Appellate Division: Second Judicial Department

M15541

S/sl

2004-01911 Assembly of God of Wading River, Inc., respondent, v Louis Bates, et al., appellants. (Index No. 25397/99)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated February 3, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15617

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

1999-05572 James Bungay, et al., respondents, v Consolidated Edision Company of New York, appellant-respondent; Joy Power Products, Inc., third-party plaintiff-respondent-appellant, Nab Construction Corporation, third-party defendant-respondent. (Index No. 5021/93)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal and Cross Appeal

Separate applications by the appellant-respondent and the respondent-appellant for leave to withdraw an appeal and cross appeal from an order of the Supreme Court, Queens County, dated April 1, 1999.

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

ORDERED that the applications are granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15473

R/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-01947 Chama Holding Corp., et al., plaintiffs- respondents, v Generali-US Branch, appellant, Jasmine Pierret, etc., et al., defendants- respondents. (Index No. 163/03)

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, Kings County, dated January 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 denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15583

CF/

2003-06690 Vincezo Cirillo, respondent, v Slomin's, Inc., appellant. (Index No. 9516/02)

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 June 15, 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

M15538

Y/sl

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-02125 Jon Cooper, plaintiff-respondent, v Island Transportation Corporation, et al., defendants-respondents, Smith Limousine Co., Inc., appellant. (Index No. 29410/00)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated January 23, 2004, for leave to reargue a motion to stay the trial in the above-entitled action, which was determined by decision and order of this court dated May 12, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15576

CF/

2004-03757 Mary Jane Crescenzo, respondent, v Randolph Krause, et al., appellants. (Index No. 6984/03)

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 February 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

M15581

CF/

2004-00712 John M. Daly, appellant, v Rebecca Daly, respondent. (Index No. 8670/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, entered December 19, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15608

S/sl

2003-09118 Masha Davis, et al., respondents, v City of New York, appellant. (Index No. 18605/99)

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, Kings County, dated September 30, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 4, 2004, 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

M15606

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-11307 Keith Donohue, et al., plaintiffs-respondents, v Thomas Werle, defendent-respondent, Louis Werle, et al., appellants. (Index No. 6265/02)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated November 17, 2003.

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 plaintiffs-respondents' time to serve and file a brief is enlarged until September 24, 2004, and the plaintiffs-respondents' 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

M15540

S/sl

2004-00512 Alicia Farmer, appellant, v Nostrand Avenue Meat and Poultry, defendant, Fred Lane, respondent. (Index No. 25119/96)

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 October 31, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 13, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15604

M/nal

2003-11036 Eva Ferro, appellant, v William Ferro, respondent. (Index No. 26785/99)

SCHEDULING ORDER

Appeal by Eva Ferro from a judgment of the Supreme Court, Queens County, dated October 27, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by serving and filing the record or the appendix and the appellant's brief on the appeal is enlarged until September 30, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15616

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-11266 Alice Finch, respondent, v Hudson Valley Hospital Center, appellant. (Index No. 17218/01)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated November 25, 2003.

Upon the stipulation of the attorneys for the respective parties, dated August 2, 2004, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15545

PL/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2003-04344 405 44th Street Realty Co., respondent, v 168 Fortune Realty, Inc., et al., defendants; Naftoli Weber, nonparty-appellant. (Index No. 23960/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated June 7, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Sunset Gardens Housing Corporation on an appeal from an order of the Supreme Court, Kings County, dated April 1, 2003, for leave to intervene on the appeal, to dismiss the appeal as academic, or alternatively, to enlarge the record on appeal to include a certain affidavit dated April 1, 2004. Application by the respondent to enlarge the time to serve and file a brief on the appeal.

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

ORDERED that the branch of the motion which is for leave to intervene is granted; and it is further,

ORDERED that Sunset Gardens Housing Corporation shall serve and file its brief on or before July 7, 2004; and it is further,

ORDERED that the branch of the motion to dismiss the appeal as academic is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

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

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 7, 2004, and its 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15673

J/sl

2004-04191 John J. Fumo, Jr., et al., respondents, v NAB Construction Corporation, appellant. (Index No. 3508/98)

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, Dutchess County, dated April 1, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 7, 2004, 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

M15650

CF/

2004-02895 Rose Gallina, respondent, v John Gallina, appellant. (Index No. 1829/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated February 18, 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

M15572

CF/

2004-01048 Christopher Guzzetta, plaintiff, v Signature Flight Support Corporation, et al., defendants third-party plaintiffs-respondents; Sharp Details, Inc., third-party defendant-appellant. (Index No. 13740/02)

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 10, 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

M15493

C/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-01235, 2004-05479 Lirije Juseinoski, et al., plaintiffs-respondents, v New York Hospital Medical Center of Queens, et al., defendants third-party plaintiffs-appellants; Office of Chief Medical Examiner of City of New York, et al., third-party defendants-respondents. (Index No. 28516/98)

DECISION & ORDER ON MOTION

Motion by Greater New York Hospital Association for leave to file an amicus curiae brief on appeals from two orders of the Supreme Court, Kings County, dated January 9, 2004, and May 13, 2004, respectively.

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

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

ORDERED that the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before September 30, 2004; 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 within 10 days after service upon them of the amicus curiae brief.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15689

L/

2004-05285 Maria Kellner, respondent, v Lloyd Kellner, appellant. (Index No. 204013/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 11, 2004.

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 appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15653

CF/

2004-03777 John LaMonica, et al., respondents, v Reliance Electric Company, Inc., et al., appellants (and a third-party action). (Index No. 10421/95)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated March 11, 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

M15570

PL/sl

2004-01397 Judith Leahy, respondent, v Federated Department Stores, Inc., d/b/a Bloomingdales, appellant (and a third-party action). (Index No. 15566/01)

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, Nassau County, dated September 10, 2003.

ORDERED that the application is granted and 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.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15515

PL/sl

2004-03596 Julie Levine, appellant, v Robert Levine, respondent. (Index No. 9938/99)

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, Westchester County, entered March 26, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 4, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15603

Y/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-08903 Eddie M. Lewter, respondent, v Leilani Russell Lewter, appellant. (Index No. 6347/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated August 12, 2003, as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal.

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

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, 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 her brief on the appeal is enlarged until October 15, 2004; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the branches of the motion which are for a copy of the transcript free of charge, to waive the filing fee, and for the assignment of counsel, are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15594

L/

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2002-10304 Nirva Louis, appellant, v Robert M. Cohen, Jr., et al., respondents. (Index No. 29765/01)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 10, 2002.

Upon the stipulation of the attorneys for the respective parties, dated August 16, 2004, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

FLORIO, J.P., KRAUSMAN, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15534

C/sl

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-10064 Marie McGuire, respondent, v Sterling Doubleday Enterprises, L.P., et al., appellants. (Index No. 4456/03)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated September 11, 2003, to strike so much of the respondent's brief as refers to a document known as a First Aid Station Report.

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

ORDERED that the motion is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal.

SMITH, J.P., CRANE, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15596

S/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-01012 Rory Murphy, et al., plaintiffs-respondents, v Sawmill Construction Corporation, defendant- respondent, Perry Quaranti, et al., appellants, et al., defendant. (Index No. 5177/00)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Appeal by the defendants Perry Quaranti and Grace Ann Quaranti from an order of the Supreme Court, Rockland County, dated June 26, 2003.

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

ORDERED that appeal is dismissed, without costs or disbursements, as this appeal is a duplicate of an appeal pending under Appellate Division Docket No. 2003-07395, which was withdrawn by an order on application of this court dated March 10, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15586

CF/

2004-03157, 2004-03165 NYC Realty Quest, Inc., appellant, v James T. Gucciardo, et al., respondents. (Index No. 8621/94)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from an order and judgment (one paper) of the Supreme Court Suffolk County, dated March 3, 2004, and an order of the same court dated November 14, 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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15549

M/nal

2004-04306 Howard Nash, appellant, v Elizabeth Yablon-Nash, respondent. (Index No. 44784/03)

SCHEDULING ORDER

Appeal by Howard Nash from an order of the Supreme Court, Kings County, dated April 23, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 16, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 35 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M15554

M/nal

2003-11223 Susan K. Neuman, appellant, v Marvin H. Neuman, respondent. (Index No. 203964/00)

SCHEDULING ORDER

Appeal by Susan K. Neuman from a judgment of the Supreme Court, Nassau County, dated October 30, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal is enlarged until October 13, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15592

S/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-02185 Jemiliya Pudalov, appellant, v Scott Pudalov, respondent. (Index No. 00333/99)

DECISION & 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, Westchester County, dated January 29, 2004.

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

ORDERED that on the court's own motion the appeal from so much of the order as directed a hearing on the defendant's motion for downward modification of his support and maintenance obligations is dismissed, without costs or disbursements, as that portion of the order is not appealable as of right and we decline to grant leave to appeal (see Bagdy v Progresso Foods Corp., 86 AD2d 589); and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 4, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15636

CF/

2004-04837 Karen Ramos, et al., appellants, v Nouveau Industries, Inc., respondent. (Index No. 25420/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 21, 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

M15564

R/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-06617 Anna Sawoszczyk, respondent, v Chris Rudak, et al., appellants. (Index No. 5662/01)

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, Rockland County, entered July 8, 2004.

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

M15598

L/

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

BARRY A. COZIER, JJ.

2002-03959 Darryl Scales, etc., et al., plaintiffs- respondents, v Diane Pollack, et al., defendants third-party plaintiffs-respondents; Greenpoint Savings Bank, defendants third- party defendants-appellants. (Index No. 44169/94)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 21, 2002.

Upon the stipulation of the attorneys for the respective parties, dated August 26, 2004, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

SMITH, J.P., KRAUSMAN, SCHMIDT and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15651

CF/

2004-02991 Sonia Schultz, appellant, v Yonkers and Hempstead Realty, LLC, et al., respondents. (Index No. 11115/02)

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 February 18, 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

M15615

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-04459 Natasha K. Soogrim, et al., respondents, v CU Financial Services, Inc., et al., appellants. (Index No. 7839/02)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 10, 2004.

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

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15489

C/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-11397 Magloire Sylvester, et al., appellants, v New Water Street Corp., et al., respondents. (Index No. 7057/98)

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 December 1, 2003.

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 appellants' time to perfect the appeal is enlarged until October 28, 2004, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15599

S/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2003-06914 US 1 Brookville Real Estate Corp., respondent, v Silvio Spallone, appellant. (Index No. 15228/94)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated July 14, 2003, on the grounds that the appellant failed to include in the record on appeal the transcript of the minutes of a hearing before the referee and that the appellant failed to timely perfect the appeal. By decision and order on motion dated June 17, 2004, the branch of the motion which was to dismiss the appeal on the ground that the appellant failed to include in the record on appeal the transcript of the minutes of the hearing before the referee was held in abeyance and the matter was remitted to the Supreme Court, Nassau County, to report on whether the transcript was considered in issuing the order dated July 14, 2003, and the motion was otherwise denied.

Upon the papers filed in support of that branch of the motion which was to dismiss the appeal and the papers filed in opposition thereto, and upon the report of the Supreme Court, Nassau County, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant failed to include in the record on appeal the transcript of the minutes of the hearing before the referee is denied on condition that on or before November 12, 2004, the appellant obtain and settle the transcript of the hearing before the referee and serve and file a supplemental record containing those minutes; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until December 17, 2004.

PRUDENTI, P.J., ADAMS, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15552

S/sl

2003-09075 Waste Management of New York, Inc., respondent, v Bedford Stuyvesant Restoration Corporation, et al., appellants. (Index No. 6475/02)

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 an appeal from an order of the Supreme Court, Nassau County, dated February 25, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before September 21, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15566

CF/

2004-02065 Westbury Property Investment Company, plaintiff-respondent, v Irene Pergament, et al., appellants, Breslin Realty Associates, et al., defendants-respondents. (Index No. 17388/00)

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 February 10, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15601

M/nal

2004-03528 In the Matter of Abigail Anaya, respondent, v Stacey H. Hundley, appellant. (Docket No. V-4675-91)

SCHEDULING ORDER

Appeal by Stacey H. Hundley from an order of the Family Court, Suffolk County, dated April 19, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 22, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until September 27, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15535

A/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-07555 In the Matter of Anonymous, respondent, v Anonymous, appellant. (Index No. 11483/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Nassau County, entered August 30, 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., SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15544

M/nal

2004-05037 In the Matter of Loretta Connolly, respondent, v Timothy P. Connolly, appellant. (Docket No. F-17686-02)

ORDER TO SHOW CAUSE

Appeal by Timothy P. Connolly from an order of the Family Court, Suffolk County, dated April 16, 2004. By scheduling order dated July 2, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4)an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 2, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 27, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15569

Y/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-10994, 2003-10995 In the Matter of Derick Shea D. (Anonymous). Jewish Child Care Association of New York, et al., respondents; D'Hana E'Latisha D. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-22579/00) In the Matter of Ashlen Shadoe D. (Anonymous). Jewish Child Care Association of New York, et al., respondents; D'Hana E'Latisha D. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-22580/00)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Family Court, King County, both dated November 12, 2003, to relieve the Legal Aid Society as Law Guardian for the subject children, for the assignment of a new Law Guardian, and for an enlargement of time to perfect the appeals.

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 relieve the Law Guardian and assign a new Law Guardian for the subject children is denied without prejudice to raising the issue in the appellant's brief; 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 January 8, 2004, is amended to provide that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until November 9, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15563

E/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-03332 In the Matter of Louis de la Parra, appellant, v Diane S. Cazzetta, respondent. (Docket No. F-774/97)

DECISION & ORDER ON MOTION

Appeal by Louis de la Parra from an order of the Family Court, Suffolk County, dated March 4, 2004. By order to show cause dated July 27, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated June 15, 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 15, 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 October 25, 2004.

RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15519

Y/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-02538 In the Matter of Theresa DeSanctis, respondent, v Vincent Macaluso, appellant. (Docket No. P-631-87)

DECISION & ORDER ON MOTION

Appeal by Vincent Macaluso from an order of the Family Court, Richmond County, dated February 28, 2003. By order to show cause dated August 18, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated April 9, 2003, 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 April 9, 2003, 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 9, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15546

M/nal

2004-04894 In the Matter of Robert Everett, Jr., appellant, v Billijo McBride, respondent. (Docket No. V-3631-01)

ORDER TO SHOW CAUSE

Appeal by Robert Everett, Jr., from an order of the Family Court, Orange County, dated April 15, 2004. By scheduling order dated June 16, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated June 16, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 27, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15510

M/nal

2003-10913 In the Matter of Frank F. (Anonymous). Administration for Children's Services, respondent; Cheryl F. (Anonymous), appellant. (Docket No. NA-6532/02)

SCHEDULING ORDER

Appeal by Cheryl F. from an order of the Family Court, Queens County, dated November 14, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 22, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until September 30, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15537

R/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2004-07459 In the Matter of Ketevan Grigolava, appellant, v Gia Melikishvili, respondent. (Docket Nos. V-4251/01, V-14040/99)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to appeal to this court from an order of the Family Court, Queens County, dated August 16, 2004, and to stay enforcement of the order pending hearing and determination of the appeal.

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 leave to appeal is granted; and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15542

M/nal

2004-05603 In the Matter of Gail Larkin, respondent, v Harry E. Minall, appellant. (Docket Nos. V-00870-04, V-00871-04)

ORDER TO SHOW CAUSE

Appeal by Harry E. Minall from an order of the Family Court, Richmond County, dated June 2, 2004. By scheduling order dated July 6, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 6, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 27, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15503

M/nal

2004-02135 In the Matter of Miriam Leyberman, respondent, v Lev Leyberman, appellant. (Docket No. F-02308/01)

SCHEDULING ORDER

Appeal by Lev Leyberman from an order of the Family Court, Kings County, dated December 29, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until September 23, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15568

CF/

2004-02306 In the Matter of Liberty Title Agency, L.L.C., respondent, v North Shore Abstract, Ltd., appellant. (Index No. 18684/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, entered January 6, 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

M15528

M/nal

2004-05624 In the Matter of Penelope M. (Anonymous), respondent, v Byagi C. (Anonymous), a/k/a Marie Byagi C. (Anonymous), appellant. (Docket No. P-1061-98)

ORDER TO SHOW CAUSE

Appeal by Byagi C., a/k/a Marie Byagi C. from an order of the Family Court, Westchester County, dated June 3, 2004. By scheduling order dated July 7, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 7, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 27, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15559

M/nal

2003-08924 In the Matter of Ramsay M. (Anonymous). Administration for Children's Services, appellant; Olga P. (Anonymous), et al., respondents. (Docket No. NA-14192/02)

SCHEDULING ORDER

Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated September 25, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until September 30, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15516

M/nal

2003-10041 In the Matter of Raymond M. (Anonymous). Orange County Department of Social Services, respondent; Benjamin M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Samantha M. (Anonymous). Orange County Department of Social Services, respondent; Benjamin M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Tiffany M. (Anonymous). Orange County Department of Social Services, respondent; Benjamin M. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. NA-2487-03, NN-2488-03, NN-2489-03)

SCHEDULING ORDER

Appeal by Benjamin M. from an order of the Family Court, Orange County, dated October 21, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 25, 2004, and the respondent's brief was served and filed on August 27, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until September 13, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15588

R/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-04756 In the Matter of Bertha Y. Marti, appellant, v Pedro M. Marti, respondent. (Docket No. F-5958/02)

DECISION & ORDER ON MOTION

Appeal by Bertha Y. Marti from an order of the Family Court, Queens County, dated April 23, 2004. By order to show cause dated July 22, 2004, issued pursuant to 22 NYCRR 670.4(a)(5), the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated June 9, 2004, issued pursuant to 22 NYCRR 670.4(a).

Upon the court's own motion, and upon 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 9, 2004, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on 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 is enlarged until October 25, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15514

M/nal

2002-06499 In the Matter of Thomas McCormick, appellant, v Diane Franklin, respondent. (Docket No. V-180-02)

SCHEDULING ORDER

Appeal by Thomas McCormick from an order of the Family Court, Westchester County, dated July 2, 2002. The appellant's brief was filed in the office of the Clerk of this court on August 23, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M15518

M/nal

2004-05361 In the Matter of Minzi Wang, petitioner-respondent, v John Zhong Qiang Chu, appellant, et al., respondent. (Docket No. V-7850-04)

ORDER TO SHOW CAUSE

Appeal by John Zhong Qiang Chu, by permission, from an order of the Family Court, Queens County, dated May 17, 2004. By scheduling order dated July 14, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 14, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 27, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15580

O/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-00472 In the Matter of Lorraine Montez, respondent, v Santiago Montez, appellant. (Docket No. F-15540/02)

DECISION & ORDER ON MOTION

Appeal by Santiago Montez from an order of the Family Court, Westchester County, dated May 14, 2004. By order to show cause dated August 12, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 14, 2004, issued pursuant to 22 NYCRR 670.4(a).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 14, 2004 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15529

M/nal

2004-05521 In the Matter of Lenora Myrick, appellant, v Administration for Children's Services, et al., respondents. (Docket Nos. V-11689-02, V-11699-02)

ORDER TO SHOW CAUSE

Appeal by Lenora Myrick from an order of the Family Court, Queens County, dated June 23, 2004. By scheduling order dated July 7, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 7, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 27, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15602

R/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-04867 In the Matter of Alicia Nowlin-Seward, respondent, v Kirk Taylor, appellant. (Docket No. F-13549/02)

DECISION & ORDER ON MOTION

Appeal by Kirk Taylor from an order of the Family Court, Westchester County, dated April 22, 2004. By order to show cause dated July 13, 2004, issued pursuant to 22 NYCRR 670.4(a)(5), the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated June 9, 2004, issued pursuant to 22 NYCRR 670.4(a).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 9, 2004 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15532

M/nal

2004-05604 In the Matter of Kelly Ochlan, appellant, v Raymond Ochlan, respondent. (Docket No. V-4736/03)

ORDER TO SHOW CAUSE

Appeal by Kelly Ochlan from an order of the Family Court, Richmond County, dated May 21, 2004. By scheduling order dated July 6, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 6, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 27, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15531

M/nal

2004-05092 In the Matter of Nektaria Patellis, respondent, v Antonio Patellis, appellant. (Docket No. F-02434-03)

ORDER TO SHOW CAUSE

Appeal by Antonio Patellis from an order of the Family Court, Rockland County, dated April 23, 2004. By scheduling order dated July 6, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 6, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 27, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15571

S/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

STEPHEN G. CRANE, JJ.

2004-07473 In the Matter of Jeffrey Pollack, respondent, v Janice Vega, appellant. (Docket Nos. V-01111/99, V-02972-3/99)

DECISION & ORDER ON MOTION

Motion by Janice Vega for leave to appeal to this court from an order of the Family Court, Queens County, dated August 19, 2004, and to stay enforcement of that order pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., RITTER, SANTUCCI and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15476

O/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-02593 In the Matter of Michael Angel R. (Anonymous). Salvation Army, respondent; Rosella Ellen R. (Anonymous), appellant. (Docket No. B-16480/01)

DECISION & ORDER ON MOTION

Appeal by Rosella Ellen R. from an order of the Family Court, Kings County, dated January 23, 2004. By decision and order on motion dated June 10, 2004, the appellant's motion for poor person relief was denied with leave to renew on or before July 28, 2004. By order to show cause dated August 5, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to renew the motion for leave to prosecute the appeal as a poor person by July 28, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated June 10, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15521

A/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

THOMAS A. ADAMS

ROBERT A. LIFSON, JJ.

2003-02280 In the Matter of John Ramsey, Jr., appellant, v Town of Hempstead, respondent. (Index No. 9131/02)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this court dated November 25, 2003, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2003 Calendar" as dismissed an appeal from a judgment of the Supreme Court, Nassau County, entered September 20, 2002, for failure to timely perfect, 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 opposition thereto, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15506

M/nal

2004-03065, 2004-03068 In the Matter of Pedro L. Rivera, respondent, v Marcia Quinones-Rivera, appellant. (Docket No. O-2140-04)

SCHEDULING ORDER

Appeals by Marcia Quinones-Rivera from two orders of the Family Court, Queens County, both dated March 12, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until September 29, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15495

M/nal

2004-02104 In the Matter of Marianna Rosato, respondent, v Mark Rosato, appellant. (Docket No. F-722/97)

SCHEDULING ORDER

Appeal by Mark Rosato from an order of the Family Court, Rockland County, dated February 6, 2004. By decision and order of this court dated August 25, 2004, the following attorney was assigned as counsel on the appeal:

Ann Gilleece, Esq.

399 Knollwood Road - Suite 207

White Plains, New York 10603

(914) 761-0060

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 20 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated August 25, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 20 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.

Appellate Division: Second Judicial Department

M15553

M/nal

2004-02775 In the Matter of Elesabif S.-P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Isabel P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. (Proceeding No. 2) In the Matter of Tanya P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. NN-26038-00, NN-26039-00, NN-26040-00)

SCHEDULING ORDER

Appeal by Commissioner of Administration for Children's Services of the City of New York from an order of the Family Court, Kings County, dated April 1, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until September 15, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15547

M/nal

2004-03320, 2004-07626 In the Matter of Rudolph S. (Anonymous), appellant. (Docket Nos. D-01468/04, D-05966/03)

SCHEDULING ORDER

Appeals by Rudolph S. from two orders of the Family Court, Kings County, both dated April 6, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 20, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M13454

M/nal

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

SCHEDULING ORDER

Appeal by Reinaldo Aybar from an order of the Family Court, Kings County, dated March 23, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M15523

E/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-09012 In the Matter of Eleanor H. Swidow, deceased. Susanne M. Henry, appellant; Joseph Kachkowski, respondent, Fleet Bank, respondent-respondent. (File No. 315458)

DECISION & ORDER ON MOTION

Motion by the respondent-respondent to strike stated portions of the reply brief on an appeal from an order of the Surrogate's Court, Nassau County, dated August 19, 2003, on the ground that they refer to matter dehors the record and for awards of an attorney's fee and costs.

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 strike stated portions of the reply brief is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; 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

M15508

M/nal

2004-03525 In the Matter of Yvette W. (Anonymous), respondent, v Simmons G. (Anonymous), appellant. (Docket No. P-1992-01)

SCHEDULING ORDER

Appeal by Simmons G. from an order of the Family Court, Kings County, dated March 31, 2004. By decision and order of this court dated August 20, 2004, the appellant's motion to reargue a prior motion for leave to prosecute the above-entitled appeal was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15579

Y/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2003-06075 In the Matter of Penny Whitman, appellant, v Kenneth B. Whitman, respondent. (Docket No. V-4152/98)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to reargue an appeal from an order of the Family Court, Suffolk County, dated June 30, 2003, which was determined by decision and order of this court dated June 28, 2004.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15517

E/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

1999-02050 The People, etc., respondent, v Michael Hale, appellant. (Ind. No. 8776/96)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 10, 1999, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

99-A-1389

Great Meadow Correctional Facility

Box 51

Comstock, NY 12821

Appellate Division: Second Judicial Department

M15522

E/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

1999-02050 The People, etc., respondent, v Michael Hale, appellant. (Ind. No. 8776/96)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time leave to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 10, 1999.

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 1, 2004, and the respondent's 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

M15612

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2002-05727 The People, etc., respondent, v Ryan Wagner, appellant. (Ind. No. 2452/00)

DECISION & ORDER ON MOTION

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

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

ORDERED that the motion is granted to the extent that the respondent's time to serve and file a brief is enlarged until November 15, 2004, and the respondent's brief must be served and filed on or before that date and the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15585

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-08417 The People, etc., respondent, v Wai Chan, appellant. (Ind. No. 1873/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion of this court, dated April 23, 2004, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 18, 2003, is recalled and vacated; and it is further,

ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.

The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court