09-15-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR SEPTEMBER 15, 2005

TITLE	Case Number
Alayne Real Estate v Lasher	2005-07042
Berlin v Wojnarowski	2005-05230
Blue Moon of Freeport, Inc. v Fishbein	2005-00259
Burke v Board of Managers of Greenridge Estates Co	2005-05385
C.V. Longo Mechanical Service, Inc. v Reis	2005-01690
Chervin v Macura	2005-07319
Greenbaum v Hershman	2004-07539
Lalanne v Klein	2005-06599
Lavaud, a/a/o Nixon v Country Wide Insurance Compa	2005-01253
Lazares v Park Plaza Property, LLC	2005-04393
Mack v Brennan	2005-04701
McCarthy v Miller	2005-01354
Melesio v Lawrence Oaks Limited Partnership	2005-06550
New York Hospital Medical Center of Queens, a/a/o	2004-01861
Ortiz v Ortiz	2005-02079
Parkin v Ederer	2004-10753 +1
Parr v Ronkonkoma Realty Venture I, LP	2005-03972
Psomostithis v Transoceanic Cable Ship Co.	2005-01234
Reyes v Delerimar Realty Corp.	2004-11022
Rockland Transit Mix, Inc. v Rockland Enterprises,	2004-09836
Sica v Manns	2005-00470
Smith v Ameriquest Mortgage Company	2005-02501
Streletskaya v New York City Transit Authority	2005-02322
Techcon Contracting, Inc. v Village of Lynbrook	2004-09982
281 Sutter Avenue Realty Corp. v 141-36 Rockaway B	2005-07742
Trunk v Spross	2005-00776
Turner v Cool Wind Ventilation Corp.	2004-10366 +1
Vincente v Roy Kay, Inc.	2004-09369 +2
Mtr of Blumen v McGann	2005-01962
Mtr of Cavallo v Cavallo	2005-07237 +1
Mtr of Phillips v Pagano	2005-07550
Mtr of Rivera v Goord	2005-01487
Mtr of Urban v LaConti	2004-09004
Mtr of Weisfelner v Schwartz	2005-04500
Mtr of Williams v Goord	2004-00222
Peo v Bordenave, Rafael	2005-03416
Peo v Brown, Troy	2003-06462
Peo v Crosby, Perry	2005-03494
Peo v Edell, Daniel	2005-05677
Peo v Elting, William III	2005-03000
Peo v Fadul, Carlos	2005-06746
Peo v Giambalvo, Vincenzo	2005-03417
Peo v Hernandez, Rene	2005-04021
Peo v King, Stacy a/k/a Coles, Edmond	2005-02918
Peo v Lebron, Angel D.	2005-06740
Peo v Malka, Yaish	2005-05500
Peo v Parker, Anthony, a/k/a Walker, Alvin	2005-04438
Peo v Purvey, Madison	2005-05626
Peo v Rodriguez, Elvis	2005-03623
Peo v Salierno, Ralph	2004-04291
Peo v Stephen, Sean	2005-03500
Peo v Subgidio, Kelvin	2005-05538
Peo v Taranto, Thomas	2005-05378
Peo v Vazquez, Felix	2005-02471

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Appellate Division: Second Judicial Department

M30017

Y/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-07042
Alayne Real Estate, et al., respondents,
v Alan D. Lasher, et al., appellants.
(Index No. 11134/00)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated June 13, 2005, on the ground that no appeal lies from an order denying a motion for leave to reargue.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see Munz v La Guardia Hosp., 109 AD2d 731).

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29941

E/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-05230
Milton Berlin, respondent,
v Patricia Wojnarowski, appellant,
et al., defendants.
(Index No. 29153/01)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated April 15, 2005, to strike certain parts of the appendix on the ground that the material is dehors the record and, in effect, to dismiss the appeal on the ground that the issues raised on that appeal are precluded by the doctrine of Bray v Cox (38 NY2d 350).

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

ORDERED that the motion is held in abeyance and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.

S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29934

CF/

2005-00259
Blue Moon of Freeport, Inc., respondent,
v Arthur Fishbein, et al., appellants, et al.,
defendants.
(Index No. 3342/04)

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 November 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

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Appellate Division: Second Judicial Department

M29950

CF/

2005-05385
Stephen Burke, et al., appellants, v
Board of Managers of Greenridge
Estates Condominium, et al., respondents.
(Index No. 10956/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 29, 2005.

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

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Appellate Division: Second Judicial Department

M29986

J/sl

2005-01690

C.V. Longo Mechanical Service, Inc., appellant,
v Donna Reis, et al., respondents.
(Index No. 14404/04)

ORDER ON APPLICATION

Application by the respondent Spectrum Construction Corporation, d/b/a Spectrum Skanska USA 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, dated January 19, 2005.

ORDERED that the application is granted and the time of the respondent Spectrum Construction Corporation, d/b/a Spectrum Skanska USA to serve and file a brief is enlarged until October 19, 2005, and that respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29987

S/sl

2005-07319

Sharon Chervin, etc., respondent,
v Jerzy Macura, etc., et al., appellants.
(Index No. 36659/04)

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 July 14, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 31, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30011

Y/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-07539
Rachel Greenbaum, appellant,
v Dwight L. Hershman, etc., respondent.
(Index No. 5570/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an amended judgment of the Supreme Court, Kings County, entered August 11, 2004.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until October 7, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29938

CF/

2005-06599
Yves Martine Lalanne, et al., respondents,
v Nicholas Klein, etc., et al., appellants.
(Index No. 6861/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Rockland County, dated May 16, 2005.

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

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Appellate Division: Second Judicial Department

M30013

J/sl

2005-01253

Keitly Lavaud, a/a/o Don N. Nixon, a/k/a
Donnon N. Nixon, appellant, v Country Wide
Insurance Company, respondent.
(Index No. 25595/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated October 18, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 12, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29935

CF/

2005-04393
Peter Lazares, et al., plaintiffs-respondents,
v Park Plaza Property, LLC, et al.,
defendants-respondents, Waldbaums
Supermarket, appellant.
(Index No. 6747/03)

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 18, 2005.

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

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Appellate Division: Second Judicial Department

M29952

CF/

2005-04701
Felix Mack, respondent, v John Brennan,
etc., appellant.
(Index No. 5978/01)

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 11, 2005.

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

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Appellate Division: Second Judicial Department

M30033

HOWARD MILLER, J.P.

STEPHEN G. CRANE

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2005-01354

Jon L. McCarthy, respondent, v
Otis H. Miller, appellant.
(Index No. 16278/03)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 10, 2005.

Upon the stipulation of the attorneys for the respective parties, dated August 25, 2005, it is

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

H. MILLER, J.P., CRANE, KRAUSMAN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29931

CF/

2005-06550
Francisco Melesio, et al., respondents,
v Lawrence Oaks Limited Partnership,
et al., appellants.
(and a third-party action).
(Index No. 997/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant Lawrence Oaks Limited Partnership to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 15, 2005.

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

ORDERED that the application is granted and the appeal by Lawrence Oaks Limited Partnership is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30029

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

DAVID S. RITTER

PETER B. SKELOS, JJ.

2004-01861
New York Hospital Medical Center of Queens,
a/a/o David McNeal, et al., appellants, v
Clarendon National Insurance Company,
respondent.
(Index No. 8254/03)

DECISION & ORDER ON APPLICATION

Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 10, 2004.

Upon the stipulation of the attorneys for the respective parties, dated August 11, 2005, it is

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

H. MILLER, J.P., SCHMIDT, CRANE, RITTER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29997

S/sl

2005-02079
Maribel Araseli Ortiz, etc., et al., appellants,
v Robert Ortiz, et al., defendants,
Kirk M. Jensen, respondent
(and a related action).
(Index No. 3554/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated January 25, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 7, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30016

J/sl

2004-10753, 2005-02878
Scott Parkin, et al., appellants,
v Louis S. Ederer, et al., respondents.
(Index No. 25851/01)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Suffolk County, dated November 9, 2004, and February 1, 2005, respectively.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 21, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29988

S/sl

2005-03972

Ronald Parr, appellant-respondent,
v Ronkonkoma Realty Venture I, LP, et al.,
respondents-appellants.

(Index No. 11041/02)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated April 8, 2005.

ORDERED that the application is granted and the appellant-respondent's reply brief shall be served and filed on or before October 19, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29989

S/sl

2005-01234

Dimitrios Psomostithis, appellant,
v Transoceanic Cable Ship Co., respondent.
(Index No. 34619/02)

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 December 22, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 19, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M30030

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-11022
Jose Reyes, respondent, v Delerimar
Realty Corp., et al., appellants.
(Index No. 17582/01)

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 November 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 deemed withdrawn, without costs or disbursements.

S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29981

S/sl

2004-09836

Rockland Transit Mix, Inc., appellant,
v Rockland Enterprises, Inc., et al., respondents.
(Index No. 8346/02)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 12, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29969

J/sl

2005-00470
Maguy C. Sica, appellant,
v Aristede Manns, Jr., et al., respondents.
(Index No. 50544/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 19, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 5, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29949

CF/

2005-02501
Madline Smith, appellant-respondent,
v Ameriquest Mortgage Company, et al.,
respondents-appellants, Daniel Chan,
et al., respondents.
(Index No. 32879/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the respondents-appellants to withdraw a cross appeal from an order of the Supreme Court, Queens County, dated January 25, 2005.

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 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29982

J/sl

2005-02322

Sheyna Streletskaya, appellant,
v New York City Transit Authority, respondent.
(Index No. 36764/03)

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, Kings County, dated January 14, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 4, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30035

ANITA R. FLORIO, J.P.

DAVID S. RITTER

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-09982
Techcon Contracting, Inc., respondent,
v Village of Lynbrook, appellant, Cameron
Engineering & Associates, LLP, defendant.
(Index No. 1557/03)

DECISION & ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 14, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29946

CF/

2005-07742
281 Sutter Avenue Realty Corp., appellant,
v 141-36 Rockaway Boulevard Realty
Corp., et al., respondents.
(Index No. 24775/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 20, 2005.

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M30032

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00776
Sherri L. Trunk, et al., respondents,
v Michael D. Spross, appellant.
(Index No. 6085/02)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated December 20, 2004.

Upon the stipulation of the attorneys for the respective parties, dated August 23, 2005, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30031

HOWARD MILLER, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2004-10366, 2005-04474

Danielle Turner, appellant, v Cool Wind
Ventilation Corp., et al., respondents.
(Index No. 13205/03)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw appeals from two orders of the Supreme Court, Richmond County, dated October 12, 2004, and March 16, 2005, respectively.

Upon the stipulation of the attorneys for the respective parties, dated July 13, 2005, it is

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

H. MILLER, J.P., SANTUCCI, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29822

J/sl

2004-09369

Thomas Vincente, et al., respondents,
v Roy Kay, Inc., appellant
(and a third-party action).
(Appeal No. 1)
2005-00447
Thomas Vincente, et al., appellants-respondents,
v Roy Kay, Inc., defendant first and second
third-party plaintiff-respondent-appellant;
RJR Mechanical, Inc., third-party defendant-
respondent-appellant; Leewen Contracting Corp.,
second third-party defendant-respondent-appellant.
(Appeal No. 2)
2005-02577
Thomas Vincente, et al., plaintiffs-respondents,
v Roy Kay, Inc., defendant first and second
third-party plaintiff-respondent; RJR Mechanical,
Inc., third-party defendant-appellant; Leewen
Contracting Corp., second third-party defendant-
appellant.
(Appeal No. 3)
(Index No. 13377/00)

ORDER ON APPLICATION

Application by the plaintiffs Thomas Vincente and Rosalie Vincente pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Richmond County, dated January 4, 2002 (Appellate Division Docket No. 2004-09369), and February 1, 2005 (Appellate Division Docket No. 2005-02577), respectively, and an appeal and cross appeals from an order of the same court dated November 23, 2004 (Appellate Division Docket No. 2005-00447).

ORDERED that the application is granted and the plaintiffs' time to perfect the appeal from the order dated November 23, 2004 is enlarged until October 23, 2005, and the joint record or appendix on the appeals and the plaintiffs' brief must be served and filed on or before that date; and it is further,

ORDERED that on or before November 22, 2005, RJR Mechanical, Inc. and Leewen Contracting Corp. shall perfect the appeal from the order dated February 1, 2005, by serving and filing a brief on that appeal, which shall also include their arguments on the cross appeal from the order dated November 23, 2004; and it is further,

ORDERED that on or before December 22, 2005, Roy Kay, Inc., shall perfect the appeal from the order dated January 4, 2002, by serving and filing a brief on that appeal, which shall also include its arguments on the cross appeal from the order dated November 23, 2004, and in response on the appeal from the order dated February 1, 2005; and it is further,

ORDERED that on or before January 23, 2006, the plaintiffs shall serve and file their reply brief on all appeals; and it is further,

ORDERED that on or before February 2, 2006, RJR Mechanical, Inc., Leewen Contracting Corp., and Roy Kay, Inc., shall serve and file their respective reply briefs on all appeals.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29995

Y/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

DANIEL F. LUCIANO, JJ.

2005-01962
In the Matter of Alan Blumen, et al., petitioners,
v Robert C. McGann, etc., et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioners for leave to reargue a proceeding pursuant to CPLR article 78, which was determined by decision and order of this court dated May 31, 2005.

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

ORDERED that the motion is denied, without costs or disbursements.

COZIER, J.P., RITTER, SANTUCCI and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29940

CF/

2005-07237, 2005-07239
In the Matter of Symonee BB Cavallo,
respondent, v Antonio Cavallo, appellant.
(Docket No. O-6690-04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw appeals from an order of the Family Court, Dutchess County, dated June 3, 2005.

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29948

CF/

2005-07550
In the Matter of Richard L. Phillips, appellant,
v Robin S. Pagano, respondent.
(Docket No. F-8916-04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated July 14, 2005.

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M30025

S/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-01487

In the Matter of Jose Rivera, appellant,
v Glenn S. Goord, etc., et al., respondents.
(Index No. 5167/04)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Dutchess County, dated January 20, 2005.

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; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until September 30, 2005, and the respondents' brief must be served and filed on or before that date.

S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29929

C/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-09004
In the Matter of Daniel P. Urban, etc., appellant,
v Nicholas LaConti, Jr., respondent.
(Index No. 16041/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated July 20, 2004.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until October 25, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29942

CF/

2005-04500
In the Matter of Ellyn Weisfelner, appellant,
v Lawrence Schwartz, respondent.
(Docket No. F-695-97)

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 April 12, 2005.

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29871

C/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2004-00222
In the Matter of Jomo Williams, petitioner,
v Glen S. Goord, etc., et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner, inter alia, to recall and vacate a decision and order on motion of this court dated June 15, 2004, which dismissed a proceeding pursuant to CPLR article 78 in the nature of prohibition for failure to comply with a decision and order on motion of this court dated February 9, 2004, which directed that the petitioner pay the filing fee within 120 days, or the proceeding would be dismissed, to reinstate the proceeding, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29657

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-03416

The People, etc., respondent,
v Rafael Bordenave, appellant.

(Ind. No. 80-00309)

DECISION & ORDER ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Westchester County, dated March 10, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated March 10, 2005; and it is further,

ORDERED that the branch of the application which is, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel is granted, and the following attorney is assigned as counsel to represent the defendant on the appeal:

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, New York 10128

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated March 10, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before November 14, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon the defendant by ordinary mail pursuant to CPL 470.60(2), at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and by regular mail upon the attorney herein assigned to represent the defendant and upon the District Attorney.

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M30026

S/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2003-06462

The People, etc., respondent,
v Troy Brown, appellant.

(Ind. No. 713/01)

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 Supreme Court, Queens County, rendered June 16, 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 October 18, 2005, and the respondent's brief must be served and filed on or before that date.

S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29755

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-03494

The People, etc., respondent,
v Perry Crosby, appellant.

(Ind. No. 10396/02)

DECISION & ORDER ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated February 25, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated February 25, 2005; and it is further,

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated February 25, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before November 14, 2005; and it is further,

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29702

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-05677

The People, etc., respondent,
v Daniel Edell, appellant.

(Ind. No. 2612/00)

DECISION & ORDER ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated May 3, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated May 3, 2005; and it is further,

Steven A. Feldman, Esq.

626 EAB Plaza

West Tower - 6th Floor

Uniondale, New York 11556

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated May 3, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before November 14, 2005; and it is further,

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29656

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-03000

The People, etc., respondent,
v William Elting III, appellant.

(Ind. No. 23/01)

DECISION & ORDER ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Dutchess County, dated March 15, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated March 15, 2005; and it is further,

Gary E. Eisenberg, Esq.

129 Brooks Avenue

Monroe, New York 10950

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated March 15, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before November 14, 2005; and it is further,

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29749

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-06746

The People, etc., respondent,
v Carlos Fadul, appellant.

(Ind. No. 10718/03)

DECISION & ORDER ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated April 22, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated April 22, 2005; and it is further,

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated April 22, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before November 14, 2005; and it is further,

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29665

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-03417

The People, etc., respondent,
v Vincenzo Giambalvo, appellant.

(Ind. No. 1395-03)

DECISION & ORDER ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated March 7, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated March 7, 2005; and it is further,

Steven A. Feldman, Esq.

626 EAB Plaza

West Tower - 6th Floor

Uniondale, New York 11556

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated March 7, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before November 14, 2005; and it is further,

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29753

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-04021

The People, etc., respondent,
v Rene Hernandez, appellant.

(Ind. No. 10634/97)

DECISION & ORDER ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from so much of an order of the Supreme Court, Queens County, dated March 30, 2005, which determined that branch of his motion which was pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the portion of the order which determined that branch of the defendant's motion which was to reduce his sentence is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the portion order dated March 30, 2005, which determined that the branch of the defendant's motion which was to reduce his sentence; and it is further,

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming that portion of the order dated March 30, 2005, as determined that branch of the motion which was to reduce the defendant's sentence on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before November 14, 2005; and it is further,

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29706

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-02918

The People, etc., respondent,
v Stacy King, a/k/a Edmond Coles, appellant.

(Ind. No. 02-00213)

DECISION & ORDER ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Rockland County, dated February 17, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated February 17, 2005; and it is further,

Del Atwell, Esq.

P.O. Box 2516

Montauk, New York 11954

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated February 17, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before November 14, 2005; and it is further,

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29305

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-06740

The People, etc., respondent,
v Angel D. Lebron, appellant.

(Ind. No. 82/00)

DECISION & ORDER ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Dutchess County, dated June 1, 2005, which, upon, in effect, granting reargument, adhered to its prior determination in an order dated February 23, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated June 1, 2005; and it is further,

Gary E. Eisenberg, Esq.

129 Brooks Avenue

Monroe, New York 10950

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated June 1, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before November 14, 2005; and it is further,

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29758

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-05500

The People, etc., respondent,
v Yaish Malka, appellant.

(Ind. No. 10357/00)

DECISION & ORDER ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated May 10, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated May 10, 2005; and it is further,

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated May 10, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before November 14, 2005; and it is further,

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29752

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-04438

The People, etc., respondent,
v Anthony Parker, a/k/a Alvin Walker, appellant.

(Ind. No. 3904/03)

DECISION & ORDER ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated April 14, 2005,which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated April 14, 2005; and it is further,

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated April 14, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before November 14, 2005; and it is further,

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29704

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-05626

The People, etc., respondent,
v Madison Purvey, appellant.

(Ind. No. 99-00763)

DECISION & ORDER ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Orange County, dated April 21, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated April 21, 2005; and it is further,

Del Atwell, Esq.

P.O. Box 2516

Montauk, New York 11954

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated April 21, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before November 14, 2005; and it is further,

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29652

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-03623

The People, etc., respondent,
v Elvis Rodriguez, appellant.

(Ind. Nos. 127/99, 79/01)

DECISION & ORDER ON MOTION

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated March 15, 2005; and it is further,

Gary E. Eisenberg, Esq.

129 Brooks Avenue

Monroe, New York 10950

and it is further,

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M30027

S/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-04291
The People, etc., respondent,
v Ralph Salierno, appellant.
(Ind. No. 636-03)

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 April 26, 2004.

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

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

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

S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29750

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-03500

The People, etc., respondent,
v Sean Stephen, appellant.

(Ind. No. 4588/02)

DECISION & ORDER ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 16, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated February 16, 2005; and it is further,

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated February 16, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before November 14, 2005; and it is further,

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29708

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-05538

The People, etc., respondent,
v Kelvin Subgidio, appellant.

(Ind. No. 99-00095)

DECISION & ORDER ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Rockland County, dated April 12, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated April 12, 2005; and it is further,

Del Atwell, Esq.

P.O. Box 2516

Montauk, New York 11954

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated April 12, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before November 14, 2005; and it is further,

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29700

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-05378

The People, etc., respondent,
v Thomas Taranto, appellant.

(Ind. No. 2908/01)

DECISION & ORDER ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated April 18, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated April 18, 2005; and it is further,

Steven A. Feldman, Esq.

626 EAB Plaza

West Tower - 6th Floor

Uniondale, New York 11556

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated April 18, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before November 14, 2005; and it is further,

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29756

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-02471

The People, etc., respondent,
v Felix Vazquez, appellant.

(Ind. No. 11133/00)

DECISION & ORDER ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated February 23, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated February 23, 2005; and it is further,

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated February 23, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before November 14, 2005; and it is further,

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court