Appellate Division: Second Judicial Department

M30549

T/sl

2005-03022 Robert Auciello, et al., respondents-appellants, v Rita S. Eustaqiuo, defendant, Ahamed Khabir, appellant-respondent. (Index No. 22527/02)

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, Queens County, dated February 2, 2005, and cross application by the respondents-appellants for the same relief.

ORDERED that the application and cross application are granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until November 23, 2005, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) 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 shall serve and file their answering brief, including their points of argument on the cross appeal, on or before December 23, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30559

T/sl

2005-02720 Piotr Bachurski, et al., appellants, v Polish & Slavic Federal Credit Union, et al., respondents. (Index No. 10863/03)

ORDER ON APPLICATION

Application by the appellants 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, Queens County, dated February 7, 2005.

ORDERED that the application is granted and the reply brief shall be filed on or before September 30, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30562

F/

2005-03696 Baker Street Construction, LLC, respondent, v Old Stone Hill Road Associates, et al., appellants. (Index No. 20038/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated March 8, 2005.

Upon the stipulation of the parties, dated August 30, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30506

C/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2005-8906, 2005-08962 Florence Baumoel, plaintiff-respondent, v Joseph Baumoel, appellant; Linda A. Nunziato, nonparty-respondent. (Index No. 1499/96)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, dated July 5, 2005 (Appellate Division Docket No. 2005-08906), and September 21, 2005 (Appellate Division Docket No. 2005-08962), respectively, to stay the enforcement of the order dated September 21, 2005, pending hearing and determination of an appeal therefrom. Cross motion by the nonparty-respondent to dismiss the appeal from the order dated July 5, 2005, on the ground, inter alia, that the appellant is not aggrieved thereby.

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

ORDERED that the motion is granted and enforcement of the order dated September 21, 2005, is stayed pending hearing and determination of the appeal from that order on condition that the appeal, and the appeal from the order dated July 5, 2005, are perfected on or before October 14, 2005; and it is further,

ORDERED that on the court's own motion, the respondents' briefs shall be served and filed on or before November 4, 2005, and the reply brief, if any, shall be served and filed on or before November 14, 2005; and it is further,

ORDERED that in the event the appeals are not perfected on or before October 14, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the cross motion is denied.

FLORIO, J.P., CRANE, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30560

O/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-08703 Rocco Berardi, et al., appellants, v Gennaro A. Palomba, et al., respondents. (Index No. 10456/03)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Richmond County, dated August 31, 2004, on the ground that the order was superseded by a subsequent order.

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., ADAMS, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30525

CF/

2005-01474 Greg Beyl, et al., appellants, v Marion Franchini, et al., respondents. (Index No. 2981/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 1, 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

M30502

F/

2005-03256 Brooklyn Union Gas Company, appellant, v Dormitory Authority State of New York, respondent. (Index No. 9737/02)

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 February 18, 2005.

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

M30508

F/

2005-03977 Lizabeth L. Burrell, appellant, v Jennifer J. Burrell, respondent. (Index No. 18954/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 3, 2005.

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

M30510

F/

2005-06575 Phillip Capodiferro, appellant, v Gideon Kay, respondent. (Index No. 33308/02)

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 April 26, 2005.

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

M30527

T/sl

2005-02835 Raul Carvajal, appellant, v City of New York, respondent, et al., defendants. (Index No. 21418/97)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 31, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 21, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30550

CF/

2005-04512 William Cedeno, appellant, v Group Health Incorporated, et al., respondents (and a third-party action). (Index No. 23948/02)

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 22, 2005.

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

M30551

CF/

2005-02544 Coax-Tronics, Inc., appellant, v Global Technologies, Inc., et al., respondents. (Index No. 17936/03)

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 February 2, 2005.

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

M30556

CF/

2005-05040 Betty Cohen, appellant, v Bay Bridge Service Center, Inc., et al., respondents. (Index No. 27696/02)

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 April 29, 2005.

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

M30483

F/

2005-06429 Paul Coughlan, appellant, v J. B. Fleischhalker, respondent. (Index No. 2995/03)

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 May 13, 2005.

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

M30570

O/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-04859 Andrew DeSimone, plaintiff-respondent, v Jewish Community Center of the Upper West Side, Inc., defendant-appellant, AMEC, a/k/a Morse Diesel International, Inc., defendant third-party plaintiff-appellant; Cox Mechanical Contracting, Inc., et al., third-party defendants- respondents. (Index No. 31584/01)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated May 4, 2005, to include certain documents.

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., ADAMS, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30526

M/nal

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2005-01082 Steven DiGiorgi, appellant, v Carolyn DiGiorgi, respondent. (Index No. 23320-01)

SCHEDULING ORDER

Appeal by Steven DiGiorgi from an order of the Supreme Court, Suffolk County, dated December 22, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 1, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until October 21, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

FLORIO, J.P., CRANE, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30439

M/nal

2005-08861 Steven DiGiorgi, respondent, v Carolyn DiGiorgi, appellant. (Index No. 23320-01)

SCHEDULING ORDER

Appeal by Carolyn DiGiorgi from an order of the Supreme Court, Suffolk County, dated July 26, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M30558

CF/

2005-04218 Cahlen Dixon, et al., respondents, v Long Island Jewish Medical Center, appellant. (Index No. 23408/00)

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 April 1, 2005.

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

M30533

T/sl

2005-02963 Linda Donahoe, appellant, v M & D Furtsch, LLC, et al., respondents. (Index No. 04192-03)

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, Westchester County, entered February 18, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 18, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30542

T/sl

2005-03427, 2005-03428 Christine Edier, et al., respondents, v Stephen Malfitano, et al., appellants. (Index No. 2831/04)

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, Westchester County, entered February 28, 2005, and a judgment of the same court entered March 14, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until December 5, 2005, 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

M30487

F/

2005-03085 Fulvio Espinal, respondent, v Home Depot U.S.A., Inc., appellant. (Index No. 7882/03)

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 January 18, 2005.

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

M30492

F/

2005-04434 Kevin Ferrara, appellant, v Tracy Ferrara, respondent. (Index No. 18259/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, entered March 21, 2005.

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

M30509

F/

2005-04634 Sima Friedman, respondent, v Seidler Family Limited Partnership, etc., appellant. (Index No. 29346/04)

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 12, 2005.

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

M30567

F/

2005-01472 GHP Westmoreland, LLC, appellant, v Growth Products, Ltd., respondent. (Index No. 3121/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 23, 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

M30443

M/nal

2005-03207 Jeffrey Garceau, et al., respondents, v North Yonkers Preservation & Development Corp., et al., appellants. (Index No. 18427/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their respective appeals from an order of the Supreme Court, Westchester County, dated March 3, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until November 29, 2005, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30557

CF/

2005-04480 Genetech Building Systems, Inc., et al., respondents, v Louis Cantelmo, et al., appellants. (Index No. 11255/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Richmond County, dated April 12, 2005.

Upon the stipulation of the parties, dated July 1, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30530

O/sl

HOWARD MILLER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-00297 Gloveman Realty Corp., appellant, v John Jefferys, et al., respondents. (Index No. 35896/99)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to appeal to the Court of Appeals from a decision and order of this court, dated May 31, 2005, which determined an appeal from an order of the Supreme Court, Kings County, dated November 5, 2003.

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

ORDERED that the motion is denied.

H. MILLER, J.P., RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30536

CF/

2005-03302 Malkhaz Gvelesiani, et al., respondents, v Elo Group, LLC, appellant (and a third-party action). (Index No. 29001/02)

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 January 26, 2005.

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

M30507

F/

2005-06098 Halstead Plaza Condominium, appellant, v Town/Village of Harrison, et al., respondents. (Index No. 2740/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 22, 2005.

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

M30532

CF/

2005-08075 Julie Ann Hernandez, et al., respondents, v M.H.S. Realty Development Corp., defendant, Mark Scheiner, appellant. (Index No. 33834/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated July 13, 2005.

Upon the stipulation of the parties, dated September 21, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30490

F/

2005-05000 Leonore Hitzig, respondent, v David Hitzig, appellant. (Index No. 19572/96)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 25, 2005.

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

M30538

O/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-01220 Makiko Ishida, appellant, v Roman Markowicz, respondent. (Index No. 49455/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated October 21, 2002, which was determined by decision and order of this court dated May 9, 2005.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30496

F/

2005-03562 JPMorgan Chase Bank, respondent, v Eldix International, Inc., et al., defendants, Lourdes Luzunaris, et al., appellants. (Index No. 1602/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 17, 2005.

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

M30531

T/sl

2005-03369 Isaac Katz, respondent, v Tower Insurance Company of New York, et al., appellants. (Index No. 41783/02)

ORDER ON APPLICATION

Application by the appellant Silberstein Brokerage, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge its time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 18, 2005.

ORDERED that the application is granted and the time of the appellant Silberstein Brokerage, Inc., to perfect the appeal is enlarged until November 11, 2005, and the record or appendix on the appeal and the brief of the appellant Silberstein Brokerage, Inc., must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30491

F/

2005-03442 Bruce S. Klutchko, appellant, v Marcy R. Baron, respondent. (Index No. 3586/93)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 16, 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

M30499

F/

2005-05472 Luka Lazo, et al., respondents, v Board of Education City of New York, et al., appellants. (Index No. 28306/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 30, 2005.

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

M30546

CF/

2005-03957 Aaron Matthew Lebron, et al., respondents, v Clarkstown Central School District, appellant. (Index No. 7866/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated March 29, 2005.

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

M30516

F/

2005-05103 Theresa M. Mahoney, etc., respondent, v Pasquale Natale, appellant. (Index No. 9916/04)

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 March 31, 2005.

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

M30498

F/

2005-05019 Jason Massard, appellant, v Hizam A. Essa, et al., respondents. (Index No. 11870/04)

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 April 27, 2005.

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

M30493

F/

2005-05446 Fabio Munoz, plaintiff-respondent, v Rasik S. Sanghavi, defendant-respondent; Hamit Sengoz, appellant. (Index No. 14372/03)

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 February 28, 2005.

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

M30512

F/

2005-05949 Maureen Murphy, plaintiff, v ERA United Realty, defendant; Parsons & Whittemore, Inc., nonparty-appellant; Kaiser Saurborn & Mair, P.C., nonparty-respondent. (Index No. 26532/93)

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 May 16, 2005.

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

M30553

O/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2003-02371 New Bright Cleaners, Inc., respondent, v Star Associates, et al., appellants, et al., defendant. (Index No. 74910/02)

DECISION & ORDER ON MOTION

Motion by the appellants to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2003 Calendar", dated November 25, 2003, as dismissed an appeal from an order of the Supreme Court, Queens County, dated January 14, 2003, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is denied.

COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30564

F/

2005-03140 Francisco Oquendo, et al., appellants, v Hector J. Martell, respondent. (Index No. 4001/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order and judgment (one paper) of the Supreme Court, Orange County, dated September 29, 2004.

Upon the stipulation of the parties, dated August 30, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30563

F/

2005-05043 Brunet O. Petit, appellant, v Elizabeth A. Richards, et al., respondents. (Index No. 20572/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated April 5, 2005.

Upon the stipulation of the parties, dated August 13, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30548

CF/

2005-05550 Edmund Pietka, respondent, v RCPI Landmark Properties, LLC, appellant. (Index No. 8087/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, entered February 2, 2005.

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

M30513

F/

2005-05603 Esther Puleo, et al., respondents, v Barry Warren, et al., appellants (and a third-party action). (Index No. 14680/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 3, 2005.

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

M30547

T/sl

2005-03722 Juan F. Reategui, appellant, v New World Transportation Corp., et al., respondents. (Index No. 13115/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated April 11, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 12, 2006, 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

M30565

F/

2005-06788 Pierre Souffrant, et al., respondents, v Finance America, LLC, appellant. (Index No. 10645/05)

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 June 29, 2005.

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

M30571

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03862 Josephine Speciale, respondent, v Rajev Achari, etc., appellant, et al., defendant. (Index No. 10138/02)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 24, 2005.

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

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30552

CF/

2005-06176 Alex Thompson, respondent, v Morse Diesel International, Inc., et al., defendants; British Airways, nonparty-appellant. (Index No. 51677/02)

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 June 7, 2005.

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

M30486

F/

2005-03805 Deborah Trento, plaintiff-respondent, v Rodney Shapiro, et al., defendants-respondents, Paul Lipshitz, et al., appellants. (Index No. 17129/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 22, 2005.

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

M30568

O/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-04880 Joseph Vitarelli, appellant-respondent, v Excel Automotive Tech Center, Inc., respondent-appellant. (Index No. 11088/03)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent for a preference in the calendaring of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated April 14, 2005.

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

ORDERED that the motion is granted, the appeal and cross appeal shall be calendared when all briefs are filed with this court.

H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30494

F/

2005-06065 Debra Washington, et al., plaintiffs-respondents, v Ernestine Gamble, defendant third-party plaintiff-appellant; Fatima Sampaio, et al., third-party defendants-respondents. (Index No. 755/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 3, 2005.

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

M30555

A/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2005-08829 Neil Weinstein, appellant, v Tina Weinstein, respondent. (Index No. 201825/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered September 16, 2005.

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

ORDERED that the motion is denied.

FLORIO, J.P., CRANE, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30535

T/sl

2005-03006 William F. Wright, appellant, v Elmwood Park Condominium II, et al., respondents. (Index No. 12155/02)

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, Richmond County, dated January 14, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30539

CF/

2005-00504 Oscar Zapata, et al., respondents, v City of New York, appellant. (Index No. 50056/02)

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 December 17, 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

M30541

CF/

2005-06786 Oscar Zapata, et al., respondents, Urbitran Associates, Inc., et al., respondents-appellants, v City of New York, appellant-respondent. (Index No. 50056/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 31, 2005.

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

M30488

F/

2005-07068 In the Matter of Agir Electrical, Ltd., etc., appellant, v College Sports Online, Inc., et al., respondents. (Index No. 2758/05)

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 June 30, 2005.

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

M30529

CF/

2005-04265 In the Matter of Jamela B. (Anonymous). Westchester County Department of Social Services, appellant; Mamadu B. (Anonymous), et al., respondents. (Docket No. N-10348-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 5, 2005.

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

M30537

T/sl

2005-04540 In the Matter of Beverly H. C. (Anonymous). Hollis H. C. (Anonymous), petitioner-respondent; David Malane, cross-petitioner-appellant. (Index No. 5978/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, entered April 5, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 5, 2006, 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

M30569

O/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-02310 In the Matter of Jennifer Cornier, et al., petitioners, v City of New York, respondent. (Index No. 37314/04)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to this court from an order of the Supreme Court, Kings County, dated January 7, 2005.

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

ORDERED that the motion is denied.

H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30436

M/nal

2005-08798 In the Matter of James Patrick Cronin III, appellant, v Mary Beth Schroeder, f/k/a Mary Beth Cronin, respondent. (Docket Nos. V-4807-05, V-4808-05, V-4809-05)

SCHEDULING ORDER

Appeal by James Patrick Cronin III from an order of the Family Court, Westchester County, dated August 3, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M30534

M/nal

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2005-05211 In the Matter of Ralph DiPaola, respondent, v Marjory DiPaola, appellant. (Docket No. F-04732-02)

SCHEDULING ORDER

Appeal by Marjory DiPaola from an order of the Family Court, Suffolk County, dated April 28, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the 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 14, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

FLORIO, J.P., CRANE, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30524

M/nal

2005-04290 In the Matter of Jasmine E. (Anonymous), respondent; Presentment Agency, appellant. (Docket No. D-1665-05)

SCHEDULING ORDER

Appeal by the Presentment Agency from an order of the Family Court, Orange County, dated April 8, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the 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 10, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30515

M/nal

ANITA R. FLORIO , J.P.

STEPHEN G. CRANE

DAVID S. RITTER

ROBERT A. LIFSON , JJ.

2005-04129 In the Matter of Joan Marie Eisemann, appellant, v Richard Hurley, respondent. (Docket Nos. V-21356/04, V-21357/04, V-21358/04, V-21359/04)

DECISION & ORDER ON MOTION

Appeal by Joan Marie Eisemann from an order of the Family Court, Suffolk County, dated April 1, 2005. By decision and order on motion dated July 14, 2005, the appellant was given until August 31, 2005, to perfect the above-entitled appeal. The appeal has not been perfected.

On the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements.

FLORIO, J.P., CRANE, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30521

M/nal

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2004-04526 In the Matter of Robert L. Farina, respondent, v Jenny McKevitt, appellant. (Docket No. V-02147-01)

SCHEDULING ORDER

Appeal by Jenny McKevitt from an order of the Family Court, Nassau County, dated May 13, 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 10, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

FLORIO, J.P., CRANE, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30523

M/nal

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2005-02514 In the Matter of Richard Fenical, appellant, v Renee Fenical, respondent. (Docket No. F-6257/02)

SCHEDULING ORDER

Appeal by Richard Fenical from an order of the Family Court, Orange County, dated February 2, 2005. The appellant's brief was filed in the office of the Clerk of this court on August 9, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until October 17, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

FLORIO, J.P., CRANE, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30566

F/

2005-02959 In the Matter of Edward J. Ferraro, respondent- appellant, v Bruce Gordon, et al., respondents; Peter Klose, nonparty appellant-respondent. (Index No. 11804/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Westchester County, dated February 18, 2005.

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 cross appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30528

M/nal

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2005-02953 In the Matter of Jermaine G. (Anonymous), respondent; Presentment Agency, appellant. (Docket No. D-20007/04)

SCHEDULING ORDER

Appeal by the Presentment Agency from an order of the Family Court, Kings County, dated February 25, 2005. The appellant's brief was filed in the office of the Clerk of this court on August 9, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until October 14, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

FLORIO, J.P., CRANE, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30440

M/nal

2005-08769 In the Matter of Joshua G. (Anonymous), appellant. (Docket No. D-10423/05)

SCHEDULING ORDER

Appeal by Joshua G. from an order of the Family Court, Queens County, dated August 11, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M30395

M/nal

2004-10771, 2004-10772 In the Matter of Starcy Marie G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Joy-Ann G. (Anonymous), appellant, et al., respondent. (Docket Nos. B-16412-03, B-16418-03)

SCHEDULING ORDER

Appeals by Joy-Ann G. from two orders of the Family Court, Suffolk County, dated June 11, 2004, and December 1, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on September 19, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.

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

M30410

M/nal

2005-03551, 2005-03552 In the Matter of Ziva Giliya, appellant, v Steven Warren, respondent. (Docket No. P-00881/92)

SCHEDULING ORDER

Appeals by Ziva Giliya from two orders of the Family Court, Queens County, dated March 4, 2005, and March 7, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on September 15, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.

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

M30441

M/nal

2005-08932 In the Matter of Kay R. Guy, respondent, v Christopher Guy, appellant. (Docket No. O-07352-02)

SCHEDULING ORDER

Appeal by Christopher Guy from an order of the Family Court, Kings County, dated August 17, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled 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

M30396

M/nal

2005-00879 In the Matter of Dan H. (Anonymous), appellant. (Docket No. D-07311-04)

SCHEDULING ORDER

Appeal by Dan H. from an order of the Family Court, Kings County, dated December 20, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 19, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.

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

M30522

CF/

2005-03199 In the Matter of Kimberly Haeg, respondent, v County of Suffolk, et al., appellants. (Index No. 22800/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw appeals from an order of the Supreme Court, Suffolk County, dated January 11, 2005.

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

M30381

M/nal

2004-07216 In the Matter of Robert Hausman, appellant, v Alita Hausman, respondent. (Docket No. F-083722/99)

SCHEDULING ORDER

Appeal by Robert Hausman from an order of the Family Court, Kings County, dated June 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 6, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30398

M/nal

2005-00605 In the Matter of Vivian Musarra, respondent, v Robert Musarra, appellant. (Docket No. F-13158-03)

SCHEDULING ORDER

Appeal by Robert Musarra from an order of the Family Court, Nassau County, dated December 3, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 15, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 30 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

M30543

CF/

2005-08637 In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Carmen R. Maldonado, respondent. (Index No. 29486/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 3, 2005.

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

M30500

F/

2005-04413 In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Anthony Strianese, respondent. (Index No. 255/05)

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 March 24, 2005.

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

M30561

O/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-01384 In the Matter of Lakhram Omwathath, appellant, v NYCTA, et al., respondents. (Index No. 35380/04)

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 January 4, 2005.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until November 30, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30519

F/

2004-07695 In the Matter of Crystallyn P. (Anonymous). Dutchess County Department of Social Services, respondent; Barbara P. (Anonymous), appellant. (Docket Nos. N-591-03, N-591-04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Dutchess County, dated July 30, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30514

M/nal

THOMAS A. ADAMS, J.P.

BARRY A. COZIER

WILLIAM A. MASTRO

PETER B. SKELOS, JJ.

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

SCHEDULING ORDER

Appeal by Athinkakis Pericleous from an order of the Family Court, Suffolk County, dated July 13, 2004. The appellant has had the transcript for the above-entitled proceeding since January 2005. By decision and order on motion of this court dated July 6, 2005, the appellant was given until August 5, 2005, to perfect the appeal. The appellant has failed to do so.

On the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30520

O/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-05504, 2005-05505 In the Matter of Jonathan R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Sheila T. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Nathaniel R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Sheila T. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Kayla T. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Sheila T. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) In the Matter of Kayla T. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Sheila T. (Anonymous), appellant, Mark T. (Anonymous), respondent-respondent. (Proceeding No. 4) (Docket Nos. N-4977-03, N-4978-03, N-7094-03, N-7095-03, N-4979-03, N-16255-03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from a decision and an order of the Family Court, Suffolk County, both dated May 23, 2005, 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 on or before November 4, 2005, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, any and all sources of income, all itemized expenses, and the amount and source of counsel fees paid to counsel retained to represent the appellant in an action pending before the Supreme Court.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30407

M/nal

2005-02016 In the Matter of Camille May Voutour, appellant, v Dianna S. Mazzarese, et al., respondents. (Docket No. V-25217-03)

SCHEDULING ORDER

Appeal by Camille May Voutour from an order of the Family Court, Kings County, dated January 26, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 16, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

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

M30397

M/nal

2004-05031 In the Matter of Dawn M. Wertz, appellant, v Joseph Ruggio, Jr., et al., respondents. (Docket No. V-5477-03)

SCHEDULING ORDER

Appeal by Dawn M. Wertz from an order of the Family Court, Orange County, dated March 11, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 20, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

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

M30511

O/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-00186 In the Matter of Jill Winokur, respondent, v Douglas Z. Winokur, appellant. (Docket No. F-00231-02)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Westchester County, entered November 24, 2004.

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30554

R/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2004-07678 The People, etc., respondent, DECISION & ORDER v Harold Chestnut, appellant. (Ind. No. 1359/03)

ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered June 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 denied.

COZIER, J.P., RITTER, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 R 2837

Mid-State Correctional. Facility

Box 2500

Marcy, New York 13403