Appellate Division: Second Judicial Department

M15846

S/nl

2003-11394 Alva Armstrong, etc., et al., appellants-respondents, et al., plaintiffs, v Winston G. Scott, et al., defendants, West Indian-American Day Carnival Association, Inc., et al., respondents-appellants, City of New York, respondent. (and third-party actions). (Index No. 75198/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant West Indian-American Day Carnival Association, Inc., to withdraw its cross appeal from an order of the Supreme Court, Kings County, dated November 12, 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that the application is granted and the cross appeal by West Indian-American Day Carnival Association, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15870

S/nal

2004-06474 Louis Baguidy, respondent, v William S. Ritter, defendant, American Broadcasting Company, appellant. (Index No. 19486/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 30, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 15, 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

M15842

R/nal

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-09477 Bennet A. Cohen, appellant, v Wallace & Minchenberg, et al., respondents. (Index No. 29307/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated September 4, 2003, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

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

ORDERED that the motion is denied with leave to renew upon the submission of a proper record; and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until October 27, 2004, and the record or appendix on 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15840

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO.

NANCY E. SMITH, JJ.

2003-07379 Antoneen Darden-McCall, et al., respondents, v Daniel Barrios, appellant. (Index No. 42817/01

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 10, 2003.

Upon the stipulation of the attorneys for the respective parties, dated August 24, 2004, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15831

CF/

2004-03614 Marc DiLorenzo, respondent, v Estate Motors, Inc., appellant. (Index No. 13580/02)

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 April 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

M15839

L/

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-00901 Kevin Egan, et al., respondents, v City & Suburban Delivery, et al., appellants. (Index No. 8228/01)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15867

C/nal

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-07646 Ellen Finkler, respondent, v Ronald Finkler, appellant. (Index No. 201824/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated September 1, 2004, and to stay the 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 thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary (see CPLR 5701[a][2]); and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15843

Y/cf

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

STEVEN W. FISHER, JJ.

2004-04687 Gennady Gorelik, appellant, v Elena Gorelik, respondent. (Index No. 42856/02)

DECISION & ORDER ON MOTION

Appeal by Gennady Gorelik from an order of the Supreme Court, Kings County, dated March 22, 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 June 8, 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 appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 8, 2004 (see 22 NYCRR 670.4[5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15826

S/cf

2004-02113 Charles Green, appellant, v Liberty Mutual Insurance Company Trust, respondent. (Index No. 27088/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated February 10, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 9, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15830

CF/

2004-03520 Amy Herz Juviler, respondent, v Barrow Street Restaurant Corp., et al., appellants. (Index No. 18905/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 17, 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

M15768

S/cf

2003-00466 Joseph Lichtenstein, appellant, v Morris E. Barenbaum, et al., respondents. (Index No. 5720/95)

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 and judgment (one paper) of the Supreme Court, Kings County, dated October 31, 2002.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 1, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15825

Y/cf

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-06688 Kathleen McKosky, respondent, v Kevin McKosky, appellant. (Index No. 3343-04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated June 29, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15838

L/

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-08769 Questech Financial, LLC, respondent, v Constantine Gianopoulos, appellant. (Index No. 9440/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Sureme Court, Westchester County, dated September 3, 2003.

Upon the stipulation of the attorneys for the respective parties, dated August 25, 2004, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15841

CF/

2004-04843 Roy Quinn, respondent, v Seth Karpen, et al., defendants; Wallace, Witty, Frampton & Veltry, P.C., nonparty-appellant. (Index No. 28310/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 28, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15829

CF/

2004-03304 Angel Ruiz, respondent, v Stanislav Ganzha, et al., appellants. (Index No. 45943/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 25, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15828

CF/

2004-05351 Francesco Santoiemma, plaintiff-respondent, v Jefferson Valley Mall Limited Partnership, defendant-respondent, Control Construction Company, Inc., appellant (and a third-party action). (Index No. 6350/02)

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 April 30, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15866

Y/nal

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-05566 Richard Stone, appellant, v Greenspan & Greenspan, respondent. (Index No. 2369/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Westchester County, entered June 8, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

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

ORDERED that the motion is granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15848

C/nal

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-05651 Peter P. Warner, et al., appellants, v Bernice Carter, respondent. (Index No. 02-008561)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled matter, including the enforcement of a certification order dated June 3, 2004, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated March 31, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15872

E/nal

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2004-02675 Kathleen Wittges, et al., plaintiffs-respondents, v Flik International Corporation, appellant-respondent, One Source, Inc., respondent-appellant, 6 East 43rd Street Co., defendant-respondent. (Index No. 21153/01)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal from an order of the Supreme Court, Queens County, dated March 4, 2004, to stay the trial in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15859

CF/

2003-09692 In the Matter of Kathryn B. (Anonymous). Rockland County Department of Social Services, respondent; Stacey Haskel, etc., appellant. (Docket No. B-1164-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Rockland County, dated October 16, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15874

S/nal

2004-00969 In the Matter of Bayswater Gracewood, LLC, appellant, v Planning Board of Incorporated Village of North Hills, et al., respondents. (Index No. 11485/02)

ORDER ON APPLICATION

ORDERED that the order on application of this court dated August 18, 2004, in the above entitled action is amended by deleting the caption thereof and substituting therefor the following caption:

In the matter of Bayswater Gracewood, LLC,

appellant, v Planning Board of Incorporated

Village of North Hills, et al., respondents.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15727

C/nal

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-03333, 2004-03334 In the Matter of Christyn Ann D. (Anonymous). Suffolk County Department of Social Services, respondent; Howard D. (Anonymous), et al., appellants. In the Matter of Stefanie Lynn D. (Anonymous). Suffolk County Department of Social Services, respondent; Charlotte D. (Anonymous), et al., appellants. (Docket Nos. B-17042-02, B-17045-02)

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

Motion by counsel assigned to represent Howard D. in a proceeding before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Suffolk County, dated January 23, 2004, March 29, 2004, and to grant the appellant leave to prosecute the appeals as a poor person.

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 branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,

ORDERED that counsel shall serve a copy of this decision and order on motion upon the appellant on or before October 4, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeals and leave to prosecute the appeals as a poor person are denied with leave to the appellant to renew, on or before November 3, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeals.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15873

S/nal

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2004-03018 In the Matter of Mona Khanna, respondent, v Rajat Suresh Bhatt, appellant. (Docket No. O-19922-03)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to perfect an appeal from an order of the Family Court, Queens County, dated March 15, 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 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 his brief on the appeal is enlarged until October 18, 2004; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15144

C/cf

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-01919 In the Matter of Mary P. (Anonymous). Rockland County Department of Social Services, respondent; Latoya P. (Anonymous), appellant. (Docket Nos. B-3030-03, 3031-03, B-3021-03, B-3027-03)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Rockland County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Rockland County, dated January 15, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.

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 branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order on motion upon the appellant at her last known address, on or before October 4, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before November 3, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15833

R/nal

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-04280 In the Matter of Elaine Powell, respondent, v Kenneth Lewis, appellant. ((Docket No. F 365/00)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Kings County, dated April 15, 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 respondent's time to serve and file a brief is enlarged until November 8, 2004, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15834

Y/cf

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-01620 In the Matter of Shaheim S. (Anonymous), appellant. (Docket No. D-3278-02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated February 4, 2004, (1) to compel Mildred Martinez, a court reporter, to provide the stenographic transcripts of the proceedings which occurred on February 3, 2004, in the above-entitled matter, and (2) to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to compel the court reporter, Mildred Martinez, to provide the stenographic transcripts of the proceedings which occurred on February 3, 2004, in the above-entitled matter is granted; and it is further,

ORDERED that on or before September 28, 2004, the attorney for the appellant is directed to personally serve the court reporter, Mildred Martinez, with a copy of this decision and order; and it is further,

ORDERED that on or before October 29, 2004, the court reporter, Mildred Martinez, shall serve upon the attorney for the appellant copies of the transcripts of the proceedings, which occurred on February 3, 2004, in the above-entitled matter; and it is further,

ORDERED that in the event that court reporter, Mildred Martinez, does not serve the above-noted transcripts on the attorney for the appellant within the time provided by this decision and order, the appellant may serve and file a motion to hold Mildred Martinez in contempt of court, which motion shall be made in accordance with the procedures set forth in the Judiciary Law; and it is further,

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 pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated June 10, 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 December 14, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15827

S/cf

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-04112, 2004-04113 The People, etc., respondent, v James Fricchione, appellant. (Ind. Nos. 03-00403, 03-00740)

DECISION & ORDER ON APPLICATION

Appeal by James Fricchione from two judgments of the County Court, Orange County, both rendered April 22, 2004. By decision and order on motion of this court dated June 1, 2004, the appellant's motion to stay execution of the judgments was granted on condition, inter alia, that appellant not leave the State of New York without prior notice to the District Attorney of Orange County and without obtaining in advance the permission of this court. Application by the appellant for permission to leave the State of New York on September 26, 27, and 28, for the purpose of complying with certain directives issued by the State Police of the State of Pennsylvania.

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

ORDERED that the appellant is given permission to leave the State of New York on September 26, 27, and 28, solely for the purpose of complying with the directives issued by the State Police of the State of Pennsylvania.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15835

R/nal

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

STEVEN W. FISHER, JJ.

2003-03777, 2003-05829 The People, etc., respondent, v Gilbert Loo, appellant. (Ind. Nos. 1963N/00, 906N/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, Nassau County, rendered March 27, 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 respondent's time to serve and file a brief is enlarged until September 28, 2004, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15832

Y/cf

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

PETER B. SKELOS, JJ.

2004-04276 The People, etc., respondent, v Maureen Myles, appellant. (Ind. No. 1862-03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment the County Court, Suffolk County, rendered May 3, 2004, pursuant to CPL 460.50(4) to continue a stay of execution of the judgment which was granted by the County Court, Suffolk County, and to modify the stay by deleting the provision requiring the posting of bail and releasing the appellant on her own recognizance, 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 motion is denied.

SANTUCCI, J.P., LUCIANO, SCHMIDT and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15871

S/nal

2002-02410 The People, etc., respondent, v Koba Peradze, appellant. (Index No. 50/01)

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 a judgment of the County Court, Dutchess County, rendered March 15, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 24, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court