Appellate Division: Second Judicial Department

M16167

CF/

2004-01163 Conrado Benitez, appellant, v Mutual of America Life Insurance Company, et al., respondents (and a third-party action). (Index No. 26013/94)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 28, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M16148

S/sl

2004-02429 Conrado Benitez, appellant, v Mutual of America Life Insurance Company, defendant third-party plaintiff-respondent; General Industrial Service Corporation, et al., third-party defendants- respondents. (Index No. 26013/94)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered February 25, 2004.

ORDERED that the application is granted and the record and brief which were submitted to the Clerk of this court on September 20, 2004, are accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16140

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-02285 Charlotte Valley Vector Management Corporation, et al., appellants, v Vincent G. Sbano, et al., respondents. (Index No. 7369/01)

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, Westchester County, dated January 22, 2002.

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

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16101

R/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-04046 Chun Chun Lam, et al., respondents, v Timothy A. Spann, et al., appellants. (Index No. 50745/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 15, 2004.

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

ORDERED that the motion is denied.

RITTER, J.P., S. MILLER, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16139

CF/

2004-03172 Patricia M. Connolly, appellant, v Abderrahim Kharbouch, et al., respondents. (Index No. 29146/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated March 4, 2004.

Upon the stipulation of the parties, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16118

CF/

2004-04762 Orlando Cotes, appellant, v Big V Supermarkets, Inc., d/b/a Shoprite, et al., respondents. (Index No. 6906/99)

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 29, 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

M16132

PL/sl

2003-05879 Duratech Industries, Inc., respondent-appellant, v Continental Insurance Company, et al., appellants-respondents, et al., defendants. (Appeal No. 1) 2003-06792 Duratech Industries, Inc., respondent, v Continental Insurance Company, et al., appellants, et al., defendants. (Appeal No. 2) (Index No. 26189/98)

ORDER ON APPLICATION

Application by Duratech Industries, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals and a cross appeal from an order of the Supreme Court, Suffolk County, dated May 12, 2003, and appeals from an order of the same court dated June 11, 2003.

ORDERED that the application is granted and the movant's reply brief shall be served and filed on or before September 27, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16129

E/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

PETER B. SKELOS, JJ.

2003-10454 Albert Goetz-Haddad, appellant, v Pathmark Supermarkets, et al., respondents. (Index No. 9433/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated October 27, 2003, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and cross motion by the respondents to dismiss the appeal for failure to timely perfect the appeal.

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

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

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

ORDERED that on the court's own motion, the respondents' time to serve and file a brief is enlarged until October 25, 2004, and the respondents' brief should be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16166

O/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-06530 Erno Goldberger, etc., et al., appellants, v Benjamin Eisner, et al., respondents. (Index No. 17302/02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action, including enforcement of an order of the Supreme Court, Kings County, dated June 24, 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 granted and all proceedings in the above-entitled action, including enforcement of the order dated June 24, 2004, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 22, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 22, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

RITTER, J.P., S. MILLER, MASTRO and FISHER, JJ., concur

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16122

CF/

2004-04501 Serena Gordon, et al., appellants, v Big V Supermarkets, Inc., respondent. (Index No. 6129/99)

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 9, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16137

CF/

2004-02411 Christopher Guzzetta, respondent, v Signature Flight Support Corporation, et al., defendants third-party plaintiffs-appellants-respondents, Erie Insurance Company of New York, third-party defendant-respondent-appellant, et al., third-party defendant. (Index No. 13740/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants-respondents to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 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

M16135

S/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2004-07090 Sandra R. Harrington, appellant, v David W. Harrington, respondent. (Index No. 2372/03

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Dutchess County, dated July 8, 2004.

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

ORDERED that the appellant's notice of appeal is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16099

A/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-05768, 2004-07966 Joseph Imperia, et al., plaintiffs-respondents, v Golf Club of Purchase, Inc., f/k/a Country Club of Purchase, Inc., et al., defendants- respondents, et al., defendant, Hickory Pine Associates Limited Partnership, defendant third-party plaintiff-respondent- appellant; Sasaki Associates, Inc., et al., third-party defendants-appellants-respondents. (Index No. 19830/99)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-appellant-respondent Sasaki Associates, Inc., to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of appeals and a cross appeal from an order of the Supreme Court, Westchester County, entered June 7, 2004, and an appeal from an order of the same court entered September 14, 2004.

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

ORDERED that the motion is denied.

RITTER, J.P., S. MILLER, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16128

Y/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-01494, 2004-07280 Sonia Jean-Louis, respondent, v Belynda Baudin, et al., appellants. (Index No. 23672/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial of the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated December 3, 2003, and July 7, 2004, respectively.

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

ORDERED that the motion is denied.

RITTER, J.P., S. MILLER, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16064

S/sl

2004-03360 Leticia Joaquin, et al., respondents, v Pabio Munoz, appellant. (Index No. 10544/03)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated March 19, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 15, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16134

S/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2004-07867 Claudio L. Lodes, appellant, v Margaret Mendez-Lodes, respondent. (Index No. 201184/03)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Nassau County, dated August 3, 2004.

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

ORDERED that the appellant's notice of appeal is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16138

CF/

2004-04411 Patrick Luttrell, et al., respondents, v Joan Conway, appellant. (Index No. 22149/00)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Suffolk County, dated April 15, 2004.

Upon the stipulation of the parties, dated September 10, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16096

E/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-07645 Joseph Madigan, etc., et al., plaintiffs, v Brett Crompton, defendant. (Index No. 11770/04)

DECISION & ORDER ON MOTION

Motion by the plaintiffs for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated September 1, 2004, and to stay enforcement of the order pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied, and the appeal purportedly taken as of right is dismissed, without costs or disbursements, as no appeal lies as of right from an order which does not decide a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion is otherwise denied as academic.

RITTER, J.P., S. MILLER, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16142

L/

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2004-02912 John Martin, plaintiff-respondent, v Stevemos Properties, Inc., et al., appellants, City of New York, defendant-respondent. (Index No. 6413/98)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 27, 2004.

Upon the stipulation of the attorneys for the respective parties, dated September 17, 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

M16112

PL/sl

2004-05073 Carol McElrath, etc., et al., respondents, v Lakeland Central School District, appellant. (Index No. 21207/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated June 1, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 18, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16126

CF/

2004-05261 Celeste Mendez, respondent, v Po Hsiung Chang, appellant. (Index No. 13151/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 20, 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

M15161

C/sl

FRED T. SANTUCCI, J.P.

ROBERT W. SCHMIDT

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-04540 Metropolitan Property and Casualty Insurance Company, respondent, v Jean Emmanuel Sigue, appellant, et al., defendant. (Index No. 14140/99)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for leave to amend a notice of appeal from an order of the Supreme Court, Kings County, dated March 28, 2003, to reflect that the appeal is also from a prior order of the same court dated September 20, 2002. Cross motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order denying reargument.

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

ORDERED that the motion is denied (see Griffin-White Shoe v Alexanderson, 228 App Div 794); and it is further,

ORDERED that the cross motion is denied as academic in light of the determination of the appeal (see Metropolitan Property and Casualty Insurance Company v Sigue, ________AD3d_______ [2d Dept, Sept. 20, 2004]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16116

CF/

2004-04692 Hasan Mollaahmetoglu, respondent, v George Selwyn, et al., appellants. (Index No. 23155/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated March 4, 2004.

Upon the stipulation of the parties, dated September 15, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16125

PL/sl

2004-01534 Tania Montero, et al., respondents, v New York City Health and Hospitals Corporation, et al., appellants, et al., defendants. (Index No. 18427/03)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated November 12, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 15, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16141

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-09102 Norma B. Naddeo, respondent, v City of New York, defendant, Alex Figliolia Contracting, Inc., appellant. (Index No. 757/01)

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, Kings County, dated September 17, 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 deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16114

CF/

2004-05694 Nora Longobardo Trust, appellant, v Philip T. Carroll, etc., et al., respondents (and a third-party action). (Index No. 1945/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an amended order of the Supreme Court, Dutchess County, dated June 9, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16093

S/sl

2004-02467 Frank Piche, et al., appellants, v Greenpoint Savings Bank, et al., defendants third-party plaintiffs-respondents; Valley Storage, Inc., third-party defendant-respondent. (Index No. 31780/99)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated February 24, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 10, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16123

O/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-01421 Cheryl Pickering, etc., appellant, v State of New York, respondent. (Claim No. 1) (Claim No. 104771) Mary Pickering, etc., appellant, v State of New York, respondent. (Claim No. 2) (Claim No. 106021)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Court of Claims, dated December 17, 2003, to enlarge the record on appeal to include the claimants' bill of particulars and to direct the appellant to file a supplemental record containing the bill of particulars, and cross motion by the appellant for leave to appeal to this court from the order dated December 17, 2003.

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

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

ORDERED that on the court's own motion, the appeal taken as of right is dismissed, without costs or disbursements, as no appeal lies as of right from the order dated December 17, 2003, and we decline to grant leave to appeal (see CPLR 5701[a][2]); and it is further,

ORDERED that the motion is denied as academic.

RITTER, J.P., S. MILLER, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16150

CF/

2003-10796 Randy Plotkin, et al., plaintiffs-respondents, v Robert V. Moriarty, etc., et al., defendants- respondents, Barry G. Fischer, etc., appellant. (Index No. 13928/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens 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

M16161

CF/

2004-04215 Estela Salazar, appellant, v Buffets, Inc., d/b/a Old Country Buffet, et al., respondents. (Index No. 2155/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated March 30, 2004.

Upon the stipulation of the parties, dated September 20, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16108

C/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-06206 Philip Sammut, et al., respondents, v Howard Davis, et al., appellants. (Index No. 6206/04)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 21, 2004.

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

ORDERED that the motion is denied.

RITTER, J.P., S. MILLER, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16098

R/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-02668 Barbara Sehgal, appellant, v Federated Department Stores, Inc., d/b/a Macy's, respondent (and a third-party action). (Index No. 26619/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated February 4, 2004, and application by the appellant to enlarge the time to perfect the appeal.

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

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

ORDERED that the application is granted and, the appellant's time to perfect the appeal is enlarged until November 19, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RITTER, J.P., S. MILLER, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16067

S/sl

2004-02757 Town of Riverhead, respondent, v Bruce R. Madonna, et al., defendants; Coalition of Landlords, Homeowners, & Merchants, Inc., nonparty-appellant. (Matter No. 1) (Index No. 25654/02) In the Matter of Bruce Madonna, et al., petitioners, v Town of Riverhead, et al., respondents; Coalition of Landlords, Homeowners, & Merchants, Inc., nonparty-appellant. (Matter No. 2) (Index No. 27722/02)

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, Suffolk County, dated February 6, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 29, 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

M16124

CF/

2004-02597 Travelers Indemnity Company, etc., respondent, v Irwin Friedman & Son, Inc., et al., defendants, Aron Berger, et al., appellants. (Index No. 10293/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 18, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16109

PL/sl

2004-00711 Scott Wade, appellant, v First Union National Bank, respondent. (Index No. 17264/01)

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, Westchester County, dated December 15, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 20, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16130

PL/sl

2004-01784 Danielle Wilson, etc., et al., respondents, v New York City Housing Authority, appellant. (Index No. 15035/03)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated January 26, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16151

M/nal

2004-02662 In the Matter of Takylia B. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Kimberly B. (Anonymous), respondent-respondent; Monica Drinane, etc., et al., non-party-appellant; Doreather B. (Anonymous), intervenor-appellant. (Docket No. B-09162/02)

SCHEDULING ORDER

Appeal by Doreather B. from an order of the Family Court, Kings County, dated March 8, 2004. By decision and order of this court dated September 15, 2004, the following attorney was assigned as counsel on the appeal:

Catherine S. Bridge, Esq.

1358 Clove Road

Staten Island, N.Y. 10301

718-448-9600

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated September 15, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M15785

M/nal

2004-07484, 2004-07486 In the Matter of Jennifer Bowe, respondent, v Louie Robinson, appellant. (Docket Nos. V-2277/01, V-13871/00)

SCHEDULING ORDER

Appeals by Louie Robinson from two orders of the Family Court, Queens County, both dated July 15, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M15723

M/nal

2004-07400 In the Matter of Chandler D. (Anonymous). Nassau County Department of Social Services, appellant; Carole D. (Anonymous), et al., respondents. In the Matter of Charlotte D. (Anonymous). Nassau County Department of Social Services, appellant; Carole D. (Anonymous), et al., respondents. (Docket Nos. N-00390-04, N-00391-04)

SCHEDULING ORDER

Appeal by Nassau County Department of Social Services from an order of the Family Court, Nassau County, dated August 10, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M15509

M/nal

2004-01312 In the Matter of Simon Deith, respondent, v Susan Deith, appellant. (Docket No. O-5170/03)

SCHEDULING ORDER

Appeal by Susan Deith from an order of the Family Court, Nassau County, dated January 7, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16147

M/nal

2004-07228 In the Matter of Maureen A. Dell'Isola, respondent, v Salvatore Dell'Isola, appellant. (Docket No. O-13404/04)

SCHEDULING ORDER

Appeal by Salvatore Dell'Isola from an order of the Family Court, Suffolk County, dated August 3, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M15754

M/nal

2004-07851, 2004-07852 In the Matter of LeVonn G. (Anonymous). Suffolk County Department of Social Services, respondent; Cecelia G. (Anonymous), appellant. (Docket No. N-11117/02)

SCHEDULING ORDER

Appeals by Cecelia G. from orders of the Family Court, Suffolk County, dated July 23, 2004, and August 2, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16149

M/nal

2004-04637, 2004-04639, 2004-04785 In the Matter of Whitney H. (Anonymous). Administration for Children's Services, respondent; Denise H. (Anonymous), appellant. In the Matter of Brittany J. (Anonymous). Administration for Children's Services, respondent; Denise H. (Anonymous), appellant. In the Matter of Royesha B. (Anonymous). Administration for Children's Services, respondent; Denise H. (Anonymous), appellant. (Docket Nos. N-13303-01, N-13304-01, N-13305-01

SCHEDULING ORDER

Appeals by Denise H. from three orders of the Family Court, Queens County, all dated April 21, 2004. By decision and order of this court dated September 15, 2004, the following attorney was assigned as counsel on the appeals:

Steven P. Forbes, Esq.

90-50 Parsons Blvd. - Suite 401

Jamaica, New York 11432

(718) 791-8444

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

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated September 15, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16143

M/nal

2004-05242 In the Matter of Johvanny Herrera, respondent, v Kelly O'Neil, appellant. (Docket No. V-2948-00)

SCHEDULING ORDER

Appeal by Kelly O'Neil from an order of the Family Court, Suffolk County, dated May 27, 2004. By decision and order of this court dated September 15, 2004, the following attorney was assigned as counsel on the appeal:

Bridget Fleming, Esq.

P.O. Box 1904

Sag Harbor, New York 11963

(631) 727-3904

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated September 15, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M15774

M/nal

2004-07854, 2004-07855, 2004-07861 In the Matter of Suzanne D. Jarvis, respondent, v Christopher M. Kittel, appellant. (Docket No. F-08968-04)

SCHEDULING ORDER

Appeals by Christopher M. Kittel from three orders of the Family Court, Suffolk County, all dated August 4, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16111

PL/sl

2004-05702 In the Matter of Joy Builders, Inc., appellant, v Wayne Ballard, etc., respondent. (Index No. 3214/03)

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 of the Supreme Court, Rockland County, dated June 16, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 1, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15696

M/nal

2004-07393, 2004-07394, 2004-07395 In the Matter of Christopher Kellermueller, respondent, v Cynthia St. John, appellant. In the Matter of Kiki St. John, respondent, v Cynthia St. John, appellant. (Docket Nos. O-1714-04, V-981-98)

SCHEDULING ORDER

Appeals by Cynthia St. John from an order Family Court, Rockland County, dated August 3, 2004, and two orders of the same court both dated August 4, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16127

E/sl

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-06132 In the Matter of Rosemarie Kluepfel, appellant, v Thomas R. Kluepfel, respondent. (Docket No. F-15753/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated June 17, 2004, as a poor person and 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 hereto, it is

ORDERED that the branch of the motion which is for leave to proceed on the original papers is denied as unnecessary; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted to the extent that the pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated July 26, 2004, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until November 29, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15992

M/nal

2004-05797 In the Matter of Eric M. Levande, respondent, v Devorah Levande, appellant. (Docket No. V-8150/03)

SCHEDULING ORDER

Appeal by Devorah Levande from an order of the Family Court, Queens County, dated June 28, 2004. By decision and order of this court dated August 20, 2004, the following attorney was assigned as counsel on the appeal:

Cynthia A. Lee, Esq.

418 St. Marks Place

Staten Island, New York 10301

(718) 720-3366

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated August 20, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16144

M/nal

2004-05363 In the Matter of Isabel M. (Anonymous), respondent, v Benigno P. (Anonymous), appellant. (Docket No. P-01618-03)

SCHEDULING ORDER

Appeal by Benigno P., by permission, from an order of the Family Court, Kings County, dated May 18, 2004. By decision and order of this court dated September 15, 2004, the following attorney was assigned as counsel on the appeal:

David Laniado, Esq.

189 Montague Street - Suite 303

Brooklyn, New York 11201

(718) 246-9444

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated September 15, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M15940

M/nal

2004-07145, 2004-08051 In the Matter of Qwasan M. (Anonymous), appellant. (Docket Nos. D-2808-04, D-2810-04)

SCHEDULING ORDER

Appeals by Qwasom M. from two orders of the Family Court, Nassau County, dated July 23, 2004, and August 18, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16120

CF/

2004-00405 In the Matter of Montebello Woods, Inc., respondent, v Zoning Board of Appeals of Village of Montebello, appellant. (Index No. 3318/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Rockland County, dated December 22, 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

M15801

M/nal

2004-07638 In the Matter of Vincent Oreste, appellant, v Florence Oreste, a/k/a Silverstein, respondent. (Docket No. F-00597/02)

SCHEDULING ORDER

Appeal by Vincent Oreste from an order of the Family Court, Westchester County, dated June 28, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16136

S/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2004-07872 In the Matter of Enrique P. (Anonymous). Child Welfare Administration, Kings County, petitioner; Marguerite S. (Anonymous), et al., respondents-respondents, et al., respondents; Laydia P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Alexa P. (Anonymous). Child Welfare Administration, Kings County, petitioner; Marguerite S. (Anonymous), et al., respondents-respondents, et al., respondents; Laydia P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Fantaysia L. (Anonymous). Child Welfare Administration, Kings County, petitioner; Marguerite S. (Anonymous), et al., respondents-respondents, et al., respondents; Laydia P. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N 11934-03, N 11935-03, N 11936-03, N-32361-03, N 32362-03, N-32363-03)

DECISION & ORDER ON MOTION

Appeal by Laydia P. from an order of the Family Court, Kings County, dated August 12, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved by the order appealed from (see CPLR 5511).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16145

M/nal

2004-06416 In the Matter of Linda Recard, appellant, v Anthony Polite, respondent. (Docket No. V-03869/00)

SCHEDULING ORDER

Appeal by Linda Recard from an order of the Family Court, Kings County, dated July 1, 2004. By decision and order of this court dated September 15, 2004, the following attorney was assigned as counsel on the appeal:

Edward E. Caesar, Esq.

26 Court Street - Suite 2401

Brooklyn, New York 11201-4404

(718) 246-2712

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated September 15, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16131

S/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-02188 In the Matter of Ann Richmond, et al., petitioners, v City of New Rochelle Board of Appeals on Zoning , et al., respondents. (Docket No. 4252/03)

DECISION & ORDER ON MOTION

Motion by the petitioners in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, entered March 12, 2004, for leave to proceed on the original papers and to deem the memoranda of law submitted to the Supreme Court to be the briefs on 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 for leave to proceed on the original papers is granted and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

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

 ORDERED that on the court's own motion the petitioners' time to perfect the proceeding by causing the original papers constituting the record in the proceeding to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by filing their brief is enlarged until September 30, 2004.

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14545

M/nal

2004-06438 In the Matter of Oscar Villa, appellant, v Monica Castano, respondent. (Docket No. V-00919-02, V-07230-02)

SCHEDULING ORDER

Appeal by Oscar Villa from an order of the Family Court, Queens County, dated June 28, 2004. By decision and order of this court dated September 15, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16146

M/nal

2004-05907 In the Matter of Glen Walsh, respondent, v Melissa Badick, appellant. (Docket No. V-3366/03)

SCHEDULING ORDER

Appeal by Melissa Badick from an order of the Family Court, Rockland County, dated June 8, 2004. By decision and order of this court dated September 15, 2004, the following attorney was assigned as counsel on the appeal:

Anne Gilleece, Esq.

399 Knollwood Road - Suite 207

White Plains, New York 10603

(914) 761-0060

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated September 15, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16105

R/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2001-07390 The People, etc., respondent, v James Argentina, appellant. (Ind. No. 371/00)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Suffolk County, rendered August 6, 2001.

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

ORDERED that the motion is granted to the extent 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 his brief on the appeal is enlarged until November 5, 2004, and the motion is otherwise denied.

RITTER, J.P., S. MILLER, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16133

S/sl

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-09490 The People, etc., respondent, v Ivan Obregon, appellant. (Ind. No. 592/03)

DECISION & ORDER ON MOTION

Motion by the attorney for the appellant, in effect, to dismiss an appeal from a judgment of the Supreme Court, Queens County, rendered October 23, 2003, on the ground that the appellant has been deported.

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

ORDERED that the appellant is directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the appellant is no longer available to obey the mandate of this court by filing an affidavit on that issue in the office of the Clerk of this court on or before October 15, 2004 (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578); and it is further,

ORDERED that the motion is held in abeyance in the interim; 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 appellant at his last known address, upon his attorney, and upon the People, by ordinary mail pursuant to CPL 470.60(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16110

C/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-05795 The People, etc., respondent, v Indar Pittam, appellant. (Ind. No. 1063/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, rendered June 18, 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 appellant's time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until November 26, 2004.

RITTER, J.P., S. MILLER, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16157

PL/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-03375 The People, etc., respondent, v Von Ross, appellant. (S.C.I. No. 2004-103)

DECISION AND ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated June 25, 2004, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered March 4, 2004, as a poor person and for the assignment of counsel.

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

ORDERED that on the court's own motion, the appellant is ordered to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the notice of appeal was not timely filed and the appellant has not moved for leave to extend his time to take an appeal (see CPL 460.10, 460.30), by filing an affidavit on that issue with the Clerk of this court on or before October 22, 2004; 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, his attorney, and the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that the motion for poor person relief and for the assignment of counsel is held in abeyance in the interim.

PRUDENTI, P.J., RITTER, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court