Appellate Division: Second Judicial Department

M16839

S/sl

2004-01739 Katharine Allison, appellant, v William B. Allison, respondent. (Index No. 12159/00)

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, Westchester County, dated January 28, 2004, and to enlarge the time of the respondent to serve and file a brief.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 30, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent shall serve and file his brief on or before January 31, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16901

O/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-02653 Atlantic Mutual Insurance Co., etc., et al., plaintiffs-respondents, v RPT Metro Assets Limited Partnership, et al., defendants-respondents, John Egan, appellant. (Index No. 10710/01)

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, Westchester County, entered February 27, 2004.

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

ORDERED that the motion is denied.

H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16795

R/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2002-10309 Georgia Batsidis, a/k/a Geri Bates, et al., appellants, v Arthur Batsidis, respondent. (Index No. 11854/02)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated October 11, 2002, which was determined by decision and order of this court dated July 6, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and cross motion by the respondent for sanctions and attorneys' fees.

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 denied with $100 costs, and it is further,

ORDERED that the cross motion is denied.

SANTUCCI, J.P., GOLDSTEIN, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16893

R/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-09898 Cappelli Enterprises, Inc., appellant, v F&J Continental Food Corp., et al., respondents. (Appeal No. 1) (Index No. 08244/03) 2003-10559 F&J Continental Food Corp., appellant, v C.M.C. Company, et al., respondents. (Appeal No. 2) (Index No. 10384/01)

DECISION & ORDER ON MOTION

Motion by F&J Continental Food Corp., on appeals from an order of the Supreme Court, Westchester County, dated October 1, 2003 (Appeal No. 1), and an order of the same court dated October 27, 2003 (Appeal No. 2), to enlarge the time to serve and file a respondent's brief in Appeal No. 1 and to enlarge the time to perfect Appeal No. 2.

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

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

ORDERED that F&J Continental Food Corp.'s time to serve and file a respondent's brief on Appeal No. 1 is enlarged until December 7, 2004, and the respondent F&J Continental Food Corp.'s brief must be served and filed on or before that date; and it is further,

ORDERED that F&J Continental Food Corp.'s time to perfect Appeal No. 2 is enlarged until December 7, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16829

PL/sl

2004-03137 Eldad Cohen, et al., respondents, v Houseconnect Realty Corp., et al., defendants, Sam Hilany, a/k/a Nahum Hilany, appellant. (Index No. 18266/00)

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, Queens County, dated March 9, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 6, 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 of the Court

Appellate Division: Second Judicial Department

M16788

R/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-07461 Evelyn Cramer, plaintiff, v Merrick Associates (Ltd. Partnership), defendant. (Index No. 356/03)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated January 27, 2004, which affirmed an order of the Civil Court, Queens County, entered August 20, 2002.

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

ORDERED that the motion is denied.

S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16833

A/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-08564 Linda DiBlasi, appellant, v Thomas DiBlasi, respondent. (Index No. 17472/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated September 7, 2004, as a poor person, and for the assignment of counsel, and to stay the trial 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.

H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16847

S/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-08735, 2004-08740 Brad Dryer, respondent, v Erika Dryer, appellant. (Index No. 11162/04)

DECISION & ORDER ON MOTION

Appeals by Erika Dryer from two orders of the Supreme Court, Westchester County, dated September 1, 2004, and September 16, 2004, respectively.

Now, on the court's own motion, it is

ORDERED that the appeals are dismissed, without costs or disbursements, as the orders are not appealable by right or by permission (see CPLR 5701).

H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16888

S/sl

2004-00598 Gerald Edwards, et al., respondents, v New York City Transit Authority, appellant. (Index No. 42109/95)

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 November 14, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 7, 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 of the Court

Appellate Division: Second Judicial Department

M16851

CF/

2004-04249 Eugene Kirby Ferencik, et al., appellants- respondents, v Frank P. Ulip, et al., respondents-appellants. (Index No. 11047/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal and cross appeal from an order of the Supreme Court, Nassau County, dated April 6, 2004.

Upon the stipulation of the parties, dated September 27, 2004, it is

ORDERED that the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16827

C/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-04334 Boris Golubov, etc., et al., appellants, v David Wolfson, etc., et al., respondents, et al., defendants. (Index No. 43638/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 31, 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 trial in the above-entitled action is stayed pending hearing and determination of the appeal.

H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16845

S/sl

2004-01268 Donald G. Gore, et al., appellants, v Giuseppe Cambareri, et al., respondents. (Index No. 7316/97)

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, Westchester County, dated November 14, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 4, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16852

CF/

2004-04715 Gus Karayian, et al., respondents, v Hristos Hatjis, et al., appellants. (Index No. 11195/04)

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 5, 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

M16836

PL/sl

2004-00354 Ken Little, appellant, v Lee Yuh Tzong, respondent. (Index No. 6307/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated December 1, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 5, 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 of the Court

Appellate Division: Second Judicial Department

M16867

R/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-00307 Charles Lodato, respondent, v Greyhawk North America, LLC, appellant, et al., defendants. (Index No. 9801/02)

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, Kings County, dated November 17, 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., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16854

CF/

2004-05565 Christina M. Marino, respondent, v Town of North Castle, et al., appellants. (Index No. 4279/01)

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 May 26, 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

M16831

S/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-08165 Daniel Minnerly, respondent, v Karen Minnerly, appellant. (Index No. 1691/04)

DECISION & ORDER ON MOTION

Appeal by Karen Minnerly from a judgment of the Supreme Court, Dutchess County, dated July 20, 2004.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511).

RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16792

R/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

GLORIA GOLDSTEIN

THOMAS A. ADAMS, JJ.

2003-02929 Frank V. Muli, Sr., appellant, v Frank Schambra, etc., respondent. (Index No. 21451/97)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, dated March 17, 2003, which was determined by decision and order of this court dated April 26, 2004.

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

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

PRUDENTI, P.J., SMITH, GOLDSTEIN and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16872

E/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-07683 Howard Porter, appellant, v Annette Porter, respondent. (Index No. 5216/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Richmond County, dated June 17, 2003, inter alia, in effect, to recall and vacate a decision and order on motion of this court dated October 16, 2003, which dismissed the appeal for failure to perfect in accordance with the rules (see 22 NYCRR 670.4), and prior order of this court dated January 23, 2004.

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, in effect, to recall and vacate the decision and order on motion of this court dated October 16, 2003, is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16859

CF/

2003-11136 Frank Risucci, plaintiff, v Par-Sev Equities, Inc., defendant third-party plaintiff-respondent, et al., defendant; Herring Sanitation Service, Inc., third-party defendant-appellant. (Index No. 1620/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated November 13, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16853

CF/

2004-03910 Darin Rupinski, et al., respondents, v City of Yonkers, et al., defendants, Board of Education of City of Yonkers, appellant. (Index No. 6529/00)

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 February 11, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16858

CF/

2004-07446, 2004-07455 Yolanda Scott, et al., respondents, v Metropolitan Suburban Bus Authority, et al., defendants, County of Nassau, appellant. (Index Nos. 13189/03, 17233/03, 2072/04, 3829/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from two orders of the Supreme Court, Nassau County, dated June 18, 2004, and June 25, 2004, respectively.

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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16843

CF/

2004-04389 Security Insurance Company of Hartford, a/s/o Kaeler Moore Architects, LLC, et al., appellants, v Hardiman Company & Associates, Inc., et al., respondents. (Index No. 8377/01)

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 March 25, 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

M16777

Y/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-11415 Marvin Singer, appellant, v Susan Singer, respondent. (Index No. 19977/99)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated December 17, 2003, (1) to vacate the decision and order on motion of this court dated April 19, 2004, which vacated a stay previously granted by this court in a decision and order on motion dated February 25, 2004, (2) to reinstate the stay contained in the decision and order on motion dated February 25, 2004, and (3) to enlarge his 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 granted; and it is further,

ORDERED that the decision and order on motion of this court dated April 19, 2004, is recalled and vacated and the stay contained in the decision and order on motion dated February 25, 2004 is reinstated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until November 8, 2004 , and the record on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the decision and order on motion of this court dated February 25, 2004, is amended by deleting from the second and third decretal paragraphs thereof the date "March 26, 2004," and substituting therefor the date "November 8, 2004."

ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16844

S/sl

2004-01956 Lois Voyticky, et al., appellants, v Jim Duffy, et al., respondents. (Index No. 15258/83)

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 and judgment (one paper) of the Supreme Court, Kings County, dated January 6, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 5, 2004, 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

M16815

S/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-08769 Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc., respondent, v Fern S. Reidman, etc., et al., defendants, Michelle Felder, appellant.

DECISION & ORDER ON MOTION

Appeal by Michelle Felder from an order of the Supreme Court, Queens County, dated September 23, 2004.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right or by permission (see CPLR 5701), and we decline to grant relief pursuant to CPLR 5704.

H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16784

R/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-00587 Joanne Wolff, appellant, v Michael Wolff, respondent. (Index No. 201928/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated December 15, 2003, to strike stated portions of the appellant's brief on the ground that it refers to matter dehors the record.

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

ORDERED that the motion is denied.

S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16837

S/sl

2003-08166 Gina Young, et al., respondents, v Johnson Tseng, et al., appellants. (Index No. 12894/00)

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 and judgment (one paper) of the Supreme Court, Queens County, dated May 22, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 3, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16771

M/nal

2004-07103 In the Matter of Joseph A. (Anonymous). Orange County Department of Social Services, respondent; Dawn A. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Adam A. (Anonymous). Orange County Department of Social Services, respondent; Dawn A. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-3773-03, B-3774-03)

SCHEDULING ORDER

Appeal by Dawn A. from an order of the Family Court, Orange County, dated June 28, 2004. By decision and order of this court dated October 4, 2004, the following attorney was assigned as counsel on the appeal:

Henry J. Neale, Jr., Esq.

222 Mamaroneck Avenue

White Plains, New York 10605

(914) 997-7575

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 proceedings 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 October 4, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16705

M/nal

2004-05370 In the Matter of Christina Dominique B. (Anonymous). St. Christopher Ottilie, petitioner-respondent; Connie Renee M. (Anonymous), appellant, et al., respondent. (Docket No. B-24132-02)

SCHEDULING ORDER

Appeal by Connie Renee M. from an order of the Family Court, Kings County, dated March 25, 2004. By decision and order of this court dated September 22, 2004, the following attorney was assigned as counsel on the appeal:

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11201

(718) 624-9391

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16774

M/nal

2004-06625 In the Matter of Eric C. (Anonymous), appellant. (Docket No. D-1177/04)

SCHEDULING ORDER

Appeal by Eric C. from an order of the Family Court, Orange County, dated July 14, 2004. By decision and order of this court dated October 4, 2004, the following attorney was assigned as counsel on the appeal:

John A. Pappalardo, Esq.

200 East Post Road

White Plains, New York 10007

(914) 761-9400

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 October 4, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16832

S/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-08189 In the Matter of Michele Chin-on, respondent, v George Gittens, appellant. (Docket No. V-10179-00)

DECISION & ORDER ON MOTION

Appeal by George Gittens from an order of the Family Court, Kings County, dated August 16, 2004.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see Family Ct. Act § 1112), and we decline to grant leave to appeal.

RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16834

S/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-08495 In the Matter of Christopher and Jason. Marie O. (Anonymous), et al., respondents; John S. (Anonymous), appellant. (Docket No. A-1241-04, A-1242-04)

DECISION & ORDER ON MOTION

Appeal by John S. from an order of the Family Court, Queens County, dated August 31, 2004.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see Family Ct. Act § 1112), and we decline to grant leave to appeal.

S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16786

R/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-05037 In the Matter of Loretta Connolly, respondent, v Timothy P. Connolly, appellant. (Docket No. F-17686-02)

DECISION & ORDER ON MOTION

Appeal by Timothy P. Connolly from an order of the Family Court, Suffolk County, dated April 16, 2004. By order to show cause dated September 9, 2004, issued pursuant to 22 NYCRR 670.4(a)(5), the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 2, 2004, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated July 2, 2004 (see 22 NYCRR 670.4[a][5]).

RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16785

R/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-04894 In the Matter of Robert Everett, Jr., appellant, v Billijo McBride, respondent. (Docket No. V-3631-01)

DECISION & ORDER ON MOTION

Appeal by Robert Everett, Jr., from an order of the Family Court, Orange County, dated April 15, 2004. By order to show cause dated September 9, 2004, issued pursuant to 22 NYCRR 670.4(a)(5), the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated June 16, 2004, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 16, 2004 (see 22 NYCRR 670.4[a][5]).

RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16857

Y/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-08574 In the Matter of Adrienne Forbes, petitioner; Eunice Barlin, respondent. (Index No. 12022/04)

DECISION & ORDER ON MOTION

Motion by Eunice Barlin for leave to appeal to this court from an order of the Supreme Court, Westchester County, entered September 24, 2004, to stay enforcement of the order, and for a preference in the calendaring of the appeal.

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 for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16820

S/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-00482 In the Matter of Shanasia H. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dominque L. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-1004/03, N-1512/03, F-15540-02)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to perfect an appeal from an order of the Family Court, Suffolk County, entered December 15,2003.

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

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 October 13, 2004; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16855

CF/

2004-01298 In the Matter of John Ioannou, et al., petitioners-appellants, v Laura J. Mansi, et al., respondents, Zoning Board of Appeals of Town of Huntington, et al., respondents- respondents. (Index No. 14298/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated December 17, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16699

M/nal

2003-02180, 2003-02799, 2003-07972 In the Matter of Jehuda Ish-Shalom, appellant, v Veronica Wittmann, respondent. (Docket Nos. V-695/97, V-696/97)

SCHEDULING ORDER

Appeals by Jehuda Ish-Shalom from two orders of the Family Court, Westchester County, both entered February 6, 2003, and an order of the same court entered July 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 24, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 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

M16769

M/nal

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

SCHEDULING ORDER

Appeals by Jerome W. from two orders of the Family Court, Kings County, dated April 20, 2004, and May 10, 2004, respectively. By decision and order of this court dated September 29, 2004, the following attorney was assigned as counsel on the appeals:

Richard Cardinale, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

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 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 appeals; or

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated September 29, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16698

M/nal

2004-02786, 2004-02787 In the Matter of Martin Karrin, appellant, v Joan Gottesman, respondent. (Docket No. F-01275-02)

SCHEDULING ORDER

Appeals by Martin Karrin from two orders of the Family Court, Richmond County, dated December 31, 2003, and March 4, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on September 27, 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 respondent's brief shall be served and filed within 45 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

M16706

M/nal

2004-06276, 2004-06277 In the Matter of Steven L. (Anonymous), appellant. (Docket No. D-035078/03)

SCHEDULING ORDER

Appeals by Steven L. from two orders of the Family Court, Kings County, dated June 1, 2004, and July 9, 2004, respectively. By decision and order of this court dated September 22, 2004, the following attorney was assigned as counsel 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 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 appeals; or

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M13441

M/nal

2004-05639 In the Matter of Terrell L. (Anonymous). Suffolk County Department of Social Services, respondent; Michael L. (Anonymous), appellant. In the Matter of Michelle L. (Anonymous). Suffolk County Department of Social Services, respondent; Michael L. (Anonymous), appellant. (Docket Nos. N-17703-03, N-17704-03)

SCHEDULING ORDER

Appeal by Michael L. from an order of the Family Court, Suffolk County, dated June 16, 2004. By decision and order of this court dated September 29, 2004, the following attorney was assigned as counsel on the appeal:

Stanley E. Gelzin, Esq.

83 Pleasant Street

Huntington, New York 11743

(631) 271-0598

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 proceedings 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 29, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16869

E/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2001-00651 In the Matter of Besthani M. (Anonymous). Child Welfare Administration, Kings County, petitioner-respondent; Pedro M. (Anonymous), appellant; Ana S. (Anonymous), nonparty- respondent. (Docket No. N-08105/98)

DECISION & ORDER ON MOTION

Motion by nonparties Charlene M. and Emily M. on an appeal from an order of the Family Court, Kings County, dated December 14, 2000, for leave to serve and file a brief on the appeal.

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

ORDERED that the motion is denied.

H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16606

M/nal

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

SCHEDULING ORDER

Appeals by Priscilla I. from two orders of the Family Court, Queens County, dated December 8, 2003, and June 16, 2004, respectively. By decision and order of this court dated September 29, 2004, the following attorney was assigned as counsel on the appeals:

Larry S. Bachner, Esq.

90-50 Parsons Blvd. - Suite 401

Jamaica, New York 11432

(917) 378-0176

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 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 appeals; or

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated September 29, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16787

R/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-05361 In the Matter of Minzi Wang, petitioner- respondent, v John Zhong Qiang Chu, appellant, et al., respondent. (Docket No. V-7850-04)

DECISION & ORDER ON MOTION

Appeal by John Zhong Qiang Chu, by permission, from an order of the Family Court, Queens County, dated May 17, 2004. By order to show cause dated September 9, 2004, issued pursuant to 22 NYCRR 670.4(a)(5), the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 14, 2004, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and upon the papers filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated July 14, 2004 (see 22 NYCRR 670.4[a][5]).

RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16822

S/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2003-07013, 2003-07014 In the Matter of Jasmine N. (Anonymous). Administration for Children's Services, respondent; Glenn N. (Anonymous), appellant. (Docket No. N-3601-00)

DECISION & ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to serve and file a brief on appeals from two orders of the Family Court, Queens County, both dated July 23, 2003.

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

ORDERED that the application is granted and the respondent's brief shall be served and filed on or before November 1, 2004; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16765

M/nal

2004-05719 In the Matter of George J. Navarro, appellant, v Eleanor S. Navarro, respondent. (Docket No. F-10468/02)

SCHEDULING ORDER

Appeal by George J. Navarro from an order of the Family Court, Nassau County, dated May 12, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 1, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 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

M16864

S/sl

2004-02456 In the Matter of New York Paving, Inc., petitioner, v Raymond P. Martinez, respondent. (Index No. 1495/04)

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 in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Queens County, dated March 3, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 5, 2004, 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

M16700

M/nal

2004-03324 In the Matter of Thomas O'Connor, appellant- respondent, v Lisa Dyer, respondent-appellant. (Docket Nos. V-473-03, V-474-03)

SCHEDULING ORDER

Appeal and cross appeal from an order of the Family Court, Dutchess County, dated March 12, 2004. The appellant-respondent's brief was filed in the office of the Clerk of this court on September 27, 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 respondent-appellant 's brief shall be served and filed within 45 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

M16767

M/nal

2004-06022, 2004-06023 In the Matter of Ashey Lorraine R. (Anonymous). St. Christopher Otillie, respondent; Ida C. (Anonymous), appellant. In the Matter of Bryant C. (Anonymous). St. Christopher Otillie, respondent; Ida C. (Anonymous), appellant. (Docket Nos. B-18552/02, B-18553/02)

SCHEDULING ORDER

Appeals by Ida C. from two orders of the Family Court, Kings County, both dated June 4, 2004. By decision and order of this court dated September 29, 2004, the following attorney was assigned as counsel on the appeals:

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11201

(718) 624-9391

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 proceedings 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 appeals; or

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated September 29, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16770

M/nal

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

SCHEDULING ORDER

Appeal by Kevin W. from an order of the Surrogate's Court, Nassau County, dated April 26, 2004. By decision and order of this court dated September 29, 2004, the following attorney was assigned as counsel on the appeal:

Judith Ellen Stone, Esq.

2819 Harbor Road

Merrick, New York 11566

(516) 623-0897

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, 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 29, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16866

S/sl

2004-02162 In the Matter of Nina Talisveyber, et al., petitioners-respondents, v Motor Vehicle Accident Indemnification Corporation, respondent-respondent, 4G's Trucking Renting Co., Inc., appellant. (Index No. 31709/99)

ORDER ON APPLICATION

Application by the petitioners-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 December 23, 2003.

ORDERED that the application is granted and the petitioners-respondents' time to serve and file a brief is enlarged until October 29, 2004, and the petitioners-respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16876

F/

WILLIAM F. MASTRO, J.

2004-05963 The People, etc., plaintiff, v Arrello Barnes, a/k/a Escalante Barnes, defendant. (Ind. No. 4183/96)

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 8, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

WILLIAM F. MASTRO

Associate Justice

Appellate Division: Second Judicial Department

M16772

A/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-03031 The People, etc., respondent, v Hoblin Bulayana, appellant. (S.C.I. No. 797/02)

DECISION & ORDER ON MOTION

Motion by the attorney assigned to the appellant, inter alia, to dismiss an appeal from a determination of the County Court, Westchester County, dated February 10, 2004, and vacate the determination, on the ground that the appellant has been deported. By decision and order on motion dated August 5, 2004, the appellant was directed to show cause why an order should not be entered dismissing the appeal on the ground that the appellant is no longer available to obey the mandate of this court, and the motion was held in abeyance in the interim.

Upon the papers filed in support of the motion, the papers filed in relation thereto, and no papers having been filed in response to the order to show cause, it is

ORDERED that on the court's own motion the appeal is dismissed (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578); and it is further,

ORDERED that the branch of the motion by the attorney for the appellant to dismiss the appeal is denied as academic; and it is further,

ORDERED that the motion by the attorney for the appellant is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16842

S/sl

2002-00683 The People, etc., respondent, v Jack Coker, a/k/a James Coker, appellant. (Ind. No. 01-00240)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered December 5, 2001.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 18, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16817

S/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-07109 The People, etc., respondent, v David Coore, appellant. (Ind No. 02-01231)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered June 18, 2004, as a poor person and for the assignment of counsel. Cross motion by the respondent to dismiss the appeal on the ground that the notice of appeal was not timely served.

On the court's own motion, it is

ORDERED that the appellant show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), and the appellant has not sought leave to file a late notice of appeal, by filing an affidavit on that issue with the Clerk of this court on or before November 12, 2004; and it is further,

ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel and the cross motion to dismiss the appeal are held in abeyance in the interim; and it is further,

 ORDERED that the Clerk of this court or his designee is directed to serve a copy of this decision and order on motion upon the appellant at his last known place of residence, or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16838

PL/sl

2003-11313 The People, etc., respondent, v Khaaliq Harris, appellant. (Ind. No. 03-00354)

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 County Court, Westchester County, rendered December 10, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 26, 2004, 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

M16875

F/

GABRIEL M. KRAUSMAN, J.

2004-01479 The People, etc., plaintiff, v Mohamed Kamara, defendant. (Ind. No. 331/98)

DECISION & ORDER ON APPLICATION

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

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

ORDERED that the application is denied.

GABRIEL M. KRAUSMAN

Associate Justice

Appellate Division: Second Judicial Department

M16816

S/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2003-00939 The People, etc., respondent, v Richard Lanham, appellant. (Ind No. 66581)

ORDER TO SHOW CAUSE

Appeal by the defendant from a decision of the County Court, Nassau County, dated January 2, 2003. By decision and order on motion of this court dated February 13, 2004, the appellant was given until April 19, 2004, to perfect the appeal. The appeal has not been perfected and the appellant's attorney has not responded to communications from this court regarding the status of the appeal.

Now, on the court's own motion, it is

ORDERED that the appellant and his attorney are directed to show cause before this court, why an order should or should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]) by filing an affidavit on that issue with the Clerk of this court on or before October 29, 2004; and it is further,

ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon his attorney, and upon the District Attorney by ordinary mail pursuant to CPL 470.60(2).

H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16835

C/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2002-10220 The People, etc., respondent, v Steven Peterson, appellant. (Ind. No. 01-707)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file less than 9 copies of a supplemental pro se brief on an appeal from a judgment of the County Court, Orange County, rendered May 31, 2002.

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 on the court's own motion, the appellant's time to serve and file a supplemental brief is enlarged until December 1, 2004, and the supplemental brief must be served and filed on or before that date.

H. MILLER, J.P., GOLDSTEIN, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16877

F/

WILLIAM F. MASTRO, J.

2004-06670 The People, etc., plaintiff, v Tam Phan, a/k/a Phan Tam, defendant. (Ind. No. 612/93)

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, Kings County, dated June 18, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

WILLIAM F. MASTRO

Associate Justice

Appellate Division: Second Judicial Department

M16850

S/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-08739 The People, etc., ex rel., Dryer, petitioner, v Erika Dryer, respondent. (Index No. 11162/04)

DECISION & ORDER ON MOTION

Appeal by Erika Dryer from a purported order of the Supreme Court, Westchester County, dated August 27, 2004.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from the purported order (see CPLR 5701).

H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16848

S/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-08737 The People, etc., ex rel., Dryer, o/b/o Dryer, petitioner, v Erika Dryer, respondent. (Index No. 11162/04)

DECISION & ORDER ON MOTION

Appeal by Erika Dryer from a purported order of the Supreme Court, Westchester County, dated August 27, 2004.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from the purported order (see CPLR 5701).

H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court