

M15437

CF/

2004-06407 In the Matter of Peter Gontzes, appellant, v Lana Gontzes, respondent. In the Matter of Lana Gontzes, respondent, v Peter Gontzes, appellant. (Docket Nos. V-18547-02, V-18548-02, V-18549-02, V-1152-03, V-1153-03, V-1154-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated June 7, 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

M15467

Y/nal

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

GLORIA GOLDSTEIN, JJ.

2003-07196 In the Matter of Hartford Insurance Company of the Midwest, appellant, v Paulina Creinis, et al., respondents-respondents, et al., respondent. (Index No. 20549/02)

DECISION & ORDER ON MOTION

Motion by the respondents-respondents for leave to reargue an appeal from an order of the Supreme Court, Kings County, July 9, 2003, which was determined by decision and order of this court dated June 7, 2004, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15434

E/nal

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-09170 In the Matter of One Overlook Avenue Corp., petitioner, v New York State Division of Human Rights, respondent. (Index No. 7241/03)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue a proceeding pursuant to CPLR article 78, which was determined by decision and judgment of this court dated June 1, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and judgment 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.

SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15451

CF/

2004-06118 In the Matter of Susan Wiley, respondent, v Roger Dawson, appellant. (Docket No. F-3872-04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Westchester County, dated June 8, 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

M15334

S/sl

HOWARD MILLER, J.

2004-06105 The People, etc., plaintiff, v Ramon Espinal, defendant. (Ind. No. 8560/89)

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 May 20, 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.

HOWARD MILLER

Associate Justice

Appellate Division: Second Judicial Department

M15452

E/nal

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2002-01913 The People, etc., respondent, v Remi Illis, appellant. (Ind. No. 1725/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered February 26, 2002, inter alia, for leave to amend his supplemental brief.

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., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 1527

Clinton Corr. Fac.

Box 2001

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M15463

Y/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-02101 The People, etc., respondent, v Marcellus Morris, appellant. (Ind. No. 1223N/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the County Court, Nassau County, rendered February 21, 2003.

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

M15464

Y/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2002-11317 The People, etc., respondent, v Johnny Pertillar, appellant. (Ind. No. 02/751)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the County Court, Orange County, rendered November 25, 2002.

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

M15419

E/sl

HOWARD MILLER, J.P.

SONDRA MILLER

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2003-01962 The People, etc., respondent, DECISION & ORDER v Aurel Smith, appellant. (Ind. No. 01-01484)

ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered November 20, 2002.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 6279

Sing Sing Corr. Fac.

354 Hunter St.

Ossining, New York 10562

Appellate Division: Second Judicial Department

M15460

Y/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-10618 Ocwen Federal Bank, FSB, respondent, v Phenide Joseph, et al., appellants. (Index No. 25995/01)

DECISION AND ORDER ON MOTION

Motion by the appellants, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 22, 2003.

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