Appellate Division: Second Judicial Department

M30732

J/sl

2005-03071 Bernard Cerisier, appellant, v Carl Thibou, respondent. (Index No. 37982/02)

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, Kings County, dated February 15, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30734

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2005-03200 Commissioners of State Insurance Fund, respondent, v Nobre, Inc., appellant. (Index No. 14687/03)

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, Suffolk County, dated March 4, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 31, 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

M30714

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2005-03852 Tommie Coppage, respondent, v Svetlana Hacking Corp., et al., appellants. (Index No. 10091/02)

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, Kings County, dated March 11, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 12, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30723

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2005-02441 Nora Eschenberg, appellant, v Kohl's Department Stores, Inc., et al., respondents. (Index No. 9819/02)

ORDER ON APPLICATION

Application by the respondent Kohl's Department Stores, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated January 24, 2005.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until November 14, 2005, and the movant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30720

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BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-08805 Lisa Catherine Gagliano, appellant, v Dominick Gagliano, respondent. (Index No. 11742/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated August 24, 2005, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30721

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2004-09740 Herman L. Gray, respondent, v City of New York, et al., appellants. (Index No. 22695/93)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, entered October 12, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 2, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30736

O/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-00224 Diana Jean-Pierre, respondent, v Touro College, et al., appellants, et al., defendants. (Index No. 21332/01)

DECISION & ORDER ON MOTION

Motion by the appellant Touro College to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated November 22, 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 the trial in the above-entitled action is stayed pending hearing and determination of the appeals.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30722

E/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-08884, 2005-08885 John Klados, respondent, v Gail Klados, appellant. (Index No. 200681/04)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a decision of the Supreme Court, Nassau County, dated July 8, 2005, and an order of the same court dated September 13, 2005, to stay conveyance of the marital premises pending hearing and determination of the appeals.

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

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

ORDERED that on the court's own motion, the appeal from the order is dismissed, without costs or disbursements, as no appeal lies from an order denying leave to renew and reargue a decision (see DeFalco v JRS Confectionary, 118 AD2d 752, 753); and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30731

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2004-09371 Kevin McDonald, appellant-respondent, v Sunstone Associates, respondent-appellant, Spring Scaffolding, Inc., defendant third-party plaintiff-respondent; Seasons Floral Studio, third-party defendant-respondent. (Index No. 25931/01)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated October 5, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 17, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30719

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BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-06550 Janet Melesio, et al., plaintiffs-respondents, v Lawrence Oaks Limited Partnership, et al., defendants-respondents, Creative Trucking Equipment, Inc., appellant. (Index No. 997/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered June 20, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30733

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2005-03148 Michael J. Motelson, appellant, v Candon Court Homeowners Association, Inc., respondent. (Index No. 19838/02)

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, Nassau County, dated February 25, 2005.

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

M30725

R/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-07264 Town of Hempstead, appellant, v State of New York, et al., respondents. (Index No. 16724/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated June 16, 2005, to enjoin, inter alia, the respondents from violating a stop work order issued by the Town of Hempstead on November 18, 2004, with respect to, among other things, the construction, operation or maintenance of any equipment or structures pertaining to certain wireless communication facilities pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30735

O/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-05090 Roger Williams, etc, et al., respondents, v Giordano's Madison Market Basket, LLC, appellant, et al., defendants. (Index No. 6105/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated May 11, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30738

O/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-06784 In the Matter of New York City Transit Authority, appellant, v Gail Goodridge, et al., respondents. (Index No. 8059/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled proceeding pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 13, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30034

A/sl

HOWARD MILLER, J.P.

SONDRA MILLER

DAVID S. RITTER

DANIEL F. LUCIANO, JJ.

2004-05595, 2004-09378 In the Matter of Sambasiva Rao Venigalla, et al., respondents, v Alagappa Alagappan, et al., appellants. (Index No. 15676/01)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from two orders of the Supreme Court, Queens County, dated June 10, 2004, and September 13, 2004, respectively, to strike the brief of the Attorney-General of the State of New York, as statutory intervenor pursuant to Executive Law 71, on the ground, inter alia, that it raises arguments beyond the scope of Executive Law 71, and to enlarge their time to serve and file a brief.

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

ORDERED that the branch of the motion which is to strike the brief of the Attorney-General of the State of New York is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, and the respondents' brief must be served and filed on or before November 3, 2005.

H. MILLER, J.P., S. MILLER, RITTER and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M30708

K/sl

A. GAIL PRUDENTI, P.J.

2005-07367 The People, etc., plaintiff, v Oscar Fernandez, defendant. (Ind. No. 3338/97)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated June 2, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

A. GAIL PRUDENTI

Presiding Justice

Appellate Division: Second Judicial Department

M30727

F/

BARRY A. COZIER, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-00680 The People, etc., respondent, v John Hall, appellant. (Ind. No. 04-00200)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Rockland County, rendered December 15, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on August 25, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

James Licata

Office of the Public Defender

11 New Hemstead Road

New City, New York 10956-3664

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

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

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

Del Atwell, Esq.

P.O. Box 2516

Montauk, New York 11954

and it is further,

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

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 5039

Gouverneur Corr. Fac.

Scotch Settlement Road

P.O. Box 370

Gouverneur, New York 13642-0370

Appellate Division : Second Judicial Department

M30375

F/

STEVEN W. FISHER, J.

2005-06743 The People, etc., plaintiff, v Anthony Merrick, defendant. (Ind. Nos. 3683/86, 7955/86, 2521/87, 6178/88)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated March 22, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

STEVEN W. FISHER

Associate Justice

Appellate Division : Second Judicial Department

M30377

F/

STEVEN W. FISHER, J.

2005-07965 The People, etc., plaintiff, v Gary H. Moore, defendant. (Ind. No. 89142/94)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated July 28, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

STEVEN W. FISHER

Associate Justice

Appellate Division : Second Judicial Department

M30378

F/

STEVEN W. FISHER, J.

2005-05918 The People, etc., plaintiff, v Otis Perkins, defendant. (Ind. No. 99-00516)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, dated March 7, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

STEVEN W. FISHER

Associate Justice