APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M2951

S/sl

2003-03742 Stephan A. Bitterman, et al., appellants, v Jeffrey Hurewitz, respondent. (Index No. 1407/01)

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, Rockland County, dated March 28, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 15, 2003, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M2974

C/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

BARRY A. COZIER, JJ.

2003-08073 Ernesto Carballo, appellant-respondent, v 444 East 87th Street Owners Corp., et al., respondents, Big Z Builders, Inc., etc., respondent-appellant (and a third-party action). (Index No. 321/00)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to stay the enforcement of an order of the Supreme Court, Kings County, dated July 31, 2003, pending hearing and determination of an appeal therefrom. Cross application by the respondents 444 East 87th Street Owners Corp. and ARCO Management Corp. for an order allowing BIG Z to enter into a stipulation with 444 East 87th Street concerning the payment of damages without waiving its right to appeal from any final judgment.

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

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

ORDERED that the cross application is dismissed, without prejudice to the respondents moving for the relief sought therein (see CPLR 8022).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M2960

E/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

BARRY A. COZIER, JJ.

2003-07682 Affif Douidi, respondent-appellant, v Wendy's International, Inc., defendant, Delancey Realty, LLC, et al., appellants-respondents (and a third- party action). (Index No. 33691/00)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to stay enforcement of an order of the Supreme Court, Kings County, dated July 22, 2003, pending hearing and determination of appeals and a cross 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.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M2962

J/sl

2003-02810 Marco Lenny Galeana, appellant, v David M. Brown, et al., respondents. (Index No. 4617/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated February 4, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 20, 2003, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M2995

D/sl

DANIEL F. LUCIANO, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2002-07663 Elizabeth Haller, respondent, v Anthony Lopane, etc., et al., appellants. (Index No. 10413/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 30, 2003, in the above-entitled case is amended by deleting from the caption thereof the docket number "2003-07663," and substituting therefor the docket number "2002-07663."

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M2970

J/sl

2003-02626 Christopher Ingle, et al., respondents, v New York City Transit Authority, appellant. (Index No. 45044/96)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 16, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 27, 2003, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M2953

S/sl

2003-01682 Internet Homes, Inc., appellant, v Joseph Vitulli, et al., respondents. (Index No. 25939/00)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated January 27, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 10, 2003, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M2961

J/sl

2003-01114, 2003-03177 Stuart Lewis, appellant, v Judith Goldberg, respondent. (Index No. 28929/00)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from an order of the Supreme Court, Kings County, dated January 7, 2003, and a judgment of the same court, dated March 7, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 28, 2003, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M2963

D/sl

2003-03726 Mark Medin, et al., appellants, v Clara Ingwer, et al., respondents. (Index No. 19414/02)

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, Westchester County, dated April 3, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 25, 2003, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3002

D/sl

2003-04696 Peter Panagis, et al., respondents, v John S. Vlattas, et al., appellants. (Index No. 21388/98)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated March 10, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 14, 2003, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M2925

E/sl

SANDRA J. FEUERSTEIN, J.P.

WILLIAM D. FRIEDMANN

LEO F. McGINITY

ROBERT W. SCHMIDT, JJ.

2002-05784 Eversley Prescott, et al., respondents, v Kramer Chemicals, Inc., defendant third-party plaintiff-appellant; United Resin Corporation, third-party defendant-appellant. (Index No. 29647/85)

DECISION & ORDER ON MOTION

Separate motions by the defendant third-party plaintiff-appellant, Kramer Chemicals, Inc., and the third-party defendant-appellant, United Resin Corporation, on appeals from an order of the Supreme Court, Kings County, dated April 12, 2002, inter alia, to strike the respondents' brief on the ground that it contains or refers to matter dehors the record, for an award of costs, and to enlarge the time to serve and file their respective reply briefs.

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

ORDERED that the branches of the motions which are to strike the respondents' brief on the ground that it contains or refers to matter dehors the record are granted, the respondents' brief is stricken, and on or before November 3, 2003, the respondents shall serve and file a replacement brief that does not contain or refer to matter dehors the record; and it is further,

ORDERED that the branches of the motions which are for awards of costs are granted, and $100 costs is awarded to each appellant, payable by the respondents; and it is further,

ORDERED that the branches of the motions which are to enlarge the time to serve and file the appellants' respective reply briefs are granted, the appellants' time to serve and file their respective reply briefs is enlarged to November 18, 2003, and the reply briefs shall be served and filed on or before that date; and it is further,

ORDERED that the motions are otherwise denied.

FEUERSTEIN, J.P., FRIEDMANN, McGINITY and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

8827m

M/mv

2003-03855 In the Matter of Felix (Anonymous). Robert Ernest D. (Anonymous), respondent; Felix Gilberto M. (Anonymous), appellant. (Docket No. S-9-01)

SCHEDULING ORDER

Appeal by Felix Gilberto M. from an order of the Surrogate's Court, Rockland County, dated January 27, 2003. By decision and order on motion of this court dated September 24, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Del Atwell, Esq.

P.O. Box 2516 - Suite

Montauk, New York 11954

(631) 267-2067

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 Surrogate's 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 Surrogate's 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 24, 2003, 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 shall not be dismissed.

ENTER:

James Edward Pelzer

Clerk

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

M2954

M/mv

2003-06323, 2003-06324 In the Matter of Benjamin J. (Anonymous), appellant. (Docket No. D-12468-03)

SCHEDULING ORDER

Appeals by the juvenile from two orders of the Family Court, Kings County, dated April 28, 2003, and June 26, 2003, respectively. By decision and order on motion of this court dated September 24, 2003, the following named attorney was assigned as counsel to the appellant on the appeals:

Kenneth M. Tuccillo, Esq.

251 E. 61st Street

New York, New York 10021

(212) 517-5000

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 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 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 not be dismissed.

ENTER:

James Edward Pelzer

Clerk

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

M2955

M/mv

2003-06307 In the Matter of Dinah Picot, respondent, v Rovan Barrett, appellant. (Docket No. V-7143-00)

SCHEDULING ORDER

Appeal by Rovan Barrett from an order of the Family Court, Queens County, dated May 12, 2003. By decision and order on motion of this court dated September 24, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Robert Hausner, Esq.

100 Herricks Road - Suite 205

Mineola, New York

(516) 741-8844

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 24, 2003, 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 shall not be dismissed.

ENTER:

James Edward Pelzer

Clerk

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

M2956

M/mv

2003-05374, 2003-05384 In the Matter of Nathaniel S. (Anonymous), appellant. (Docket No. D-15946/01)

SCHEDULING ORDER

Appeals by the juvenile from two orders of the Family Court, Queens County, dated April 7, 2003, and May 29, 2003, respectively. By decision and order on motion of this court dated September 24, 2003, the following named attorney was assigned as counsel for the appellant:

Helene Chowes, Esq.

401 Broadway #1507

New York, New York 10013

(212) 431-9550

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 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 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 not be dismissed.

ENTER:

James Edward Pelzer

Clerk

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

M2958

M/mv

2003-06099 In the Matter of Alphonso W. (Anonymous), appellant. (Docket No. D-01793-03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Queens County, dated June 4, 2003. By decision and order on motion of this court dated September 24, 2003, the following named attorney was assigned to represent the appellant on the appeal:

David M. Shapiro, Esq.

903 Sheridan Avenue - 2nd Floor

Bronx, New York 10451

(718) 681-2628

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 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 shall not be dismissed.

ENTER:

James Edward Pelzer

Clerk

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

M2959

M/mv

2003-06321, 2003-06322 In the Matter of Jonathan Z. (Anonymous), appellant. (Docket No. D-9567-03)

SCHEDULING ORDER

Appeals by the juvenile from two orders of the Family Court, Kings County, dated May 2, 2003, and July 8, 2003, respectively. By decision and order on motion of this court dated September 24, 2003, the following named attorney was assigned to represent the appellant on the appeals:

Francine Shraga, Esq.

869 East 12th Street

Brooklyn, New York 11230

(718) 377-4894

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 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 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 not be dismissed.

ENTER:

James Edward Pelzer

Clerk

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

M2998

S/sl

DAVID S. RITTER, J.P.

SANDRA J. FEUERSTEIN

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-07839 The People, etc., respondent, v Raphael Collado, appellant. (Ind. No. 00614/95)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 24, 2003, in the above-entitled case is amended by deleting from the caption thereof Indictment No. "4301/90", and substituting therefor Indictment No. "00614/95".

RITTER, J.P., FEUERSTEIN, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M2865

K/sl

HOWARD MILLER, J.

2003-06901 The People, etc., respondent, v Von Knowlden, a/k/a Salim Abdul-Malik, appellant. (Ind. No. 2864/98)

DECISION & ORDER ON APPLICATION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered June 30, 2003, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

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

ORDERED that the motion is denied.

HOWARD MILLER

Associate Justice