Appellate Division: Second Judicial Department

M16481

R/nal

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2003-10731 Allcity Insurance Company, appellant, v Ann Marie Borrello, et al., respondents. (Index No. 33411/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 16, 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 appeal is enlarged until October 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; and it is further,

ORDERED that no further enlargements of time shall be granted.

RITTER, J.P., H. MILLER, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16471

E/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-06899 Whitney Blam, respondent, v Inger Netcher, appellant. (Index No. 16617/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered July 9, 2004, to stay the inquest on damages 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 granted and the inquest on damages in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 29, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 29, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RITTER, J.P., H. MILLER, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16496

CF/

2004-03566 Shawn Bucholtz, respondent, v J & H Realty Associates, LLC, appellant. (Index No. 1826/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 11, 2004.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16461

PL/sl

2004-02998 Claire Chadderton, etc., et al., appellants, v James M. Galia, et al., respondents. (Index No. 10020/02)

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, Nassau County, dated March 8, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 23, 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

M16424

CF/

2004-05350 Ralph Coppola, respondent, v Great Atlantic & Pacific Tea Company, Inc., et al., appellants. (Index No. 19929/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Westchester County, dated May 20, 2004.

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

ORDERED that the applications are granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16495

CF/

2004-04619 Patricia Dresch, respondent, v James F. Dresch, appellant. (Index No. 14185/97)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 20, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16408

CF/

2004-02045 Estate of Joseph Seviroli, deceased. Maria Seviroli, etc., et al., appellants; Frances Kaszuba, et al., respondents. (File No. 322635)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Nassau County, dated January 29, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16482

E/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-02255 Catherine Gibbons, et al., appellants, v Jackson Heights Hospital, et al., respondents (Index No. 3409/97)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered January 22, 2004.

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

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

ORDERED that the appellants' time to perfect the appeal is enlarged until November 4, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

RITTER, J.P., H. MILLER, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16425

CF/

2004-04175 Helen Horn, appellant, v Jian Zhong Ni, respondent. (Index No. 26357/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 15, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16421

E/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-07750 Indymac Bank, F.S.B., respondent, v Yitzchok Wagschal, etc., et al., appellants, et al., defendants. (Index No. 2697/03)

DECISION & ORDER ON MOTION

Motion by the appellant Yitzchok Wagschal, inter alia, to stay enforcement of a judgment of the Supreme Court, Orange County, entered August 6, 2004, pending hearing and determination of an appeal from a judgment of the same court entered September 3, 2003, in an action entitled Neuhauser v Polanco, pending under Appellant Division Docket No. 2003-08945.

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 enforcement of the judgment entered August 6, 2004, is stayed pending hearing and determination of the appeal in Neuhauser v Polanco, pending under Appellant Division Docket No. 2003-08945, and the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion, the appeal by Lilly Neuhauser from the judgment entered August 6, 2004, is dismissed, without costs or disbursements, on the ground that no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16487

E/sl

DAVID S. RITTER, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-00809 Maureen Kolmel-Hayes, et al., respondents, v South Shore Cruise Lines, Inc., et al., appellants. (Index No. 12291/02)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Nassau County, dated December 19, 2003, inter alia, to strike stated portions of the joint record on appeal and the brief of the appellants Mike's Party Boats, Corp. and Captain Mike's, Inc., on the ground that they contain or refer to matters dehors the record, and to enlarge the time to serve and file a brief.

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 strike stated portions of the joint record on appeal and the brief of the appellants Mike's Party Boats, Corp. and Captain Mike's, Inc., is granted to the extent that page 18.1 is stricken from the joint record on appeal and the third paragraph on page 2 beginning with the words "The verified complaint" and continuing into page 3 ending with the words "This is in direct contradiction to" is stricken from the brief of the appellants Mike's Party Boats, Corp. and Captain Mike's, Inc., and that branch of the motion is otherwise denied; and it is further,

ORDERED that on or before October 14, 2004, the appellants Mike's Party Boats, Corp. and Captain Mike's, Inc., shall remove or delete the above material from all copies of the joint record on appeal and their brief on file in the office of the Clerk of this court or serve and file a replacement joint record on appeal and replacement brief that does not contain the above material; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file the respondents' brief is granted, the respondents' time to serve and file a brief is enlarged until November 15, 2004, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16494

CF/

2004-04979 Samuel Lorin, appellant, v 32 AA Asssociates, LLC, et al., respondents (and a third-party action). (Index No. 30772/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 15, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16484

E/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-00698 Frances Mauro, respondent, v Albert Mauro, appellant. (Index No. 21044/91)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered December 18, 2003, inter alia, to stay the respondent from selling, conveying, transferring and/or encumbering the subject property 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.

RITTER, J.P., H. MILLER, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16427

CF/

2004-04354 Joann Mongelli, plaintiff-appellant, v Janine Moreno, et al., defendants-appellants, BJ's Wholesale Club, et al., defendants- respondents. (Index No. 9855/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the plaintiff-appellant Joann Mongelli to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 12, 2004.

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

ORDERED that the application is granted and the appeal by Joann Mongelli is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16428

L/

2004-02303 Amanda Morrison, plaintiff-respondent- appellant, v Gregory M. Saragossi, et al., respondents, Look Entertainment Ltd. T/A Show Time Café, defendant-respondent- appellant, et al., defendant. (Action No. 1) (Index No. 12434/99) Michael Parlato, plaintiff, v Gregory M. Saragossi, et al., respondents, Look Entertainment Ltd., d/b/a Show Time Café, respondent-appellant. (Action No. 2) (Index No. 24026/99) Marc Medina, plaintiff, v Gregory Saragossi, et al., defendants. (Action No. 3) (Index No. 16083/99) Christopher Drellos, et al., plaintiffs-appellants-respondents, v Gregory M. Saragossi, et al., respondents, Look Entertainment Ltd., T/A Show Time Café, respondent-appellant, et al., defendant. (Action No. 4) (Index No. 31800/99) Amanda Morrison, respondent-appellant, v Michael Killoran, et al., appellants- respondents. (Action No. 5) Index No. 16169/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant Amanda Morrison to withdraw her cross appeal from an order of the Supreme Court, Nassau County, dated February 9, 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 cross appeal by Amanda Morrison is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16423

CF/

2003-09726 People of the State of New York, etc., respondent, v Hiram Quezada, appellant.

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the County Court, Suffolk County, dated September 3, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16464

R/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-01176, 2004-03838 Barbara Purpura, respondent, v Nicholas E. Purpura, appellant. (Index No. 5769/85

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from (1) an order of the Supreme Court, Richmond County, dated January 5, 2004, and (2) a judgment of the same court dated April 15, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on the appeals.

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

ORDERED that the motion is granted.

RITTER, J.P., H. MILLER, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16491

E/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

(Index No. 17238/02)

2003-08651 DECISION & ORDER ON MOTION Mohammed Owolabi Salis, appellant, v Ghana Airways, respondent.

Motion by the appellant, in effect, for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated September 4, 2003, which was determined by decision and order of this court dated July 19, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and cross motion by the respondent, in effect, for leave to reargue the appeal.

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 motion and cross motion are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16458

C/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-06991 Sik Bun Yuen, et al., respondents, v Mindy Huang, appellant. (Index No. 7469/02)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of an order of the Supreme Court, Kings County, dated April 16, 2004, pending the hearing and determination of an appeal from an order of the same court June 4, 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 enforcement of the order dated April 16, 2004, is stayed pending hearing and determination of the appeal from the order dated June 4, 2004, on condition that the appeal is perfected on or before October 29, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 29, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RITTER, J.P., H. MILLER, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16486

E/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-03999 Richard T. Sinrod, appellant, v Judith Ellen Stone, etc., respondent. (Index No. 14854/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated March 30, 2004, 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 the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., H. MILLER, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16426

CF/

2004-05097 Cilia Tenorio, et al., plaintiffs-respondents, v Bobby Management Corporation, et al., defendants, Commercial Carriers, Inc., et al., defendants-appellants, Kimberly Kenney, defendant-respondent-appellant. (Index No. 12745/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants Commercial Carriers, Inc., and Kenneth J. Fitzgerald to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 7, 2004.

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

ORDERED that the application is granted and the appeal by Commercial Carriers, Inc., and Kenneth J. Fitzgerald is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16483

S/nal

2004-01565 Gladys Vidal, respondent, v Manuel Vidal, appellant. (Index No. 7852/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from an order of the Supreme Court, Westchester County, dated January 20, 2004.

ORDERED that the application is granted and the reply brief shall be filed on or before October 4, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16466

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-08986 Lynne Warner, et al., appellants-respondents, v Razzmatazz Razz Enterprises, Ltd., d/b/a Razzmatazz Hair Salon, et al., respondents- appellants, Zotos International, Inc., respondent. (Index No. 6016/99)

DECISION & ORDER ON APPLICATION Withdraw Appeal and Cross Appeal on Stipulation

Application to withdraw an appeal and cross appeal from a judgment of the Supreme Court, Rockland County, dated August 23, 2002.

Upon the stipulation of the attorneys for the respective parties, dated September 21, 2004, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16460

R/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-07731 Whaling Willie's Roadhouse Grill, Inc., appellant, v Sea Gulls Partners, Inc., et al., respondents. (Index No. 17721/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated August 13, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted and enforcement of the order dated August 13, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 29, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 29, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

RITTER, J.P., H. MILLER, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16463

C/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-08130 Yew Prospect, LLC, et al., appellants, v Marcos Szulman, et al., respondents. (Index No. 8311/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of so much of an order of the Supreme Court, Nassau County, entered August 12, 2004, as directed them to produce certain tax returns, pending the 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., H. MILLER, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16066

M/nal

2004-07986 In the Matter of Victoria LaChristian B. (Anonymous), a/k/a Victoria B. (Anonymous). St. Christopher Ottilie, respondent; Connie Renee M. (Anonymous), appellant. (Docket No. B-24133-02)

SCHEDULING ORDER

Appeal by Connie Renee M. from an order of the Family Court, Kings County, dated March 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 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

M16479

S/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-05640 In the Matter of Isiah C. (Anonymous). Suffolk County Department of Social Services, respondent; Michael L. (Anonymous), appellant. (Docket No. N-17702-03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 22, 2004, in the above-entitled matter is amended by deleting from the first decretal paragraph thereof the date "August 11, 2004", and substituting therefor the date "August 5, 2004".

RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16107

M/nal

2004-07980 In the Matter of Claudette D. (Anonymous) et al., petitioners-respondents, v Administration for Children's Services, respondent-respondent, et al., respondent, Patrick E. (Anonymous), appellant. (Docket Nos. V-10825-03, V-10826-03, V-10827-03, V-10828-03)

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 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

M16437

M/nal

2004-05895 In the Matter of Karyn Katrina D. (Anonymous). Association to Benefit Children/ Variety House for Children, respondent; Kelty D. (Anonymous), a/k/a Cassie D. (Anonymous), appellant. (Docket No. B-22333/02)

SCHEDULING ORDER

Appeal by Kelty D., a/k/a Cassie D. from an order of the Family Court, Kings County, dated June 14, 2004. By decision and order of this court dated September 22, 2004, the following attorney was assigned as counsel on the appeal:

Matthew M. Lupoli, Esq.

167-16 Northern Blvd.

P.O. Box 580283

Flushing, New York 11358

(718) 539-0622

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16446

R/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-06550 In the Matter of Deerbrook Insurance Co., appellant, v Jamel McGregor, respondent, et al., proposed additional respondents. (Index No. 29340/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay arbitration of a claim for uninsured motorist benefits pending hearing and determination of an appeal from a order of the Supreme Court, Kings County, dated July 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16469

S/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

PETER B. SKELOS, JJ.

2004-05240 In the Matter of Terry Fretto, petitioner, v Patricia McCauley Pulaski, respondent. (Docket No. V-11999/03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 13, 2004, in the above-entitled matter is amended by deleting from the second decretal paragraph thereof the words "Family Ct Act § 1110", and substituting therefor the words "Family Ct Act § 1112"

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16436

M/nal

2004-05793 In the Matter of George Gittens, appellant, v Michele Chinon, respondent. (Docket No. V-10179/00)

SCHEDULING ORDER

Appeal by George Gittens from an order of the Family Court, Kings County, dated June 22, 2004. By decision and order of this court dated September 22, 2004, the following attorney was assigned as counsel on the appeal:

Mona G. Freeman, Esq.

34-05 44th Street - Suite 6G

Long Island City, New York 11101

(718) 937-1656

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated September 22, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16493

R/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

STEPHEN G. CRANE, JJ.

2004-08358 In the Matter of Zandra I. (Anonymous), appellant; Rosanne Gaylor, etc., respondent. (Index No. 3117/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order and judgment (one paper) of the Supreme Court, Richmond County, dated September 15, 2004, pending hearing and determination of an appeal therefrom, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal on the original papers.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branch of the motion which is for a stay is granted and enforcement of the order and judgment, dated September 15, 2004, is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the branch of the motion which is for a preference is granted, the appeal is placed on the calendar for October 28, 2004, and the appeal shall be argued or submitted on that day; and it is further,

ORDERED that the appellant shall 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 her brief on the appeal on or before October 12, 2004; and it is further,

ORDERED that the respondent's brief shall be served and filed on or before October 19, 2004, and the reply brief must be served and filed on or before October 25, 2004; and it is further,

ORDERED that all briefs must be served either by personal service or by overnight mail.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16443

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-05371, 2004-05376 In the Matter of Porscha Monique J. (Anonymous). Administration for Children's Services, et al., respondents; Jerome W. (Anonymous), appellant. (Docket No. B-20833-02)

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

Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Kings County, dated April 20, 2004, and May 10, 2004, respectively, as a poor person, and for the assignment of counsel.

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 appeals 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 appeals, 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 appeals:

Richard Cardinale, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals 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 appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16431

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-05639 In the Matter of Terrell L. (Anonymous). Suffolk County Department of Social Services, respondent; Michael L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Michelle L. (Anonymous). Suffolk County Department of Social Services, respondent; Michael L. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-17703-03, N-17704-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated June 16, 2004, as a poor person, and for the assignment of counsel.

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 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:

Stanley E. Gelzin, Esq.

83 Pleasant Street

Huntington, New York 11743

(631) 271-0598

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16489

E/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-06080 In the Matter of Giavonna Mc. (Anonymous). Administration for Children's Services, appellant; Caroline R. (Anonymous), respondent. (Docket No. N-2444/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated July 15, 2004, in effect, to amend so much of a decision and order on motion of this court dated August 3, 2004, as, inter alia, remanded the subject child to the custody of the Commissioner of the Administration for Children's Services upon condition that the Commissioner of the Administration for Children's Services perfect its appeal on or before September 7, 2004.

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

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

ORDERED that the decision and order on motion of this court dated August 3, 2004, is amended by deleting from the decretal paragraphs thereof the date "September 7, 2004," and substituting therefor the date "November 29, 2004."

RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16434

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-06901, 2004-06903 In the Matter of Jesus M. (Anonymous). Administration for Children's Services, respondent; Priscilla I. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Iris V. M. (Anonymous). Administration for Children's Services, respondent; Priscilla I. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Katelyn D. (Anonymous). Administration for Children's Services, respondent; Priscilla I. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-429-03, N-430-03)

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

Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Queens County, dated December 8, 2003, and June 16, 2004, respectively, as a poor person, and for the assignment of counsel.

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 appeals 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 appeals, 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 appeals:

Larry S. Bachner, Esq.

90-50 Parsons Blvd. - Suite 401

Jamaica, New York 11432

(917) 378-0176

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals 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 appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16076

M/nal

2004-08056, 2004-08154 In the Matter of Patrice Mc. (Anonymous), appellant. (Docket No. D-00013-04)

SCHEDULING ORDER

Appeals by Patrice Mc. from two orders of the Family Court, Nassau County, dated June 16, 2004, and August 17, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16386

M/nal

2004-02545 In the Matter of Brenda Newsome, respondent, v Anthony Hodge, appellant. (Docket No. P-2770/96)

SCHEDULING ORDER

Appeal by Anthony Hodge from an order of the Family Court, Queens County, dated March 1, 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 November 19, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16502

O/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-08093 In the Matter of Harry Nieberg, respondent, v Nieberg Midwood Chapel, Inc., et al., appellants. (Index No. 25241/04)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated September 8, 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., H. MILLER, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16441

M/nal

2004-06631 In the Matter of Corinne Nogueras, respondent, v Charles Nogueras, appellant. (Docket No. F-3302-04)

ORDER TO SHOW CAUSE

Appeal by Charles Nogueras from an order of the Family Court, Suffolk County, dated June 29, 2004. By scheduling order dated August 19, 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 August 19, 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

M15520

M/nal

2004-02136 In the Matter of Racher P. (Anonymous), respondent, v Peter George A. (Anonymous), appellant. (Docket No. P-1128/03)

ORDER TO SHOW CAUSE

Appeal by Peter George A. from an order of the Family Court, Kings County, dated February 6, 2004. By scheduling order dated July 8, 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 8, 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

M16154

M/nal

2004-04416 In the Matter of Daniel B. Powell, appellant, v Allison J. Blumenthal, respondent. (Docket Nos. V-03571-01, V-03572-01)

SCHEDULING ORDER

Appeal by Daniel B. Powell from an order of the Family Court, Nassau County, dated April 16, 2004. By decision and order of this court dated September 15, 2004, the following attorney was assigned as counsel on the appeal:

John M. Zenir, Esq.

114 Old Country Road - Suite 216

Mineola, New York 11501

(516) 746-0180

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16439

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-06022, 2004-06023 In the Matter of Ashey Lorraine R. (Anonymous). St. Christopher Ottilie, respondent; Ida C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Bryant C. (Anonymous). St. Christopher Ottilie, respondent; Ida C. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-18552-02, B-18553-02)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Kings County, both dated June 4, 2002, and for leave to the appellant to prosecute the appeals as a poor person.

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 the counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

ORDERED that the appeals 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 appeals, 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 appeals:

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11201

(718) 624-9391

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals 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 appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16438

M/nal

2004-05934 In the Matter of Jasmine R. (Anonymous). Suffolk County Department of Social Services, respondent; Luis R. (Anonymous), appellant. In the Matter of David R. (Anonymous). Suffolk County Department of Social Services, respondent; Luis R. (Anonymous), appellant. In the Matter of Joshua R. (Anonymous). Suffolk County Department of Social Services, respondent; Luis R. (Anonymous), appellant. In the Matter of Krystina R. (Anonymous). Suffolk County Department of Social Services, respondent; Luis R. (Anonymous), appellant. (Docket Nos. N-17200-03; N-17214-03; N-17215-03, N-17216-03)

ORDER TO SHOW CAUSE

Appeal by Luis R. from an order of the Family Court, Suffolk County, dated June 9, 2004. By scheduling order dated August 2, 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 proceedings for failure to comply with the scheduling order dated August 2, 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

M16440

M/nal

2004-06628 In the Matter of Winifred Richards, appellant, v Patrick Campbell, respondent. (Docket Nos. V-3631-00, V-3632-00, V-3633-00)

ORDER TO SHOW CAUSE

Appeal by Winifred Richards from an order of the Family Court, Suffolk County, dated June 18, 2004. By scheduling order dated August 20, 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 20, 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

M16447

R/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-04648, 2004-04649 In the Matter of Charles Robert, appellant, v Thomas Litsky, etc., respondent. (Index No. 10252/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a decision of the Supreme Court, Nassau County, entered April 21, 2004 and a judgment of the same court entered May 11, 2004, in effect, to substitute "Charles Robert" for "Navarro Counsel" as the appellant on the appeal, and to amend the caption to reflect the substitution and to amend the court's records to reflect that the appellant is appearing pro se.

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 from the decision is dismissed as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is, in effect, to substitute "Charles Robert" for "Navarro Counsel" as the appellant on the appeal and to amend the caption is granted, and the caption has been amended accordingly; and it is further,

ORDERED that the branch of the motion which is to amend the court's records to reflect that the appellant is appearing pro se is 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

M16492

S/nal

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2002-00966 In the Matter of Orlando Rodriguez, respondent, v Elia Irizarry, appellant. (Queens County Docket No. V-2263-01) (Kings County Docket Nos. V-12542-96, V-12543-96)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 24, 2004, in the above-entitled matter is amended by deleting from the caption thereof "(Docket No. V-2263-01)", and substituting therefor "(Queens County Docket No. V-2263-01) (Kings County Docket Nos. V-12542-96, V-12543-96)".

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16285

F/

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-04632 In the Matter of Michael D.D.S. (Anonymous). Kevin W. (Anonymous), appellant. (Docket No. 43754)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Surrogate's Court, Nassau County, dated April 26, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED that 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]; Surrogate's Court Procedure Act § 407); 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 Surrogate's Court, and the clerk of the Surrogate's 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 Surrogate's 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:

Judith Ellen Stone, Esq.

2819 Harbor Road

Merrick, New York 11566

(516) 623-0897

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16406

CF/

2004-03975 In the Matter of Joseph Seviroli, deceased. Frances Kaszuba, respondent; Maria Serviroli, etc., et al., appellants. (File No. 322635)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Surrogate's Court, Nassau County, dated April 7, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16060

M/nal

2004-07956, 2004-07957 In the Matter of Carliph T. (Anonymous), appellant. (Docket No. D-02953/04)

SCHEDULING ORDER

Appeals by Carliph T. from two orders of the Family Court, Richmond County, dated July 14, 2004, and August 13, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16478

F/

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-04265 The People, etc., respondent, v Dean Clymer, appellant. (Ind. No. 03-00140)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered April 2, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED 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 appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

 ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes 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 upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

John R. Lewis, Esq.

36 Hemlock Drive

Sleepy Hollow, New York 10591

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 (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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.

RITTER, J.P., H. MILLER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M16445

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-00020 The People, etc., respondent, v Brendan Cochrane, appellant. (Ind. No. 13808/95)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated November 26, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and (2) the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16459

F/

SONDRA MILLER, J.

2004-06844 The People, etc., plaintiff, v Horace Ellis, appellant. (Ind. No. 84-00371)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, entered June 30, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

SONDRA MILLER

Associate Justice

Appellate Division: Second Judicial Department

M16457

F/

GLORIA GOLDSTEIN, J.

2004-07457 The People, etc., plaintiff, v Ayinde Fair, appellant. (Ind. No. 3485/98)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated August 4, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

GLORIA GOLDSTEIN

Associate Justice

Appellate Division: Second Judicial Department

M16474

F/

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-06309 The People, etc., respondent, v Vincent Gomez, appellant. (Ind. No. 89-00707)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the County Court, Westchester County, dated June 18, 2004, on the grounds that the order is not appealable as of right or by permission.

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

ORDERED that the motion is granted and the appeal is dismissed (see CPL 450.10, 450.15).

RITTER, J.P., H. MILLER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16476

F/

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-07415 The People, etc., respondent, v Alvo Graham, appellant. (Ind. No. 99-01139)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered September 26, 2000.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., H. MILLER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16468

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2004-07300 The People, etc., plaintiff, v Jefferson Green, defendant. (Ind. No. 3458/02)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered April 1, 2003.

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

ORDERED that the motion is denied (see CPL 460.30).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16475

F/

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

1999-10856 The People, etc., respondent, v Jahmeel Ibraheem, appellant. (Ind. No. 10859/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered November 3, 1999.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., H. MILLER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16485

F/

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2001-10506 The People, etc., respondent, v David Maxwell, appellant. (Ind. No. 00-01481)

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, Westchester County, rendered October 24, 2001, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 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.

 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.

RITTER, J.P., H. MILLER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

01 A 5912

Attica Corr. Fac.

Box 149

Attica, New York 14011

Appellate Division: Second Judicial Department

M16470

R/nal

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2000-03015 The People, etc., respondent, v John Morgano, appellant. (Ind. No. 00495/99)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

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, Westchester County, rendered March 14, 2000, and application by the respondent to enlarge the time to serve and file its brief and for leave to serve and file one brief in response to the appellant's main brief and pro se supplemental brief.

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

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

ORDERED that the appellant shall file nine copies of the pro se supplemental brief and serve one copy on the District Attorney on or before November 1, 2004; and it is further,

ORDERED that the application is granted, and the respondent's time to serve and file a single brief in response to the appellant's main brief and pro se supplemental brief is enlarged until January 2, 2005, and the respondent's brief must be served and filed on or before that date.

RITTER, J.P., H. MILLER, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16480

F/

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-03258 The People, etc., respondent, DECISION & ORDER v Arrieus Palmer, appellant. (Ind. No. 891/03)

ON MOTION Motion Pro se to Relieve Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered March 25, 2004, and for assignment of new counsel.

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., H. MILLER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16467

F/

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2003-04949 The People, etc., respondent, v Oscar Rios, appellant. (Ind. No. 385/02)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 22, 2003.

Upon the papers filed in support of the motion and the papers filed in relation 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

Appellant's address:

03 A 3107

Clinton Corr. Fac.

Box 2002

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M16477

F/

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2001-02087 The People, etc., respondent, v Estuardo Sabino, appellant. (Ind. No. 00-01134)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered January 16, 2001.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., H. MILLER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16472

F/

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2001-02775 The People, etc., respondent, v Miguel Claudio Sosa, appellant. (Ind. No. 99-01626)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered January 18, 2001.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., H. MILLER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16473

F/

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2001-01068 The People, etc., respondent, v Russell Spratley, appellant. (Ind. No. 00-00201)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered January 19, 2001.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RITTER, J.P., H. MILLER, COZIER, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16462

K/sl

GLORIA GOLDSTEIN, J.

2004-07982 The People, etc., plaintiff, v Francis A. Zarro, Jr., defendant. (Ind. No. 23-03)

DECISION & ORDER ON MOTION

Motion by the defendant pursuant to CPL 530.45 to be released on his own recognizance, or in the alternative, to fix bail after his conviction in the County Court, Dutchess County, on July 8, 2004, of scheme to defraud in the first degree, grand larceny in the first degree, grand larceny in the second degree (five counts), grand larceny in the third degree (two counts), and criminal possession of stolen property in the second degree (four counts). The trial court remanded the defendant pending the imposition of sentence.

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

ORDERED that the motion is denied.

GLORIA GOLDSTEIN

Associate Justice