Appellate Division: Second Judicial Department

M30353

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2004-08999 Edward Ayers, respondent, v Leila Ayers, appellant. (Action No. 1) (Index No. 203243/00) 2005-05175 Leila Ayers, et al., appellants, v Edward Ayers, respondent. (Action No. 2) (Index No. 009052/04)

ORDER ON APPLICATION

Application by the respondent in Action Nos. 1 and 2 pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Nassau County, dated October 7, 2004 (Appellate Division Docket No. 2004-08999), and May 6, 2005 (Appellate Division Docket No. 2005-05175), respectively.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until October 7, 2005, and the movant'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

M30341

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2005-00624 Marc J. Berger, appellant, v Maimonides Medical Center, et al., respondents. (Index No. 2404/94)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated December 8, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 31, 2005, 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

M30334

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A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-08629 Janet Brunetti, appellant, v John Brunetti, respondent. (Index No. 203789/02)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated August 31, 2005, to modify the order to delete the requirement that the plaintiff post a bond as a prerequisite to release and delivery of her file by outgoing counsel, Goldman & Maurer, LLP, and to stay certain proceedings in the underlying action for certaintime periods from the date of such release and delivery.

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 to this court is granted; and it is further,

ORDERED that the branch of the motion which is to modify the order dated August 31, 2005, is granted to the extent that the portion of the order which directed her to post a bond is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 24, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 24, 2005, 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.

PRUDENTI, P.J., H. MILLER, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30363

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2005-01642, 2005-01643 Capa Partners Limited, respondent, v E-Smart Technologies, Inc., appellant. (Index No. 4913/04)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Nassau County, dated November 15, 2004, and February 4, 2005, respectively.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 28, 2005, 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

M30352

C/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-07003 Stanley Cauthers, respondent, v Frances Cauthers, appellant. (Index No. 8005/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from a decision of the Supreme Court, Orange County, dated June 8, 2005.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is denied as academic.

PRUDENTI, P.J., H. MILLER, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30333

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SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-05615 Stephen Corr, respondent, v Madeline F. Corr, appellant. (Index No. 17983/03)

DECISION & ORDER ON MOTION

Appeal by Madeline F. Corr from a Referee's report of the Supreme Court, Nassau County, dated May 5, 2005.

On the court's own motion, and no papers having been filed in relation or opposition thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a Referee's report (see CPLR 5701[a][2]; Matter of Matsis, 274 AD2d 431).

S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30362

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2005-06533, 2005-06536, 2005-07341 Laurence V. Cubeta, et al., appellants, v York International Corporation, et al., respondents. (Index No. 18726/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Suffolk County, dated June 7, 2005, and June 16, 2005, respectively, and a judgment of the same court dated June 29, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 10, 2005, 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

M30364

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2005-02090 Christopher DeLuca, respondent, v Bruce Blanco, et al., appellants. (Index No. 40/99)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Suffolk County, entered February 17, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30357

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2005-03362, 2005-03364 Elm Management Corp., respondent, v Yisroel Sprung, appellant, et al., defendant. (Index No. 21056/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated October 15, 2004, and February 18, 2005, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until September 30, 2005, and the record or appendix on the appeals 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

M30344

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2004-10680 Gem Flooring, Inc., appellant, v Kings Park Industries, Inc., et al., respondents. (Index No. 12747/01)

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, Suffolk County, dated September 14, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 11, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30337

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2005-01187 Patricia Donelly Gilbert, respondent, v Robert Randall Gilbert, appellant. (Index No. 38054/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated July 21, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30358

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2005-02973, 2005-02974 John Giuliani, respondent, v Marc De Vico, appellant. (Index No. 13853/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Westchester County, entered March 4, 2005, and March 7, 2005, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until November 17, 2005, and the record or appendix on the appeals 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

M30339

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2005-03144 Dorothy Goldblum, etc., et al., respondents, v Franklin Munson Fire District, et al., appellants. (Index No. 2989/03)

ORDER ON APPLICATION

Application by the appellant Franklin Hospital Medical Center pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered December 16, 2004.

ORDERED that the application is granted and the time of the appellant Franklin Hospital Medical Center to perfect the appeal is enlarged until October 26, 2005, and the record or appendix on the appeal and the brief of the appellant Franklin Hospital Medical Center must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30349

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2005-02230 Lori Gonzalo, et al., appellants, v Joline Estates Homeowners Association, Inc., et al., respondents. (Index No. 13029/00)

ORDER ON APPLICATION

Application by the respondent Joline Estates Homeowners Association, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated January 14, 2005.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until October 24, 2005, and the movant'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

M30335

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2005-03688 Internet Server Connections, Inc., appellant- respondent, v Rockstar Games, NYC, et al., respondents-appellants. (Index No. 1774/03)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief, including its points of argument on the cross appeal, on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated March 21, 2005.

ORDERED that the application is granted and the reply brief, including its points of argument on the cross appeal, shall be served and filed on or before October 7, 2005; and it is further,

ORDERED that the reply brief of the respondents-appellants, if any, shall be served and filed in accordance with the rules of this court (see 22 NYCRR 670.8[b]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30354

L/

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2005-00700 Rafael Mayorquin, respondent, v Skillman St. Realty, LLC, appellant, et al., defendant. (Index No. 31511/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 12, 2004.

Upon the stipulation of the attorneys for the respective parties, dated September 12, 2005, it is

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

ADAMS, J.P., LUCIANO, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30338

Y/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-04183 Mei Kay Chan, etc., et al., respondents-appellants, v City of Yonkers, et al., appellants-respondents. (Index No. 1664/03)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered March 15, 2005.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., H. MILLER, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30355

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2004-11176 Moshe Nimirovski, et al., respondents, v Vornado Realty Trust Co., et al., defendants, Kings Plaza Shopping Center of Avenue U, et al., defendants second and fifth third-party plaintiffs- appellants; Capone & Denilo, Inc., first, second, and third third-party defendant-appellant; BNJ Construction Corp., fifth and sixth third-party defendant-appellant; BNF Contractors, Inc., seventh and eighth third-party defendant-appellant (and other third-party actions). (Index No. 19321/99)

ORDER ON APPLICATION Application to Withdraw Appeal

ORDERED that the order on application of this court dated July 18, 2005, in the above-entitled action is recalled and vacated, and the following order on application is substituted therefor:

Application by the fifth and sixth third-party defendant-appellant BNJ Construction Corp. to withdraw its appeal from an order of the Supreme Court, Kings County, dated October 29, 2004.

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

ORDERED that the application is granted and the appeal by the fifth and sixth third-party defendant-appellant BNJ Construction Corp. is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29957

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2005-08352 Salvatore Piliere, appellant, v Deborah Nocilla, respondent. (Index No. 09483/04)

SCHEDULING ORDER

Appeal by Salvatore Piliere from an order of the Supreme Court, Suffolk County, dated August 10, 2005. 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 Supreme Court action to be transcribed for the appeal; or

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M30340

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2005-03097 Carla Smith, respondent, v Robert Fabisenski, appellant. (Index No. 25722/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 14, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 13, 2005, 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

M30346

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A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-07738 Larisa Spivak, plaintiff-respondent, v Marcia Chu, appellant, Debra Amato, defendant-respondent. (Index No. 22851/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated June 9, 2005, to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., H. MILLER, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30348

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THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-03573 Victor J. Zupa, et al., appellants, v Paradise Point Association, Inc., respondent. (Index No. 25843/02)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered April 5, 2004, on the ground that the appeal is academic, or, in the alternative, to hold the appeal in abeyance pending hearing and determination of an appeal entitled Zupa v Zoning Board of Appeals, pending under Appellate Division Docket No. 2005-05234.

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

ORDERED that the motion is denied.

ADAMS, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30361

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2005-01734 In the Matter of Jose De La Cruz, petitioner, v Donald Selsky, respondent. (Index No. 5088/04)

ORDER ON APPLICATION

Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated January 21, 2005.

ORDERED that the application is granted and the petitioner's time to perfect the proceeding by causing the original papers constituting the record on the proceeding to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the proceeding is enlarged until November 7, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30324

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2004-09887, 2004-09888, 2004-09889, 2004-09890, 2005-00674 In the Matter of Judith Finell, respondent, v Steven Finell, appellant. (Docket Nos. F-06931-03, F-06932-03, F-06933-03)

SCHEDULING ORDER

Appeals by Steven Finell from two orders of the Family Court, Westchester County, both dated November 5, 2003, an amended order of the same court dated September 27, 2004, an order of the same court dated September 30, 2004, and an order of the same court dated December 14, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on August 8, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until October 31, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30345

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2005-03033 In the Matter of GE Property and Casualty Ins. Co., f/k/a Colonial Penn Insurance Company, petitioner-respondent, v Mohammed Shakoor, et al., respondents, Travelers Indemnity Company, appellant. (Index No. 587/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated July 1, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 17, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30356

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2005-02562 In the Matter of Elizabeth P. Wang, deceased. Edward D. Wang, respondent; Lily Wang, et al., appellants. (Matter No. 1) (File No. 1496/99) Lily Wang, appellant, v Lisa Houck, et al., respondents. (Matter No. 2) (Index No. 2393/02)

ORDER ON APPLICATION

Separate applications by the appellants in Matter Nos. 1 and 2 pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decree of the Surrogate's Court, Suffolk County, dated January 18, 2005.

ORDERED that the applications are granted and the appellants' time to perfect their respective appeals is enlarged until November 9, 2005, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court