APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3400

S/sl

2003-03406 Michael Baione, respondent, v Central Suffolk Hospital, et al., defendants, Stuart Forman, et al., appellants. (Index No. 02/18430)

ORDER ON APPLICATION

Application by the appellant Jennifer Franz, s/h/a Jen Franz pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated March 21, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until December 22, 2003, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3378

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2002-08945, 2002-09260 Chase Manhattan Mortgage Corporation, respondent, v William Murphy, Jr., et al., appellants. (Index No. 4070/99)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on appeals from two orders of the Supreme Court, Suffolk County, dated September 19, 2002, and October 10, 2002, respectively.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3380

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2003-02121 Jack D'Elia, respondent, v Joanne D'Elia, appellant. (Index No. 2496/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated December 10, 2002.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 19, 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

M3382

O/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

BARRY A. COZIER, JJ.

2003-06219 Thurman Jackson, et al., appellants, v William House, et al., respondents. (Index No. 15521)

DECISION & ORDER ON MOTION

Motion by the respondent Forestdale, Inc., to dismiss an appeal from an order of the Supreme Court, Queens County, dated May 19, 2003, on the ground that the appeal was not timely taken as against it.

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 appeal is dismissed as against the respondent Forestdale, Inc.

SANTUCCI, J.P., S. MILLER, GOLDSTEIN and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3369

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2003-00283 ORDER ON APPLICATION Glenn Loftain, et al., respondents, v Stephen Gabis, appellant. (Index No. 9466/01)

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, Nassau County, dated December 2, 2002.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 16, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3405

C/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

LEO F. McGINITY

STEPHEN G. CRANE, JJ.

2003-04322 Maria Patricia Mauter, appellant, v James Mauter, respondent. (Index No. 11773/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated May 14, 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 as academic, in light of the determination of the appeal (see Mauter v Mauter, ________AD2d________[2d Dept., Oct. 06, 2003]).

RITTER, J.P., GOLDSTEIN, McGINITY and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3387

O/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2003-02144 Gregory V. Serio, etc., respondent, v United States Fire Insurance Company, et al., appellants, et al., defendants. (Index No. 3407/02)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 18, 2002, on the ground that it was not timely taken.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3396

O/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2002-09910 Fethi Soylemez, appellant, v Jose Burgos, et al., respondents. (Index No. 4129/99)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, dated August 22, 2002, for failure to timely perfect the same.

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 motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3375

D/sl

2003-06237 Spectrum Skanska, Inc., appellant-respondent, v CGU Insurance Co., etc., respondent- appellant. (Index No. 17116/01)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated June 24, 2003.

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

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before November 5, 2003 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3374

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2003-02190 Gary R. Vellia, et al., appellants, v Levina L. Morency, et al., respondents. (Index No. 15291/00)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated January 8, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 24, 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

M3403

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2003-02155 Saul Vergara, respondent, v D & T Construction Corp., defendant, Merrill Lynch & Co., Inc., appellant. (Index No. 22497/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated January 17, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 24, 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

M3401

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2003-01524 Michelle Vernon, respondent-appellant, v Wignal Vernon, appellant-respondent. (Index No. 1073/01)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated January 10, 2003.

ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until November 10, 2003, and the joint record or joint appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3371

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2003-03737 Westminster U.S.A., Ltd., appellant, v BKM Total Office, et al., respondents. (Index No. 19198/00)

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, Westchester County, dated March 26, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 15, 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

M2923

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MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-09602 In the Matter of Talisha L. (Anonymous). Administration for Children's Services, et al., respondents; Erica L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Calo L. (Anonymous). Administration for Children's Services, et al., respondents; Erica L. (Anonymous), appellant. (Proceeding No.2) (Docket Nos. N-772-3-00, V-9211-00, G-5425-6-02)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Family Court

On the court's own motion, it is

ORDERED that its decision and order dated May 2, 2003, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated September 6, 2002, as a poor person, and for the assignment of counsel.

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, William C. Hoffman, the attorney assigned to represent the appellant in the above entitled proceeding before the Family Court, Kings County, is relieved of his assignment; and it is further,

ORDERED that the motion is denied.

ALTMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M1616

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GABRIEL M. KRAUSMAN, J.

2002-09776 The People, etc., plaintiff, v William Jennings, defendant. (Ind. No. 1540/92)

DECISION & ORDER ON APPLICATION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated August 5, 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 branch of the application which is for leave to appeal from so much of the order as denied that branch of the defendant's motion which was pursuant to CPL 440.30(1-a) is denied as unnecessary (see CPL 450.10[5]); and it is further,

ORDERED that the application is otherwise denied.

GABRIEL M. KRAUSMAN

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3249

F/

GLORIA GOLDSTEIN, J.

2003-04143 The People, etc., plaintiff, v Daniel Rivera, defendant. (Ind. Nos. 1984/89, 1835/00)

DECISION & ORDER ON MOTION

Motion by the defendant for reargument of his application, 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, Suffolk County, dated March 17, 2003, which was determined by me in a decision and order on application dated May 30, 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.

GLORIA GOLDSTEIN

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3381

O/sl

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

THOMAS A. ADAMS

WILLIAM F. MASTRO, JJ.

2003-07941 The People, etc., ex rel. Jeffrey Thigpen, petitioner, v William E. Phillips, etc., respondent.

DECISION & ORDER ON MOTION

Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.

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

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

ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).

The allegations of merit contained in the petitioner's affidavit in support of the motion fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).

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

ENTER:

James Edward Pelzer

Clerk