APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3351

S/sl

2003-01914 ORDER ON APPLICATION Ghazi Bokhari, appellant, v Home Depot U.S.A., Inc., et al., respondents. (Index No. 2052/97)

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 November 18, 2002.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 14, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3342

A/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-08350 CFS Bank, f/k/a Columbia Federal Savings Bank, respondent, v Jerry Smith, appellant, et al., defendants. (Index No. 10829/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to stay the foreclosure sale of the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered August 7, 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

M3325

Y/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-08208 Andrzej Cala, respondent, v 774 Development LLC, et al., appellants. (Index No. 16168/00)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial of the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 5, 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

M3353

S/sl

2003-01715 Rosa Calvo, etc., et al., appellants, v Anthony Calvo, respondent. (Index No. 9493/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated January 23, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 14, 2003, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3343

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GABRIEL M. KRAUSMAN, J.P.

LEO F. McGINITY

ROBERT W. SCHMIDT

WILLIAM F. MASTRO, JJ.

2002-01804 Isabel Canela, etc., appellant, v Audobon Gardens Realty Corp., respondent. (Index No. 26543/97)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this court, dated April 21, 2003, which determined an appeal from an order of the Supreme Court, Queens County, entered January 29, 2002.

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

ORDERED that th motion is denied.

KRAUSMAN, J.P., McGINITY, SCHMIDT and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3356

O/sl

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

THOMAS A. ADAMS

WILLIAM F. MASTRO, JJ.

2003-05722, 2003-04329 Ahmet Dyrmyshi, respondent, v Clifton Place Development Group, Inc., et al., defendants, Monticello Construction Corp., appellant. (Appeal No. 1) Ahmet Dyrmyshi, respondent, v Clifton Place Development Group, Inc., et al., defendants,Century Building Associates, Inc., appellant (and other third-party actions). (Appeal No. 2) (Index No. 8050/00)

DECISION & ORDER ON MOTION

Motion by the appellant Monticello Construction Corp., in effect, to calendar an appeal from an order of the Supreme Court, Kings County, dated March 26, 2003, with an appeal from an order of the same court, dated June 4, 2003, and to enlarge the time to perfect the appeal from the order dated March 26, 2003.

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, in effect, to calendar the appeals together is granted, the appeals shall be calendared together, and argued or submitted on the same day; and it is further,

 ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated March 26, 2003, is denied as premature, as the time to perfect that appeal does not expire until November 12, 2003.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3349

S/sl

2003-03390 Icy Splash Food & Beverage, Inc., et al., respondents, v Felix Henckel, et al., appellants. (Index No. 9447/97)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated March 5, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 5, 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

M3344

S/sl

2003-01455 Cynthia Johnson, et al., respondents, v City of New York, et al., appellants. (Index No. 39815/95)

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 a judgment of the Supreme Court, Kings County, dated January 28, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 29, 2003, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3341

T/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2002-10873 Matthew Kane, plaintiff-respondent, v Triborough Bridge and Tunnel Authority, appellant, John Wagner, et al., defendants-respondents. (Index No. 113395/93)

DECISION & ORDER ON MOTION

Motion by the defendants-respondents to enlarge the time to serve and file a brief on an appeal from an interlocutory judgment of the Supreme Court, Kings County, dated November 13, 2002.

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

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

ORDERED that the defendants-respondents' time to serve and file a brief is enlarged until October 15, 2003, and the defendants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that on the court's own motion, the appellant's reply brief, if any, shall be served and filed on or before October 30, 2003.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3319

E/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-08348 Gregg S. Lewis, respondent, v La Tonya Jefferson, appellant, et al., defendants. (Index No. 28611/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated September 8, 2003, to stay the trial in the above-entitled action and to stay enforcement of a stipulation of the parties, pending hearing and determination of the appeal, and for leave to appeal from so much of the order dated September 8, 2003, as denied her application for leave to submit reply papers in support of the motion that was determined by the order dated September 8, 2003.

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 from so much of the order dated September 8, 2003, as denied the appellant's application for leave to submit reply papers in support of the motion that was determined by the order dated September 8, 2003, is granted; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3354

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NANCY E. SMITH, J.P.

LEO F. McGINITY

HOWARD MILLER

REINALDO E. RIVERA, JJ.

2003-06882 Antonio Martinez, respondents, v Central Elevator, Inc, appellant. (Index No. 6862/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated June 13, 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.

SMITH, J.P., McGINITY, H. MILLER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3340

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DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-06030 Louis Parrinello, et al., respondents, v Bruce T. Davis, et al., appellants. (Index No. 25904/99)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated May 15, 2003, to stay the trial in the above-entitled action pending hearing and determination of the appeal and for a preference in the calendaring of the appeal.

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 stay the trial in the above-entitled action pending hearing and determination of the appeal is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3372

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FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2002-06238 Anthony Rella, etc., et al., respondents, v Leo Greco, et al., appellants, et al., defendant. (Appeal No. 1) 2003-00472, 2003-00473 Anthony Rella, etc., et al., appellants, v Leo Greco, et al., respondents. (Appeal Nos. 2 and 3) (Index No. 1365/99)

DECISION & ORDER ON MOTION

Motion by the appellants in Appeal Nos. 2 and 3 for leave to appeal to the Court of Appeals from a decision and order of this court dated July 14, 2003, which determined appeals from two orders of the Supreme Court, Rockland County, both entered January 3, 2003, and cross motion by Leo Greco, an appellant in Appeal No. 1, and separate cross motion by the remaining appellants in Appeal No. 1 for leave to appeal to the Court of Appeals from a decision and order of this court also dated July 14, 2003, which determined an appeal from an order of the Supreme Court, Rockland County, dated June 12, 2002, in the event that the motion is granted.

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

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

ORDERED that the cross motions are denied as academic.

SANTUCCI, J.P., GOLDSTEIN, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3339

E/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-01786 Rajeev Vyas, et al., appellants, v Edgar P. Campbell, respondent. (Index No. 1757/01)

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 of an order of the Supreme Court, Orange County, dated February 13, 2003.

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

ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3271

M/mv

2003-04149 In the Matter of Marcellus (Anonymous). Lori S. (Anonymous), et al., respondents; Marcellus S. (Anonymous), appellant. (Proceeding No. 1) (Docket No. A-2826-02) In the Matter of Amanda (Anonymous). Lori S. (Anonymous), et al., respondents; Marcellus S. (Anonymous), appellant. (Proceeding No. 2) (Docket No. A-2828-02) In the Matter of Alyssa (Anonymous). Lori S. (Anonymous), et al., respondents; Marcellus S. (Anonymous), appellant. (Proceeding No. 3) (Docket No. A-2829-02)

SCHEDULING ORDER

Appeal by Marcellus S. from an order of the Family Court, Dutchess County, dated April 25, 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 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 in the Family Court proceedings to be transcribed for the appeal; or

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

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

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

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

ENTER:

James Edward Pelzer

Clerk

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3346

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DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-00478 In the Matter of Lorna Douglas, respondent, v Colin Anderson Archer, appellant. (Docket No. P-2453-01)

DECISION & ORDER ON MOTION

Appeal by Colin Anderson Archer from an order of the Family Court, Kings County, dated November 20, 2002. By order to show cause dated September 2, 2003, 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 27, 2003, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and no papers having been filed in opposition or relation 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 27, 2003 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3245

M/mv

2002-00640, 2002-00642, 2002-00643 In the Matter of Maritza G. (Anonymous). Administration for Children's Services, respondent; Angelique G. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-25983/99) In the Matter of Daniel G. (Anonymous). Administration for Children's Services, respondent; Angelique G. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-25984/99) In the Matter of Caitlin G. (Anonymous). Administration for Children's Services, respondent; Angelique G. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-25985/99)

SCHEDULING ORDER

Appeals by Angelique G. from three orders of the Family Court, Kings County, all dated December 20, 2001. 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 September 23, 2003, in the above-entitled proceedings is amended to provide that the time of the law guardian to serve and file a brief in the above-entitled appeals is enlarged until November 14, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3239

M/mv

2003-04955 In the Matter of Luisa Holden, appellant, v Clive Cardozo, respondent. (Docket No. V-3789-99)

SCHEDULING ORDER

Appeal by Luisa Holden from an order of the Family Court, Suffolk County, dated June 7, 2002. 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3335

Y/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-00783, 2003-00785 In the Matter of Elizabeth Julye, respondent, v Kenneth Evans, appellant. (Docket No. U-25408-99)

DECISION & ORDER ON MOTION

Appeal by Kenneth Evans from two orders of the Family Court, Kings County, dated March 7, 2002 and September 18, 2002, respectively. By order to show cause dated September 2, 2003, 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated June 18, 2003, issued pursuant to 22 NYCRR 670.4(a).

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

ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 18, 2003 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3366

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SANDRA J. FEUERSTEIN, J.P.

WILLIAM D. FRIEDMANN

LEO F. McGINITY

ROBERT W. SCHMIDT, JJ.

2003-06333 In the Matter of Charles L. Maddox, petitioner- respondent, v Gail Walter, respondent-respondent; Joshua Maddox, appellant. (Docket No. V-6404-01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 7, 2003, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by counsel assigned to represent the petitioner-respondent in a proceeding before the Family Court, Dutchess County, to be relieved, for the assignment of new counsel to defend an appeal from an order of the Family Court, Dutchess County, dated June 16, 2003, and to grant the appellant leave to defend the appeal as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition to or in 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 petitioner-respondent on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the petitioner-respondent on or before October 24, 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 petitioner-respondent on the appeal and leave to defend the appeal as a poor person are denied with leave to the petitioner-respondent to renew, on or before November 14, 2003, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the petitioner-respondent is interested in defending the appeal.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3251

M/mv

2002-10576, 2003-03942 In the Matter of Margaret Mateer, appellant-respondent, v Peter Field, respondent-appellant. (Docket No. U-46-02)

SCHEDULING ORDER

Appeal and cross appeal from an order of the Family Court, Suffolk County, dated September 13, 2002, and separate appeal by Margaret Mateer from an order of the same court dated April 3, 2003. 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 August 27, 2003, in the above-entitled proceeding is amended to provide that the appellant-respondent'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 31, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3348

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2002-05138 The People, etc., respondent, v Babatunde Famojure, appellant. (Ind. No. 00-01704)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the County Court, Westchester County, rendered May 21, 2002.

ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his/her brief on the appeal is enlarged until December 10, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3080

F/

BARRY A. COZIER, J.

2003-06061 The People, etc., plaintiff, v Shawn Pratt, defendant. (Ind. No. 10997/93)

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 19, 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.

BARRY A. COZIER

Associate Justice