Appellate Division: Second Judicial Department

M15459

S/nal

2004-02989 George Anastasio, etc., et al., respondents-appellants, v Arthur Bartone, etc., et al., appellants-respondents. (Index No. 24545/99)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated March 1, 2004.

ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until November 29, 2004, and the joint record or appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15502

E/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2002-10210, 2003-01563 Anonymous, et al., respondents, v Dobbs Ferry Union Free School District, et al., defendants, Steven Nowicki, appellant. (Index No. 2675/00)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, entered September 19, 2002, and January 13, 2003, respectively, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix, and application by the respondents to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the application, 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 application is granted, the respondents' time to serve and file a brief is enlarged until October 12, 2004, and the respondents' brief must be served and filed on or before that date.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15443

R/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-07052 Chase Manhattan Mortgage Corporation, plaintiff, v Emilio Celestin, et al., defendants. (Index No. 06078/01)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order to show cause of the Supreme Court, Queens County, dated June 17, 2004, and to vacate a stay of eviction proceedings granted by a temporary restraining order contained in the order to show cause dated June 17, 2004.

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

ORDERED that the branch of the motion which is for leave to appeal to this court is denied on the ground that the order is not appealable (see CPLR 5701, 5704); and it is further,

ORDERED that the branch of the motion which is for a stay is denied as academic; and it is further,

ORDERED that on the court's own motion, the motion papers are deemed to be an application for relief pursuant to CPLR 5704; and it is further,

 ORDERED that the application is granted and the temporary restraining order contained in the order to show cause dated June 17, 2004, is stricken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15468

O/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-09834 Mary Frost, appellant, v William Goldberg, defendant; Howard B. Felcher, nonparty- respondent. (Index No. 28465/00)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 23, 2003, and cross motion by the respondent to dismiss the appeal on the ground that it was not timely perfected and for an attorney's fee.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until September 22, 2004, 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; and it is further,

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

ORDERED that the cross 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

M15505

E/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-11096 Gihon, LLC, respondent, v 501 Second Street, LLC, appellant. (Index No. 3446/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated October 22, 2003, for leave to prosecute the appeal on the original papers 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 motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until October 20, 2004, 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 the motion is otherwise denied.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15462

R/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-06197 Lloyd Gloudon, et al., plaintiffs, v Frederic R. Harris, Inc., et al., defendants, C.D.E. Air Conditioning Co., Inc., et al., defendants third-party plaintiffs; S&M Mechanical, Inc., third-party defendant. (Index No. 4154/99)

DECISION & ORDER ON MOTION

Motion by the plaintiffs for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated February 27, 2004, which modified an order of the Civil Court, Kings County, entered September 7, 2001. Motion by third-party defendant S&M Mechanical, Inc., in effect, for leave to appeal to this court from the same order.

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

ORDERED that the motions are denied.

ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15483

C/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-07277 John Kingston, etc., respondent, v Michael Breslin, et al., appellants. (Index No. 17481/00)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered May 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 denied.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15475

S/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-01281 Vincent Lawrence, etc., appellant, v Roxbury Homes, Ltd., et al., respondents. (Index No. 20361/01)

DECISION & ORDER ON APPLICATION

Application by the appellant to substitute Vincent Lawrence, as administrator of the estate of Ann Lawrence, for the deceased appellant Ann Lawrence, on an appeal from an order of the Supreme Court, Suffolk County, dated December 18, 2003.

Upon the papers filed in support of the application and upon the stipulation of the parties, it is

ORDERED that the application is granted, and Vincent Lawrence, as administrator of the estate of Ann Lawrence, is substituted for the deceased appellant Ann Lawrence and the caption of the action has been amended accordingly.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15469

R/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-06267 Krystina Leha, et al., appellants, v Yonkers General Hospital, et al., respondents, et al., defendants. (Index No. 18402/00)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondents Yonkers General Hospital, Christine Sosenko-Porytko, and Hema Santhanam to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated August 5, 2003, 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.

ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15484

C/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-04371 Elana Makris, etc., respondent, v Westchester County, et al., appellants, et al., defendants. (Index No. 246/97)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated April 16, 2004.

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

ORDERED that the motion is denied.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15480

S/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-03798 Chris McGinnis, appellant, v Douglas Woodward, etc., respondent. (Index No. 8843/02)

DECISION & ORDER ON APPLICATION

Application by the respondent to substitute Douglas Woodward, as preliminary executor of the estate of Margaret Weinz, for the deceased respondent Margaret Weinz, on an appeal from an order of the Supreme Court, Westchester County, dated March 19, 2004.

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

ORDERED that the application is granted, and Douglas Woodward, as preliminary executor of the estate of Margaret Weinz, is substituted for the deceased respondent Margaret Weinz and the caption of the action has been amended accordingly.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15458

S/nal

2004-00987 Domenica A. Miller, et al., plaintiffs, v Cara H. Lieberman, defendant, Chase Manhattan Automotive Finance Corp., defendant third-party plaintiff-respondent; Long Island Women's Healthcare Group, P.C., third-party defendant/ fourth-party plaintiff-appellant; Valley Forge Insurance Co., fourth-party defendant-appellant (and a related action). (Index No. 12890-00)

ORDER ON APPLICATION

Application by both appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, dated December 17, 2003.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15511

E/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2001-11057 Anthony Passalacqua, appellant, v State of New York, respondent. (Claim No. 96084)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2002 Calendar", dated November 12, 2002, as dismissed an appeal from an order of the Court of Claims, dated October 30, 2001, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

Appellate Division: Second Judicial Department

M15501

O/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-03379 Rayman Rahim, et al., plaintiffs-respondents, v Consolidated Edison Company of New York, Inc., defendant third-party plaintiff-respondent; Safeway Construction Enterprises, Inc., third-party defendant-appellant. (Index No. 17690/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 12, 2003, or, in the alternative, 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.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15481

S/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-07923 Tanya Robinson, appellant, v Marie Soutar, et al., respondents. (Index No. 8493/99)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 29, 2004, in the above-entitled case is amended by deleting from the first decretal paragraph the words "218, and 221", and substituting therefor the words "218 through 221".

KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14970

Y/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

THOMAS A. ADAMS

ROBERT A. LIFSON, JJ.

2003-09262 Linford Wilson, et al., appellants, v Power House Development Corp., respondent. (Index No. 9280/03)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Queens County, dated August 29, 2003, on the ground that it has been rendered academic, to strike certain portions of the appellants' record and brief on the ground that they contain or refer to matters dehors the record, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to enlarge time is granted, the respondent's time to serve and file a brief is enlarged until September 20, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion to dismiss the appeal on the ground that it has been rendered academic is denied without prejudice to the respondent to raising the issue in its brief; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15474

Y/nal

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-08166 Gina Young, et al., respondents, v Johnson Tseng, et al., appellants. (Index No. 12894/00) L&Y Development, LLC, et al., respondents, v T.C. Foods Import & Export Co., Inc., et al., appellants. (Index No. 13978/00)

DECISION & ORDER ON MOTION

Motion by the appellant to enjoin the receiver appointed in the above-entitled actions from taking any action to sell or transfer the subject property pending hearing and determination of an appeal from a judgment of the Supreme Court, Queens County, dated May 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.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15479

S/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2002-09696 In the Matter of Warren Azzinaro, etc. Barbara Helkowski, appellant; Vincent Messina, respondent. (Index No. 210/02)

DECISION & ORDER ON APPLICATION

Application by the respondent to substitute Warren Azzinaro, as executor of the estate of Henry Azzinaro, for the decedent Henry Azzinaro, on an appeal from an order of the Supreme Court, Suffolk County, dated October 3, 2002.

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

ORDERED that the application is granted, and Warren Azzinaro, as executor of the estate of Henry Azzinaro, is substituted for the decedent Henry Azzinaro and the caption of the action has been amended accordingly.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15471

Y/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-04897 In the Matter of Regina Beretervide, appellant, v Curtis G. Pharr, respondent. (Docket No. V-2808-03)

DECISION & ORDER ON MOTION

Appeal by Regina Beretervide from an order of the Family Court, Orange County, dated April 28, 2004. By order to show cause dated August 5, 2004, 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 for failure to comply with a scheduling order dated June 16, 2004, issued pursuant to 22 NYCRR 670.4(a).

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

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

ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated June 16, 2004, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until November 8, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15500

Y/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-03184 In the Matter of John Grasso, appellant; Standardbred Owners Association, Inc., respondent. (Index No. 20012/03)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Westchester County, entered February 25, 2004, on the ground that it was entered sua sponte and a purported appeal from an order of the same court dated March 30, 2004, or, in the alternative, to enlarge the time to serve and file a brief.

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 for an enlargement of time is granted; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until October 12, 2004, and the respondent'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; and it is further,

 ORDERED that the branch of the motion which is to dismiss the purported appeal from the order dated March 30, 2004, is denied as unnecessary, as no appeal is pending from that order; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15482

A/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

SONDRA MILLER

ROBERT A. SPOLZINO, JJ.

2004-06768 In the Matter of Nokaya M. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, appellant; Eltheb E. (Anonymous), respondent. (Proceeding No. 1) (Docket No. N-24077/02) In the Matter of Sarah E. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, appellant; Eltheb E. (Anonymous), respondent. (Proceeding No. 2) (Docket No. N-24078/02) In the Matter of Tariq E. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, appellant; Eltheb E. (Anonymous), respondent. (Proceeding No. 3) (Docket No. N-24079/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Kings County, dated August 5, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15487

CF/

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

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated June 4, 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

M15472

CF/

2004-00748 In the Matter of Michael Pavese, deceased. Barbara Pavese, respondent; Peter Pavese, etc., et al., appellants. (File No. 319819)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Surrogate's Court, Nassau County, dated November 6, 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

M15567

E/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

SONDRA MILLER

ROBERT A. SPOLZINO, JJ.

2004-07082, 2004-07083 In the Matter of Samuel H. Sloan, appellant, v Nero Graham, et al., respondents. (Index No. 25231/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to reargue appeals from an undated final order of the Supreme Court, Kings County, and an order of the same court dated August 13, 2004, which were determined by decision and order of this court dated August 19, 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 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

M15574

E/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

SONDRA MILLER

ROBERT A. SPOLZINO, JJ.

2004-07081 In the Matter of Samuel H. Sloan, appellant, v Charles E. Knapp, et al., respondents. (Index No. 25230/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to reargue an appeal from a final order of the Supreme Court, Kings County, dated August 10, 2004, which was determined by decision and order of this court dated August 19, 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 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

M15533

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2002-11096 The People, etc., respondent, v Keith Brown, appellant. (Ind. No. 130/01)

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Richmond County, rendered December 9, 2002.

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 respondent's time to serve and file a brief is enlarged until October 8, 2004, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15005

K/sl

ANITA R. FLORIO, J.

2004-03030 The People, etc., plaintiff, v Frank Oglesby, defendant. (Ind. No. 4506/96)

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 January 23, 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.

ANITA R. FLORIO

Associate Justice

Appellate Division: Second Judicial Department

M15162

F/

A. GAIL PRUDENTI, P.J.

2004-06371 The People, etc., plaintiff, v Rudolph Rossi, defendant. (Ind. No. 5801/89)

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 June 10, 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.

A. GAIL PRUDENTI

Presiding Justice

Appellate Division: Second Judicial Department

M14944

F/

THOMAS A. ADAMS, J.

2004-06089 The People, etc., plaintiff, v Jermaine Singh, defendant. (Ind. No. 2475/99)

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 June 18, 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.

THOMAS A. ADAMS

Associate Justice

Appellate Division: Second Judicial Department

M14440

K/sl

THOMAS A. ADAMS, J.

2002-02224 The People, etc., respondent, v Derek Sloane, appellant. (Ind. No. 00-01478)

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, Westchester County, rendered January 30, 2002, 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 and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

THOMAS A. ADAMS

Associate Justice