APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3280

J/sl

2003-01883 Hannah Fine, respondent, v Lawrence Fine, appellant. (Index No. 42/91)

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, Queens County, dated November 25, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 16, 2003, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3278

J/sl

2002-11393, 2003-04004 ORDER ON APPLICATION John Hall, respondent, v Lucille Cucco, appellant. (Index No. 13476/94)

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Richmond County, dated October 15, 2002, and December 19, 2002, respectively.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 27, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3260

J/sl

2003-03165 Jean Harrington, respondent, v City of New York, defendant, New York City Transit Authority, appellant. (Index No. 46173/01)

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, Kings County, dated February 11, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 3, 2003, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3277

O/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

SANDRA J. FEUERSTEIN

STEPHEN G. CRANE, JJ.

2002-05159 NYCTL 1996-1 Trust, etc., plaintiff, v LFJ Realty Corp., respondent, et al., defendants; RADA Corp., nonparty-appellant. (Index No. 4486/98)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated April 22, 2002, which was determined by decision and order of this court dated August 11, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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., RITTER, FEUERSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M2935

M/mv

2003-08072 In the Matter of Brianna (Anonymous). Karen A. - R. (Anonymous), et al., respondents; Mark A. (Anonymous), appellant. (Docket No. A-207/02)

SCHEDULING ORDER

Appeal by Mark A. from an order of the Family Court, Suffolk County, dated August 5, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3305

O/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-06085 In the Matter of Travis A. (Anonymous). Administration for Children's Services, respondent; Charise A. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-14046-98) In the Matter of Jamal A. (Anonymous). Administration for Children's Services, respondent; Charise A. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-14048-98)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in proceedings before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated June 11, 2003, and to grant the appellant leave to prosecute the appeal as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

 ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before October 22, 2003, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before November 5, 2003, upon the submission of proper papers establishing that he/she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3075

M/mv

2003-08130 In the Matter of William F. Berryman, respondent, v Catherine Zuber, appellant. (Docket No. V-1580/97)

SCHEDULING ORDER

Appeal by Catherine Zuber from an order of the Family Court, Nassau County, dated August 28, 2003. By decision and order on motion of this court dated October 1, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Kent V. Mosten, Esq.

One Helen Keller Way

Hempstead, New York 11550

516-560-6400

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 1, 2003, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3060

M/mv

2002-06236, 2002-06237 In the Matter of Jessica Dee D. (Anonymous), et al. Jewish Child Care Association, et al., petitioners- respondents; Alexandra B. (Anonymous), appellant; Johnny D. (Anonymous), a/k/a John D. (Anonymous), respondent. (Docket Nos. B-16653/00, B-16654/00, B-16655/00)

SCHEDULING ORDER

Appeals by Alexandra B. from two orders of the Family Court, Kings County, dated March 14, 2002, and May 29, 2002, respectively. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated February 26, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeals is enlarged until October 17, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3024

M/mv

2003-01000, 2003-04018 In the Matter of Claire Gargiulo, respondent, v Michael Gargiulo, appellant. (Proceeding No. 1) (Docket Nos. V-2546/99, V-2547/99, V-2548/99, V-1092/01, V-1093/01, V-1094/01) In the Matter of Michael Gargiulo, appellant, v Claire Gargiulo, respondent. (Proceeding No. 2) (Docket No. O-6640-02)

SCHEDULING ORDER

Appeals by Michael Gargiulo from two orders of the Family Court, Nassau County, dated December 20, 2002, and March 20, 2003, respectively. 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 within 45 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 45 days of the date of this scheduling order; and it is further,

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3321

O/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-07196 In the Matter of Hartford Insurance Company of the Midwest, appellant, v Paulina Creinis, et al., respondents-respondents, et al., respondent. (Index No. 20549/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the framed issue hearing in the above-entitled proceeding, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 9, 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.

RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3036

M/mv

2003-05528, 2003-05552 In the Matter of Felicia A. Henry, appellant, v Andrew A. Skratt, respondent. (Docket Nos. O-14090-03, V-20135/01)

SCHEDULING ORDER

Appeals by Felicia A. Henry from two orders of the Family Court, Kings County, dated May 20, 2003, and June 3, 2003, respectively. By decision and order on motion of this court dated September 24, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:

Peter A. Wilner, Esq.

90-50 Parsons Blvd.

Jamaica, New York 11432

(917) 733-5932

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 transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated September 24, 2003, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3142

M/mv

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

SCHEDULING ORDER

Appeals by Glenn N. from two orders of the Family Court, Queens County, both dated July 23, 2003. By decision and order on motion of this court dated October 1, 2003, as amended October 7, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:

Joan N. G. James, Esq.

44 Court Street - # 905

Brooklyn, New York 11201

(718) 596-6926

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 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 1, 2003, as amended October 7, 2003, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3019

M/mv

2003-08411, 2003-08412 In the Matter of Arial Ana O. (Anonymous). Administration for Children's Services, petitioner-respondent; Milagros O. (Anonymous), appellant, et al., respondent. (Docket No. B-15842/00) In the Matter of Cristal Lee O. (Anonymous). Administration for Children's Services, petitioner-respondent; Milagros O. (Anonymous), appellant, et al., respondent. (Docket No. B-15841/00)

SCHEDULING ORDER

Appeals by Milagros O. from two orders of the Family Court, Queens County, both dated September 5, 2003. 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

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

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3291

S/sl

SONDRA MILLER, J.P.

GLORIA GOLDSTEIN

LEO F. McGINITY

WILLIAM F. MASTRO, JJ.

2002-01563 In the Matter of Lilianna Ramirez, appellant, v City of White Plains, et al., respondents, (Index No. 12308/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated September 24, 2003, in the above-entitled matter is amended by deleting from the decretal paragraph thereof the words ",with $100 costs".

S. MILLER, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3315

O/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-07332 In the Matter of Anthony S. Sadowski, deceased. Joseph A.F. Sadowski, appellant; Josephine Buonocore, a/k/a Sadowski, et al., respondents. (Index No. 328030)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a decision of the Surrogate's Court, Nassau County, dated July 9, 2003, pending hearing and determination of an appeal therefrom.

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 is dismissed, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is denied as academic.

RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3279

J/sl

2002-10440 ORDER ON APPLICATION In the Matter of Noeli Clemente Sergio, appellant, v Elmhurst Gardens, Inc., et al., respondents. (Index No. 871/02)

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 an order of the Supreme Court, Queens County, dated October 4, 2002.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 31, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3061

M/mv

2002-06679, 2002-06682 In the Matter of Sanel V. (Anonymous). Administration for Children's Services, respondent; Sefija V. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-16135/00) In the Matter of Dilaela V. (Anonymous). Administration for Children's Services, respondent; Murdija V. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket No. N-16136/00)

SCHEDULING ORDER

Appeals by Sefija V. and Murdija V. from two orders of the Family Court, Queens County, both dated June 24, 2002. The brief of the appellant Murdija V. was filed in the office of the Clerk of this court on September 26, 2003. 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

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3084

F/

GLORIA GOLDSTEIN, J.

2003-07643 The People, etc., plaintiff, v Daniel Connolly, defendant. (Ind. No. 9473/94)

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 Supreme Court, Kings County, dated July 30, 2003, 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.

GLORIA GOLDSTEIN

Associate Justice