Appellate Division: Second Judicial Department

M16418

J/sl

2004-03638 Margaret Albert, appellant, v Austin Egan, respondent. (Index No. 9283/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated February 27, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 29, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16340

M/nal

2004-06501 Mario Arciniega, appellant, v Norma Arciniega Hanze, respondent. (Index No. 29809-03)

SCHEDULING ORDER

Appeal by Mario Arciniega from an order of the Supreme Court, Suffolk County, dated June 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 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

M16452

C/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-00665 Christopher Catalano, respondent, v Joyce Marie Catalano, appellant. (Index No. 00-6550)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated December 2, 2003.

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, on the ground that the appellant is not aggrieved by a judgment entered upon the stipulation of the parties (see CPLR 5511); and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16451

S/sl

2004-01237 Chase Manhattan Mortgage Corporation, respondent, v Harold Mitchell, et al., defendants, Agnes Mitchell, appellant. (Index No. 9911/00)

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 December 4, 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

M16435

Y/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-07976 John Cooney, Sr., respondent, v Elaine Cooney, et al., appellants. (Index No. 13764-03)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Westchester County, entered September 7, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16448

PL/sl

2004-06939 Margaret Cruz, respondent, v James McAneney, appellant. (Index No. 24368/03)

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 July 2, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16453

S/sl

2004-01543 Erin D'Anna, appellant, v John D'Anna, respondent. (Index No. 5342/99)

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 an order of the Supreme Court, Richmond County, dated December 22, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 22, 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

M16419

E/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-05695 William J. Dittmer, etc., et al., respondents, v Scott T. Terzian, defendant, Ford Motor Credit Company, appellant. (Index No. 7370/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Rockland County, entered June 9, 2004, to stay the trial in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16414

J/sl

2004-04338 Seth Farber, appellant, v HSBC USA, Inc., respondent (and a third-party action). (Index No. 6379/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 5, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 29, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16430

R/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2003-10396 Felix Feliciano, appellant, v State of New York, respondent. (Motion No. M-67055)

DECISION & ORDER ON MOTION

Motion by Nishman & Savitsky, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Court of Claims, dated October 1, 2003, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is for leave to withdraw as counsel is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until October 27, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

 ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16429

C/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2003-11378, 2003-11379 Mohani Jaikaran, appellant, v Abraham Marin, respondent. (Index No. 22903/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from (1) an order of the Supreme Court, Kings County, dated September 24, 2003, and (2) a judgment of the same court dated November 13, 2003.

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 perfect the appeals is enlarged until October 29, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16389

PL/sl

2004-04229 Jane Doe, etc., et al., respondents, v Town of Hempstead Board of Education, et al., appellants. (Index No. 10200/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated April 23, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 27, 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

M16400

R/sl

FRED T. SANTUCCI, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-07644 Edward Kelley, a/k/a Adarsi Das, et al., respondents, v Aruna Garuda, a/k/a Aruna Devi Das, et al., appellants. (Index No. 7016/04)

DECISION & ORDER ON MOTION

Motion by the appellants, to stay enforcement of an order of the Supreme Court, Nassau County, dated August 20, 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 on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order which does not decide a motion made upon notice, and we decline to grant leave to appeal (see CPLR 5701); and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16454

S/sl

2004-02835, 2004-03940 Concetta Lucchese, et al., appellants, v Evan S. Silverman, et al., respondents. (Index No. 26239/95)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, dated February 25, 2004, and a judgment of the same court also dated February 25, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until December 20, 2004, and the record or appendix on the appeals 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

M16326

M/nal

2004-08289 Theresa Katherine Peluso, respondent, v Edward Daniel Peluso, appellant. (Index No. 28791/00)

SCHEDULING ORDER

Appeal by Edward Daniel Peluso from an order of the Supreme Court, Queens County, dated August 11, 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 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

M16442

C/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2002-10236, 2002-10237, 2002-10238, 2002-10239, 2003-05819, 2003-05820, 2003-11318, 2004-02683 Ping Lee, appellant, v City of New York, et al., respondents. (Index No. 22680/00)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this court dated September 23, 2003, as (1) denied that branch of his prior motion which was to vacate so much of a decision and order on motion of this court dated August 1, 2003, as dismissed his appeals from two orders of the Supreme Court, Queens County, dated February 7, 2003, and May 9, 2003, respectively, and (2) dismissed appeals from orders of the same court dated March 8, 2002, July 24, 2002, July 24, 2002, and October 11, 2002, respectively, for failure to timely perfect the appeals, to consolidate the above appeals with appeals from a judgment of the same court entered November 12, 2003 (Appellate Division Docket No. 2003-11318), and an order of the same court entered February 11, 2004 (Appellate Division Docket No. 2004-02683), and to enlarge the time to perfect the consolidated appeals.

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

ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion dated September 23, 2003, as denied that branch of the appellant's prior motion which was to vacate so much of the decision and order on motion dated August 1, 2003, as dismissed the appeals from the orders dated February 7, 2003, and May 9, 2003, respectively, and dismissed the appeals from the orders dated March 8, 2002, July 24, 2002, July 24, 2002, and October 11, 2002, respectively, are denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the judgment entered November 12, 2003, and the order entered February 11, 2004, is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the judgment entered November 12, 2003, and the order entered February 11, 2004, is granted; the appellant's time to perfect those appeals is enlarged until November 3, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16449

S/sl

2004-00893 Sears Mortgage Corporation, respondent, v Shahrokh J. Yaghobi, appellant, et al., defendants. (Index No. 7919/91)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated November 18, 2003.

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged, and the appellant's record and brief which was submitted to the Clerk of this court are accepted for filing; and it is further,

ORDERED that the respondent shall serve and file its brief on or before October 29, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16450

PL/sl

2004-05485 Juanito Sy, respondent, v Elena Kopet, et al., appellants. (Index No. 31481/02)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 29, 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

M16416

J/sl

2004-01252 Clara Stella Mendez Velez, etc., appellant-respondent, v Tuckahoe Development, LLC, et al., respondents, W.B. Contracting Corp., et al., respondents-appellants. (Index No. 11795/01)

ORDER ON APPLICATION

Application by the appellant-respondent 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, entered January 7, 2004.

ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until October 21, 2004, and the joint record or joint appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants' respective briefs, including their points of argument on the cross appeals, shall be served and filed in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16432

C/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-01607 Irene Wiener, respondent, v Walter Iwachiw, appellant. (Index No. 2877/98)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Suffolk County, entered December 4, 2000, inter alia, for poor person relief and the assignment of counsel, to stay enforcement of, among other things, the judgment, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal 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; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16379

M/nal

2004-00064 In the Matter of Ghislaine Charles, respondent, v Claude L. Charles, appellant. (Docket No. O-7673/03)

SCHEDULING ORDER

Appeal by Claude L. Charles from an order of the Family Court, Nassau County, dated November 24, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until October 21, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16338

M/nal

2004-06736, 2004-08053, 2004-08054, 2004-08055 In the Matter of Daniel W. Dobbins, respondent, v Nancy A. Vartabedian, appellant. (Docket No. F-01813-99)

SCHEDULING ORDER

Appeals by Nancy A. Vartabedian from four orders of the Family Court, Suffolk County, all dated July 1, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16358

M/nal

2004-01437 In the Matter of James Andrew Francischelli, appellant, v Delores A. Andino, respondent. (Docket No. V-15106/00)

ORDER TO SHOW CAUSE

Appeal by James Andrew Francischelli from an order of the Family Court, Queens County, dated December 12, 2003. By scheduling order dated June 22, 2004, the appellant was granted until September 20, 2004, to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on 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 June 22, 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 22, 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

M16380

M/nal

2004-01193 In the Matter of Canvas H. (Anonymous), appellant. (Docket No. D-18185/03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Queens County, dated February 5, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 20, 2004. 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 brief shall be served and filed within 45 days of the date of this order.

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

M16352

M/nal

2003-10141 In the Matter of Jose I. (Anonymous), Jr. Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-20947-00) In the Matter of Tiana E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-20948-00) In the Matter of Jessica E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-20949-00) In the Matter of Joseph N. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 4) (Docket No. N-20950-00) In the Matter of Deborah E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 5) (Docket No. N-20951-00)

SCHEDULING ORDER

Appeal by Brenda E. from an order of the Family Court, Kings County, dated October 9, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 4, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until October 15, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16395

R/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2004-07191 In the Matter of Craig Joosten, Sr., appellant, v Carol Joosten, respondent. (Docket Nos. V-1721/94, V-1722/94)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated June 15, 2004, as a poor person, for the assignment of counsel, and for a preference in the calendaring of the appeal.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order appealed from is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112); and it is further,

ORDERED that the motion is denied as academic.

ALTMAN, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16354

M/nal

2003-07932, 2003-09520 In the Matter of Walter K. (Anonymous). Administration for Children's Services, respondent; Francine S. (Anonymous), appellant. (Docket No. N-2440-02)

SCHEDULING ORDER

Appeals by Francine S. from two orders of the Family Court, Richmond County, dated August 27, 2003, and October 17, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on July 16, 2004, and the respondent's brief was served and filed on September 23, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeals is enlarged until October 12, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16348

M/nal

2004-07981 In the Matter of Saida Pierre L. (Anonymous). Administration for Children's Services, respondent; Patrick E. (Anonymous), appellant. In the Matter of Rashida Sybille E. (Anonymous). Administration for Children's Services, respondent; Patrick E. (Anonymous), appellant. In the Matter of Isaiah Patrick E. (Anonymous). Administration for Children's Services, respondent; Patrick E. (Anonymous), appellant. In the Matter of Elijah Earnest E. (Anonymous). Administration for Children's Services, respondent; Patrick E. (Anonymous), appellant. (Docket Nos. N-12139-97, N-12140-97 N-12141-97, N-12142-97)

SCHEDULING ORDER

Appeal by Patrick E. from an order of the Family Court, Kings County, dated July 16, 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

M16378

M/nal

2004-03272 In the Matter of Jeanette L. Lucena, et al., respondents, v William Lopez, appellant. (Docket No. V-11,014-03)

SCHEDULING ORDER

Appeal by William Lopez from an order of the Family Court, Westchester County, dated March 8, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until October 15, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16377

M/nal

2002-06499 In the Matter of Thomas McCormick, appellant, v Diane Franklin, respondent. (Docket No. V-180-02)

SCHEDULING ORDER

Appeal by Thomas McCormick from an order of the Family Court, Westchester County, dated July 2, 2002. The appellant's brief was filed in the office of the Clerk of this court on August 23, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until October 13, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16381

M/nal

2004-04633 In the Matter of Tammy Moloney, respondent, v James Moloney, appellant. (Docket Nos. V-13500-03, V-13501-03, V-13502-03, V-13503-03)

SCHEDULING ORDER

Appeal by James Moloney from an order of the Family Court, Nassau 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 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

M16350

M/nal

2004-06632 In the Matter of Ronald Munster, respondent, v Jacqueline Munster, appellant. (Docket No. V-18658-03)

SCHEDULING ORDER

Appeal by Jacqueline Munster from an order of the Family Court, Suffolk County, dated June 28, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 24, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until October 29, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16311

C/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-05044 In the Matter of Camille N. Rochester, respondent, v Fred B. Rochester, appellant. (Docket No. O-5226-04)

DECISION & ORDER ON MOTION

Appeal by Fred B. Rochester from an order of the Family Court, Suffolk County, dated May 5, 2004. By order to show cause dated August 20, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated June 22, 2004, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the motion is denied.

ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16315

C/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-05044 In the Matter of Camille N. Rochester, respondent, v Fred B. Rochester, appellant. (Docket No. O-5226-04)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated May 5, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Patricia Rouse, Esq.

P.O. Box 175

Wading River, New York, 11792

(631) 929-4474

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); 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

ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16349

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2003-11218 In the Matter of Aaron S. (Anonymous). Orange County Department of Social Services, respondent; Hector V. (Anonymous), appellant. (Docket No. B-7051/02)

SCHEDULING ORDER

Appeal by Hector V. from an order of the Family Court, Orange County, dated October 7, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 11, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until October 31, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16412

O/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-03227 In the Matter of Amaury Villalobos, appellant, v Edwin Felician, etc., et al., respondents. (Index No. 2751/03)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to reargue a motion for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated November 5, 2003, as a poor person, which was determined by decision and order on motion of this court dated June 17, 2004, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is for reargument is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal is enlarged until November 8, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court