SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MOTION DECISIONS FOR OCTOBER 8, 2003

TITLE Case Number
Bleakley Platt & Schmidt,2003-02331
Evans-Freke v Showcase Co2003-03184
Fischl v Fischl2003-02898
Forest Hills Gardens Corp2003-02812
Good v American Pioneer T2003-04733
Joseph v Hemlock Realty Co2003-06079
Kentish v Geanacopoulos,2003-02904
Lashley v City of New Roc2003-03257
Mendez v City of New York2003-02913
Ofman v Campos2003-02483
Pavlicas v Alexander's De2003-03881
Trataros Construction, In2003-05330 + 1
Vasiliades v City of New2002-11166
Mtr of Dixon v City of Ne2003-03093
Mtr of Eagle Insurance Co2002-00598
Peo v Caraballo, John2003-00592
Peo v Howard, Tyrone2003-06468







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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3137

D/sl

2003-02331

Bleakley Platt & Schmidt, LLP, respondent,

v Board of Education of the Greenburg

Eleven Union Free School District, et al.,

appellants.

(Index No. 1534/01)

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, Westchester County, dated July 13, 2002.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 3, 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




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3175

J/sl

2003-03184

Stephen Evans-Freke, appellant, v

Showcase Contracting Corp., et al.,

respondents.

(Index No. 7320/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from an order of the Supreme Court, Rockland County, entered March 19, 2003.

ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3243

J/sl

2003-02898

Claire Fischl, respondent,

v Bruce Fischl, appellant.

(Index No. 986/02)

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 December 4, 2002.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 1, 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




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3027

S/sl

2003-02812

Forest Hills Gardens Corporation, respondent,

v Lior Evan, et al., appellants.

(Index No. 28560/00)

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 and judgment (one paper) of the Supreme Court, Queens County, dated February 20, 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




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3163

S/sl

2003-04733

Adam Good, etc., et al., respondents,

v American Pioneer Title Insurance Company,

appellant.

(Index No. 10335/02)

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 April 25, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 26, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3173

J/sl

2003-06079

Nicholas Joseph, respondent,

v Hemlock Realty Corp., appellant.

(Index No. 24200/01)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 8, 2003, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3253

J/sl

2003-02904

Jacqueline M. Kentish, appellant, v Lisa A.

Geanacopoulos, a/k/a Lisa A. Basile,

et al., respondents.

(Index No. 23515/99)

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, Kings County, dated March 24, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 1, 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




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3158

S/sl

2003-03257

Heather Lashley, respondent,

v City of New Rochelle, et al., appellants,

et al., defendants.

(Index No. 4121/01)

ORDER ON APPLICATION

Application by the appellant City of New Rochelle pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Westchester County, dated March 31, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until December 8, 2003, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3170

J/sl

2003-02913

Milagros Mendez, respondent-appellant,

v City of New York, et al., respondents,

Varsity Transit, Inc., s/h/a Varsity Bus, Inc.,

appellant-respondent

(and a third-party action).

(Index No. 49149/98, 75483/02)

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 brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated March 21, 2003.

ORDERED that the application is granted and the respondent-appellant's time to serve and file a brief, including her points of argument on the cross appeal, is enlarged until November 13, 2003, and the respondent-appellant's brief must be served and filed on or before that date (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3156

S/sl

2003-02483

Mendel E. Ofman, appellant,

v Martin Campos, et al., respondents.

(Index No. 14119/00)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 13, 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




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3258

J/sl

2003-03881

Mary Pavlicas, appellant, v Alexander's

Department Stores of Brooklyn, Inc.,

et al., respondents.

(Index No. 19907/99)

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 March 19, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 22, 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




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3172

J/sl

2003-05330, 2003-05331

ORDER ON APPLICATION

Trataros Construction, Inc., respondent,

v Town of Orangetown, appellant, et al.,

defendants.

(Index No. 3564/96)

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 two orders of the Supreme Court, Rockland County, dated January 22, 2001, and May 5, 2003, respectively.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 6, 2003, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3162

J/sl

2002-11166

Van Vasiliades, plaintiff, v City of New York,

et al., defendants third-party plaintiffs-respondents;

Robert B. Samuels, Inc., third-party defendant-

appellant.

(Index No. 27271/93)

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, Kings County, dated October 22, 2002.

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




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3161

D/sl

2003-03093

In the Matter of Samuel E. Dixon, etc., et al.,

appellants, v City of New York, respondent.

(Index No. 10705/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated November 6, 2002.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 1, 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




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3259

L/

FRED T. SANTUCCI, J.P.

SANDRA J. FEUERSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2002-00598

In the Matter of Eagle Insurance Company, Withdraw Appeal

appellant, v Luis Meza, respondent.

(Index No.025754/99)

DECISION & ORDER ON APPLICATION
on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 5, 2001.

Upon the stipulation of the attorneys for the respective parties, dated September 26, 2003, it is

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

SANTUCCI, J.P., FEUERSTEIN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3256

J/sl

2003-00592

The People, etc., respondent,

v John Caraballo, appellant.

(Ind. No. 201/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the County Court, Nassau County, rendered December 23, 2002.

ORDERED that the application is granted and 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 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until November 14, 2003.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3230

K/sl

THOMAS A. ADAMS, J.

2003-06468

The People, etc., respondent,

v Tyrone Howard, appellant.

(Ind. No. 66/02)

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 27, 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.

THOMAS A. ADAMS

Associate Justice