Appellate Division: Second Judicial Department

M16260

O/sl

SONDRA MILLER, J.P.

GLORIA GOLDSTEIN

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2002-08640 Mohamed Abdelaal, plaintiff, v Samuel Gindi, et al., defendants third-party plaintiffs; Astra Construction Corp., et al., third-party defendants- appellants; City Construction Co., third-party defendant-respondent. (Index No. 47854/99)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, entered July 2, 2002, which was determined by decision and order of this court dated June 14, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

S. MILLER, J.P., GOLDSTEIN, COZIER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16222

S/sl

2004-02560 Bank of New York, respondent, v C & C Car Worx, II, Inc., etc., et al., appellants. (Index No. 3650/00)

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 February 10, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 22, 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

M16226

Y/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-07696 Beneficial Mortgage Corporation, respondent, v Carl Lawrence, et al., appellants. (Index No. 15880/02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Westchester County, entered August 16, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16219

Y/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-10329, 2003-10330 Bosco, Bisignano & Mascolo, Esqs., LLP, appellant, v Galina Aileen Turyan, respondent. (Index No. 10265/03)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue appeals from two orders of the Supreme Court, Richmond County, dated September 17, 2003, and October 20, 2003, respectively, which were determined by decision and order of this court dated July 14, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16238

Y/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-02377 Brooklyn House of Hardware and Locks, Inc., respondent, v Jeanie Fried, appellant. (Index No. 25376/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated July 12, 2004, which determined an appeal from a judgment of the Supreme Court, Kings County, dated March 9, 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.

SANTUCCI, J.P., H. MILLER, LUCIANO, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16252

C/sl

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

ROBERT W. SCHMIDT

BARRY A. COZIER

PETER B. SKELOS, JJ.

2003-07724 Mario Caminero, et al., respondents, v Peekskill Lincoln Mercury, d/b/a Canora Lincoln Mercury, Inc., appellant, et al., defendants. (Index No. 17303/00)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered February 6, 2003, in effect, to hold the appeal in abeyance pending hearing and determination of an appeal from a judgment of the same court entered July 7, 2004, pending under appellant Division Docket No. 2004-06791.

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 the appeal from the order dated February 5, 2003, is held in abeyance pending the hearing and determination of the appeal from the judgment entered July 7, 2004.

ALTMAN, J.P., GOLDSTEIN, SCHMIDT, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16247

E/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-11200 Fred Capestany, appellant, v C&S Properties, L.P., et al., respondents. (Index No. 3502/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the record on an appeal from an order of the Supreme Court, Suffolk County, dated November 10, 2003, to include a "CPLR 3101(d) Exchange" dated July 7, 2003, with attached report of Schneider Engineering, PLLC, dated July 7, 2003, and a letter dated July 7, 2003, with attached note of issue and affirmation of compliance, and or, in the event that the branch of the motion to enlarge the record is denied, to strike stated portions of the respondents' brief on the ground that it refers to material dehors the record.

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

ORDERED that the branch of the motion which is to enlarge the record on appeal to include a "CPLR 3101(d) Exchange" dated July 7, 2003, with attached report of Schneider Engineering, PLLC, dated July 7, 2003, and a letter dated July 7, 2003, with attached note of issue and affirmation of compliance, attached to the motion papers as exhibits D and E, respectively, is granted and the appellant shall be serve and file a supplemental record on or before October 25, 2004, containing those documents; and it is further

ORDERED 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

M16216

PL/sl

2004-04641 Mary Careccia, respondent, v Metropolitan Suburban Bus Authority, d/b/a MTA Long Island Bus, et al., appellants, et al., defendants. (Index No. 19019/00)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 6, 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

M16211

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

ROBERT W. SCHMIDT, JJ.

2002-09843, 2004-05743 Virginia M. DeMille, respondent, v Nelson R. DeMille, appellant. (Index No. 202794/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Nassau County, dated July 1, 2004, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal from that order, and cross motion by the respondent for a preference in the calendaring of the appeal from the order dated July 1, 2004, and for leave to reargue an appeal from an order of the same court dated October 24, 2002, which was determined by decision and order of this court dated March 8, 2004.

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

ORDERED that the branch of the motion which is to stay enforcement of the order dated July 1, 2004, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal from that order is granted and enforcement of the order dated July 1, 2004, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appellant shall continue to pay the sum of $5,500 per month to the respondent and pay the major carrying charges relating to the respondent's residence, such as real estate taxes (school and village), property association dues, water charges, and utility expenses for fuel oil, gas, and electric, and on the further condition that he perfect the appeal from the order dated July 1, 2004, on or before October 25, 2004; and it is further,

 ORDERED that in the event the appellant fails to comply with any of the above conditions, the court, on its own motion, may vacate the stay or the respondent may move to vacate the stay, on three days notice; and it is further,

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

ORDERED that the cross motion is denied.

RITTER, J.P., SANTUCCI, FLORIO and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16264

O/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2002-09072 Frank Fappiano, et al., appellants, v City of New York, et al., respondents, et al., defendants. (Index No. 3608/93)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated August 26, 2002, which was determined by decision and order of this court dated March 22, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16239

Y/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-01236 Elizabeth Frett, respondent, v New York City Transit Authority, et al., appellants. (Index No. 11958/98)

DECISION & ORDER ON MOTION

Motion by the appellant Isabelle Skeete, joined by the appellant New York City Transit Authority, to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered January 27, 2004.

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

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

ORDERED that the time of the appellants Isabelle Skeete and New York City Transit Authority to perfect the appeal is enlarged until December 27, 2004, and the record or appendix on the appeal and the brief of those appellants 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

M16106

PL/sl

2004-01260 Angela Gram, et al., respondents, v Mohsen Chafizadeh, defendant, St. John's Riverside Hospital, appellant. (Index No. 18169/01)

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 18, 2003.

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.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16229

PL/sl

2004-00622 Perry Joseph, et al., appellants, v Robert Delorenz, respondent. (Index No. 27028/99)

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, Nassau County, dated December 24, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 18, 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

M16220

O/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-03337 Joseph LaMacchia, etc., et al., appellants, v Frances Rogers, respondent. (Index No. 3195/98)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated February 18, 2003, which was determined by decision and order of this court dated June 7, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16265

E/sl

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-10684 LaSalle National Bank, etc., respondent, v George Durand, appellant. (Index No. 2561/02)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - July 2004 Calendar", dated August 16, 2004, as dismissed an appeal from a decision of the Supreme Court, Nassau County, dated November 18, 2003, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16267

O/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

ROBERT W. SCHMIDT

STEVEN W. FISHER, JJ.

2003-11409 Michelle Lamprecht, respondent, v Noel Rhinehardt, appellant. (Index No. 5379/02)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated November 26, 2003, which was determined by decision and order of this court dated June 14, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

SANTUCCI, J.P., S. MILLER, SCHMIDT and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16258

O/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-07610 Landmark Properties, plaintiff, v Edward Olivo, et al., defendants. (Index No. 1148/02)

DECISION & ORDER ON MOTION

Motion by the defendant Edward Olivo for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated July 6, 2004, which affirmed a judgment of the First District Court, Nassau County, entered May 14, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16234

O/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

STEVEN W. FISHER, JJ.

2003-11189 Sean Lester, appellant, v Francis Braue, defendant, John Navaratte, respondent. (Index No. 20430/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated December 15, 2003.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until October 25, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16250

E/nal

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-10955 Ira Mandel, etc., et al., respondents-appellants, v New York County Public Administrator, etc., appellant-respondent. (Index No. 42586/96)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal from a judgment of the Supreme Court, Kings County, dated November 13, 2003, to direct the appellant-respondent to file a supplemental joint appendix and to enlarge their time serve and file their answering brief, including their points of argument on the cross appeal.

Upon the papers filed in support of the motion and the stipulation of the parties dated August 27, 2004, it is

ORDERED that the branch of the motion which is to direct the appellant-respondent to file a supplemental joint appendix is granted to the extent that on or before November 23, 2004, the appellant-respondent shall serve and file a supplemental joint appendix in accordance with the stipulation dated August 27, 2004; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents-appellants' time serve and file their answering brief, including their points of argument on the cross appeal is granted, the respondents-appellants time to serve and file their answering brief, including their points of argument on the cross appeal is enlarged until December 23, 2004, and the answering brief, including the points of argument on the cross appeal, must be served on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16259

E/sl

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-04426 Maureen Manns, appellant, v James N. Vaz, respondent. (Index No. 3054/02)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated March 15, 2004, on the ground that the appellant failed 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 denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16241

O/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

STEVEN W. FISHER, JJ.

2003-10861 Anita G. Mazzella, etc., appellant, v Luigi Capobianco, et al., respondents. (Index No. 13337/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of Supreme Court, Nassau County, dated November 17, 2003.

Upon the papers filed in support of the motion, and upon the stipulation of the parties dated August 11, 2004, 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 4, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16240

Y/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-04642, 2004-04677 Fernande Paltre, etc., et al., appellants, v General Motors Corporation, et al., respondents. (Action No. 1) (Index No. 5014/03) Lisa Baade, etc., appellant, v General Motors Corporation, et al., respondents. (Action No. 2) (Index No. 3318/03)

DECISION & ORDER ON MOTION

Motion by Daniel A. Small and Justine J. Kaiser, attorneys in good standing in the State of Maryland, to be admitted pro hac vice to represent the appellants in Action No. 1 on an appeal from two orders of the Supreme Court, Nassau County, both dated April 21, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16262

O/sl

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-09560 Ping Lee, respondent, et al., plaintiffs, v Eagle Street Associates, Inc., et al., appellants. (Index No. 19972/96)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated August 22, 2002, in effect, inter alia, for leave to reargue a prior motion for leave to reargue the appeal, or, in the alternative, for leave to appeal to the Court of Appeals, which was determined by decision and order on motion of this court dated February 26, 2004.

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

ORDERED that the motion is denied, with $100 costs.

PRUDENTI, P.J., S. MILLER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16227

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2003-03286 Keron Rivera, et al., respondents-appellants, v La Guardia Hospital, etc., et al., appellants- respondents, et al., defendants. (Index No. 23850/97)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent Valerie E. Williams on appeals and a cross appeal from an order of the Supreme Court, Queens County, dated March 10, 2003, to stay the trial in the above-entitled action pending hearing and determination of the appeals and cross 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.

FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16224

PL/sl

2004-01963 Joffre Robalino, appellant, v Ketan Shevde, et al., respondents. (Index No. 48642/96)

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 26, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 25, 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

M16213

Y/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-05299 Dorothy Scudera, et al., respondents, v Rahman Mahbubur, et al., appellants. (Index No. 9937/00)

ORDER ON APPLICATION

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, Nassau County, entered April 22, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16263

Y/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2002-10666 Bacilio Silva, et al., appellants, v City of New York, respondent. (Index No. 1420/98)

DECISION & ORDER ON MOTION

Motions by the appellants for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated September 6, 2002, which was determined by decision and order of this court dated April 19, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that on the court's own motion, on or before October 25, 2004, the appellants shall serve and file a brief on the issue of how Administrative Code of City of New York § 7-201 [c][2] affects the decision and order of this court dated September 6, 2002, in light of the Court of Appeals decision in Bruni v City of New York (2 NY3d 319); and it is further,

ORDERED that the respondent shall serve and file a brief on that issue on or before November 26, 2004; and it is further,

ORDERED that any reply brief shall be served and filed on or before December 7, 2004; and it is further,

ORDERED that the motions are held in abeyance in the interim.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16228

J/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-05455 Lucy Taylor, respondent, v New York City Transit Authority, appellant. (Index No. 3652/95)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated August 23, 2004, in the above-entitled action is amended by deleting from the recitation paragraph thereof the words "the papers filed in opposition,"and substituting therefor the words "no papers having been filed in opposition or relation."

FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16103

PL/sl

2004-01098 Gail Wechsler, et al., respondents, v Anita Moallem, et al., appellants. (Index No. 13806/01)

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 an appeal from a judgment of the Supreme Court, Kings County, entered January 7, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 8, 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

M16268

E/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT, JJ.

2003-02707 Daniel Weising, respondent, v Fairfield Properties, et al., appellants (and a third-party action). (Index No. 20494/95)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated February 7, 2003, which was determined by decision and order of this court dated April 5, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

SANTUCCI, J.P., FLORIO, KRAUSMAN and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16100

M/nal

2004-07965 In the Matter of David A. B. (Anonymous), appellant. (Docket No. D-11652-03)

SCHEDULING ORDER

Appeal by David A. B. from an order of the Family Court, Nassau County, dated August 2, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M16083

M/nal

2004-08104 In the Matter of James B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Scott H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Malik H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Docket Nos. N-03908-04, N-03909-04, N-03910-04)

SCHEDULING ORDER

Appeal by Steven H. from an order of the Family Court, Queens County, dated August 25, 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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M16215

M/nal

2004-04654 In the Matter of Joshua B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Steven H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Shanice H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of James B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Scott H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Malik H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Docket Nos. N-03477-02, N-03478-02, N-03479-02 N-03480-02, N-03481-02, N-03482-02)

ORDER TO SHOW CAUSE

Appeal by Steven H. from an order of the Family Court, Queens County, dated April 21, 2004. By scheduling order dated June 3, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated June 3, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 12, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16065

M/nal

2004-07974 In the Matter of Jennifer L. Baum, respondent, v Daniel J. Papay, appellant. (Docket No. U-27-01)

SCHEDULING ORDER

Appeal by Daniel J. Papay from an order of the Family Court, Rockland 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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M16225

O/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-10754 In the Matter of Maria del Carmen, etc., respondent, v Brentwood Union Free School District, appellant. (Index No. 16839/03)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated November 5, 2003, which was determined by decision and order of this court dated May 10, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16230

M/nal

2004-05407 In the Matter of Kenneth D. (Anonymous). Administration for Children's Services, respondent; Delano D. (Anonymous), appellant. (Docket No. N- 08747-02)

ORDER TO SHOW CAUSE

Appeal by Delano D. from an order of the Family Court, Queens County, dated May 12, 2004. By scheduling order dated August 5, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 5, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 12, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16223

J/sl

2004-05181 In the Matter of Luis Dulanto, petitioner, v Joseph J. Nicoletti, et al., respondents. (Index No. 3377/04)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated June 14, 2004.

ORDERED that the application is granted and the respondents' brief which was submitted to the Clerk of this court is accepted for filing; and it is further,

ORDERED that the petitioner's reply brief, if any, shall be served and filed on or before October 4, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16164

M/nal

2004-07959 In the Matter of Nicholas G. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Tammy G. (Anonymous), respondent; Anthony W. (Anonymous), nonparty-appellant. (Docket No. N- 90-99)

SCHEDULING ORDER

Appeal by Anthony W. from an order of the Family Court, Westchester County, dated August 9, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M16089

M/nal

2004-07961 In the Matter of Nicholas G. (Anonymous). Westchester County Department of Social Services, respondent; Anthony W. (Anonymous), appellant. (Docket No. AS-10719/04)

SCHEDULING ORDER

Appeal by Anthony W. from an order of the Family Court, Westchester County, dated August 9, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M16073

M/nal

2004-08088 In the Matter of Robert Goodley, respondent, v Anita Hudgins, appellant. (Docket Nos. V-16/00, V-109/00)

SCHEDULING ORDER

Appeal by Anita Hudgins from an order of the Family Court, Richmond County, dated August 18, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M16235

M/nal

2004-05896 In the Matter of Destiny L. (Anonymous). Administration for Children's Services, respondent; Paul L. (Anonymous), appellant. In the Matter of Paul L. (Anonymous). Administration for Children's Services, respondent; Paul L. (Anonymous), appellant. In the Matter of Qeianu L. (Anonymous). Administration for Children's Services, respondent; Paul L. (Anonymous), appellant. In the Matter of Sakeina D. (Anonymous). Administration for Children's Services, respondent; Paul L. (Anonymous), appellant. In the Matter of Shantel W. (Anonymous). Administration for Children's Services, respondent; Paul L. (Anonymous), appellant. (Docket Nos. N-0404-02, N-0405-02, N-0406-02, N-0407-02, N-0408-02)

ORDER TO SHOW CAUSE

Appeal by Paul L., the father, from an order of the Family Court, Kings County, dated June 14, 2004. By scheduling order dated July 26, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated July 26, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 12, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16221

M/nal

2004-05357 In the Matter of Cory M. (Anonymous). Administration for Children's Services, respondent; Eugene M. (Anonymous), appellant. In the Matter of Christina M. (Anonymous). Administration for Children's Services, respondent; Eugene M. (Anonymous), appellant. In the Matter of Christopher M. (Anonymous). Administration for Children's Services, respondent; Eugene M. (Anonymous), appellant. (Docket Nos. B-3909-99, B-3910-99, B-3911-99 B-3912-99, N-9354-98, N-9355-98, N-9356-98)

ORDER TO SHOW CAUSE

Appeal Eugene M. by from an order of the Family Court, Queens County, dated May 20, 2004. By scheduling order dated July 6, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated July 6, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 12, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16104

M/nal

2004-07984 In the Matter of Liu M. (Anonymous), appellant. (Docket No. D-6255/04)

SCHEDULING ORDER

Appeal by Liu M. from an order of the Family Court, Kings 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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M16249

O/sl

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-02508 In the Matter of Alfred Mancuso, petitioner, v Anne G. Feldman, respondent.

DECISION & ORDER ON MOTION

Motion by the petitioner in a proceeding pursuant to CPLR article 78 for leave to reargue a motion for permission to prosecute the proceeding as a poor person, which was determined by decision and order of this court dated June 15, 2004.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16056

M/nal

2004-08077 In the Matter of Jordan P. (Anonymous). Administration for Children's Services, respondent; Donna C. (Anonymous), appellant. In the Matter of Xavier P. (Anonymous). Administration for Children's Services, respondent; Donna C. (Anonymous), appellant. (Docket Nos. N-14432-02, N-14433-02)

SCHEDULING ORDER

Appeal by Donna C. from an order of the Family Court, Queens County, dated March 26, 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 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

M16053

M/nal

2004-08057 In the Matter of Theresa Partanio, respondent, v Gregory Partanio, appellant. (Docket No. F-10860-03)

SCHEDULING ORDER

Appeal by Gregory Partanio from an order of the Family Court, Nassau County, dated August 24, 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

M16271

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

THOMAS A. ADAMS

ROBERT A. LIFSON, JJ.

2004-05055 In the Matter of Peconic Baykeeper, Inc., et al., respondents, v Suffolk County, et al., appellants. (Index No. 10744/03)

DECISION & ORDER ON MOTION

Motion by the Board of Trustees of the Freeholders and Comonality of the Town of Southampton for leave to intervene on an appeal from a judgment of the Supreme Court, Suffolk County, dated May 17, 2004.

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

ORDERED that the motion is granted to the extent that the Board of Trustees of the Freeholders and Comonality of the Town of Southampton has leave to file an amicus curiae brief and the motion is otherwise denied; and it is further,

ORDERED that the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before October 12, 2004; and it is further,

ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,

 ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 10 days after service upon them of the amicus curiae brief and the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16059

M/nal

2004-08091 In the Matter of Athinkakis Pericleous, appellant, v Moska Megaris, respondent. (Docket No. F-10572-02)

SCHEDULING ORDER

Appeal by Athinkakis Pericleous from an order of the Family Court, Suffolk County, dated July 13, 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

M16217

Y/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2003-10357 In the Matter of Peter R. and Matthew R., (Anonymous). Administration for Children's Services, appellant; Stacey R. (Anonymous), et al., respondents. (Docket Nos. N 16123/01, N 16124/01)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from an order of the Family Court, Queens County, dated November 24, 2003, which was determined by decision and order of this court dated June 21, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16061

M/nal

2004-07962 In the Matter of Isabel Olga Restrepo, respondent, v James Gleeson, Jr., appellant. (Docket No. F-01576-96)

SCHEDULING ORDER

Appeal by James Gleeson, Jr., from an order of the Family Court, Suffolk County, dated July 26, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M16236

M/nal

2004-05927 In the Matter of Peter L. Santamaria, respondent, v Arianna S. Losada, appellant. (Docket No. O-02261-04)

ORDER TO SHOW CAUSE

Appeal by Arianna S. Losada from an order of the Family Court, Queens County, dated June 18, 2004. By scheduling order dated July 26, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 26, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 12, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16237

M/nal

2004-05929 In the Matter of Cathy M. Santamaria, respondent, v Arianna S. Losada, appellant. (Docket No. O-02262-04)

ORDER TO SHOW CAUSE

Appeal by Arianna S. Losada from an order of the Family Court, Queens County, dated June 18, 2004. By scheduling order dated July 26, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 26, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 12, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16255

E/sl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-06824 In the Matter of John Shields, et al., petitioners, v Charlotte Madigan, etc., et al., respondents; Ruben Diaz, Sr., et al., nonparties. (Index No. 1458/04)

DECISION & ORDER ON MOTION

Motion by Ruben Diaz, Sr., Daniel Hooker, Raymond Meier, Michael Long, and the New York Family Policy Counsel, inter alia, for leave to appeal to this court from an order of the Supreme Court, Rockland County, entered June 4, 2004.

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 it is further,

ORDERED that the motion is otherwise denied as academic.

FLORIO, J.P., MASTRO, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16218

M/nal

2004-05115 In the Matter of Martina April T. (Anonymous). Administration for Children's Services, petitioner- respondent; Martin Mc. (Anonymous), appellant, et al., respondent. (Docket No. B-2024/00)

ORDER TO SHOW CAUSE

Appeal by Martin Mc. from an order of the Family Court, Queens County, dated May 11, 2004. By scheduling order dated July 6, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 6, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 12, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16081

M/nal

2004-08076 In the Matter of Chukwuemeka U. (Anonymous). Westchester County Department of Social Services, appellant; Ifoema U. (Anonymous), et al., respondents. (Docket No. K-4542-04)

SCHEDULING ORDER

Appeal by Westchester County Department of Social Services from an order of the Family Court, Westchester 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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M16165

M/nal

2004-07977, 2004-07978 In the Matter of Patrick Kishawn W. (Anonymous), a/k/a Patrick W. (Anonymous). Little Flower Children's Services, et al., respondents; Yvonne W. (Anonymous), appellant. In the Matter of "Male" W. (Anonymous), a/k/a Tashien W. (Anonymous), a/k/a Tashiem W. (Anonymous). Little Flower Children's Services, et al., respondents; Yvonne W. (Anonymous), appellant. (Docket Nos. B-16253/03, B-16254/03)

SCHEDULING ORDER

Appeals by Yvonne W. from two orders of the Family Court, Kings County, both dated August 5, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M16253

O/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-03308 The People, etc., respondent, v Isaias Bermudez, appellant. (Ind. No. 3918/00)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the Supreme Court, Queens County, rendered April 4, 2003, to include the minutes of the proceedings which occurred before the Supreme Court, Queens County, on the following dates:

June 7, 2001; June 28, 2001; July 27, 2001; September 20, 2001; October 18, 2001; November 9, 2001; December 19, 2001; February 6, 2002; February 21, 2002; April 11, 2002; May 21, 2002; June 12, 2002; June 24, 2002; July 2, 2002; September 6, 2002; October 1, 2002; November 13, 2002; November 14, 2002; and December 4, 2002.

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

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

ORDERED that the order of this court dated May 9, 2003, which granted poor person relief to the appellant is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of the proceedings which occurred on the above-listed dates, if they are available, and the Clerk of the trial court is directed to furnish one copy to the appellant's counsel, without charge; and it is further,

ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the proceedings which occurred on the above-listed dates for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken, and to deliver the transcript of the stenographic minutes of the proceedings which occurred on the above-listed dates to the respondent when the appellant's brief is served.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16256

O/sl

FRED T. SANTUCCI, J.P.

NANCY E. SMITH

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2000-07789 The People, etc., respondent, v Leroy Day, appellant. (Ind. No. 91/99)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the County Court, Nassau County, rendered August 14, 2000, which was determined by decision and order of this court dated June 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.

SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16243

E/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2000-11444 The People, etc., respondent, v Andrew Kelley, appellant. (Ind. No. 00-00655)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Westchester County, rendered October 26, 2000, on the ground that the appellant is no longer available to obey the mandate of the court.

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 the appeal is dismissed on the ground that the appellant is no longer available to obey the mandate of the court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16212

S/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-04728 The People, etc., respondent, v Frank LaPetina, appellant. (Ind. No. 540-03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge time to perfect appeal from a judgment of the Supreme Court, Queens County, rendered June 29, 2004, and to continue the provisions of a decision and order on motion of this court dated June 4, 2004, issued pursuant to CPL 530.40 pending determination of the appeal to this court.

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 January 25, 2005, and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the provisions of the decision and order on motion of this court dated June 4, 2004, which released the appellant on bail of $250,000 are continued pending hearing and determination of the appeal; and it is further,

ORDERED that if the appeal is not perfected by January 25, 2005, the provisions of the order dated June 4, 2004, shall terminate, and this decision and order on motion shall constitute authorization to any peace officer to arrest and deliver the defendant to the sentencing court for execution of sentence; and it is further,

 ORDERED that counsel for the defendant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16248

O/sl

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2002-10568 The People, etc., respondent, v David Martin, appellant. (Ind. No. 1563/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Westchester County, rendered October 15, 2002.

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

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

ORDERED that the appellant's time to serve and file a supplemental brief is enlarged until November 24, 2004, and the supplemental brief must be served and filed on or before that date; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16274

S/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2001-02768 The People, etc., respondent, v William Noel, a/k/a Edward Noel, appellant. (Docket No. 00-00025)

DECISION & ORDER ON MOTION

On the court's own motion it is

ORDERED that its decision and order on motion dated March 1, 2002, in the above-entitled action is amended by deleting from the assigned counsels address the words "9 Craftwood Drive" and substituting therefor the words "8 Craftwood Drive, Chestnut Ridge."

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16242

E/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2003-01646 The People, etc., respondent, v Andre Rogers, appellant. (Ind. No. 3461/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, for leave to reargue his motion, inter alia, for leave to amend his supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered February 6, 2003, which was determined by decision and order on motion of this court dated June 29, 2004.

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

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

ORDERED that on the court's own motion, the respondent's time to serve and file a brief in response to the supplemental pro se brief is enlarged until October 25, 2004, and the respondent's response to the supplemental pro se brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03-A-0946

Elmira Corr. Fac.

Box 500

Elmira, NY 14902

Appellate Division: Second Judicial Department

M16214

O/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

1992-01872 The People, etc., respondent, v Deshaw Smith, a/k/a Darryl Swindell, appellant. (Ind. No. 4573/90)

DECISION & ORDER ON MOTION

Motion by the appellant to reargue an application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this court dated December 5, 1994 (People v Smith, 210 AD2d 267), affirming a judgment of the Supreme Court, Queens County, rendered February 5, 1992, which was determined by decision and order of this court dated November 17, 2003, or in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court dated November 17, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16245

E/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2003-02104 The People, etc., respondent, v James Warren, appellant. (Ind. No. 2648/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered February 11, 2003, and to be furnished with a copy of the typewritten transcripts of the proceedings, if any.

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

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

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

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief in response to the appellant's main brief is enlarged until October 25, 2004, and the respondent's brief must be served and filed on or before that date.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03-A-1476

Auburn Correctional Facility

Box 618

Auburn, NY 13024

Appellate Division: Second Judicial Department

M16246

Y/nal

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2003-05729 The People, etc., respondent, v Paul Wellington, appellant. (Ind. No. 1123/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered June 5, 2003, and to be furnished with a copy of the typewritten transcripts of the proceedings, if any.

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

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief in response to the appellant's main brief is enlarged until November 10, 2004, and the respondent's brief must be served and filed on or before that date.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03-A-3255

Sing Sing Correctional Facility

354 Hunter Street

Ossining, NY 10562