Appellate Division: Second Judicial Department

M17010

CF/

2004-01224 Queen Alexander, appellant, v Branda Victoria Fraites, respondent. (Index No. 12843/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 23, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M16976

R/nal

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

HOWARD MILLER

DANIEL F. LUCIANO, JJ.

2002-09847, 2002-09854, 2002-09855, 2002-09856 American Building Supply Corp., plaintiff-respondent, v Avalon Properties, Inc., a/k/a Avalon Bay Communities, Inc., defendants, Vescom Systems, Inc., et al., defendants-respondents, National Union Fire Insurance Company of Pittsburgh, Pa., appellant. (Index No. 8976/99)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue appeals from four orders of the Supreme Court, Westchester County, dated September 20, 2002, and September 23, 2002, respectively, and entered September 25, 2002, and October 3, 2002, respectively, which were determined by decision and order of this court dated June 21, 2004, 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., S. MILLER, H. MILLER and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16988

O/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-06048 Louis Aquilino, et al., plaintiffs, v E.W. Howell Co., Inc., defendant third-party plaintiff-appellant, et al., defendants second third-party plaintiffs- respondents; Island Acoustics, LLC, third-party defendant-respondent; ADT Security Systems, Inc., second third-party defendant-respondent (and a fourth-party action). (Index No. 16381/99)

DECISION & ORDER ON MOTION

Separate motions by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered May 21, 2004, on the ground that the appeal was untimely taken.

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

ORDERED that the motion is denied (see Deygoo v Eastern Abstract Corp., 204 AD2d 596; Maddox v City of New York, 104 AD2d 430).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16906

PL/nal

2004-04948 Leonid Dukhalov, et al., plaintiffs, v Stephen Pshierer, et al., defendants, GMAC Leasing Corp., respondent, Frankie & Johnnies Steakhouse, et al., appellant. (Index No. 48026/02)

ORDER ON APPLICATION

Application by defendant Stephen Pshierer 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 April 30, 2004.

ORDERED that the application is denied on the ground that Stephen Pshierer is not a party to the instant appeal.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16992

CF/

2004-07713 Renee Fonte, appellant, v Frederick Friedman, etc., et al., respondents. (Index No. 31858/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 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

M16995

O/nal

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2004-07997 Harvey Garner, et al., appellants, v Amalgamated Warbasse Houses, Inc., respondent. (Index No. 16189/04)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay their eviction from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 3, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16973

R/nal

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2004-07931 Barbara Gola, respondent, v Winthrop University Hospital, Inc., appellant, et al., defendants. (Index No. 21368/01)

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, Kings County, dated August 14, 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 the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 16, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 16, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17009

C/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2003-10652 Harbor Day Care Center, Inc., d/b/a Harbor Child Care, respondent, v TIG Insurance Company of New York, appellant. (Index No. 5401/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, entered September 29, 2003.

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 the appeal is deemed withdrawn, without costs or disbursements.

FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17006

C/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-08714 David Levy, respondent, v Cheryl H. Grandone, appellant. (Index No. 48756/01)

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, Kings County, dated August 13, 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 the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16586

A/nal

MYRIAM J. ALTMAN, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

STEVEN W. FISHER, 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 respondent on an appeal from an order of the Supreme Court, Suffolk County, dated September 8, 2003, to strike the record on appeal on the ground that it is inadequate, and cross motion by the appellant, inter alia, to strike the respondent's brief on the ground that it refers to matter dehors the record, and for leave to serve and file a supplemental record on appeal.

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

ORDERED that the motion is granted to the extent that on or before November 17, 2004, the appellant shall serve and file a supplemental record containing the affidavit of service dated June 27, 2003, appended as Exhibit A to the respondent's motion papers, and the motion is otherwise denied; and it is further,

ORDERED that the cross motion is granted to the extent that the following material is stricken from the respondent's brief: (a) the third sentence of the second paragraph on page 9, beginning with the words "This fact was admitted by counsel for appellant-defendant", through and including the first sentence of the third paragraph on page 9, and (b) the third sentence of the third paragraph on page 13, beginning with the words "The court found that this opinion" through the end of the sentence, extending onto page 14; on or before November 17, 2004, the respondent shall delete from the copies of his brief on file with this court the above-referenced material; and the cross motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16998

CF/

2004-06788 Kay Lowinger, appellant, v Louis G. Lowinger, et al., respondents. (Index No. 12763/93)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated July 12, 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

M16996

CF/

2004-04126 Joseph F. Macri, etc., appellant, v Thomas Shubert, et al., respondents. (Index No. 4597/03)

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 April 7, 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

M16994

CF/

2004-07928 Rebecca Palomino, respondent, v Andrea Dazi, appellant. (Index No. 4932/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 9, 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

M17002

J/nal

2003-10318 John Purcell, et al., appellants-respondents, v Commonwealth Land Title Insurance Company, respondent-appellant. (Index No. 2392/02)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal and cross appeal from an order of the Supreme Court, Rockland County, dated October 7, 2003.

ORDERED that the application is granted and the respondent-appellant shall file its answering brief, including its points of argument on the cross appeal, on or before October 19, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the appellants-respondents' reply brief shall be served and filed on or before November 18, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16993

CF/

2004-07686 Robert Quiles, et al., respondents, v Filco Carting Corporation, et al., appellants. (Index No. 30457/01)

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 July 16, 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

M17000

O/nal

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2004-08266 Angel Rodriguez, etc., respondent, v Richard Martello, et al., appellants, et al., defendant. (Index No. 16623/96)

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, Queens County, dated August 10, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16999

CF/

2004-01241 Santo Scavuzzo, appellant, v City of New York, et al., respondents. (Index No. 24863/95)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 24, 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

M16987

A/nal

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2004-02270 Kathleen Stancati, appellant, v Kurt W. Weber, respondent, et al., defendant. (Index No. 12318/97)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated January 22, 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 appellant's time to perfect the appeal is enlarged until November 15, 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., GOLDSTEIN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16916

C/nal

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2003-09547 Scott Unger, respondent, v Theodore Leviton, appellant. (Index No. 8213/02)

DECISION & ORDER ON MOTION

Motion by the respondent to strike so much of the appellant's reply brief on an appeal from an order of the Supreme Court, Nassau County, dated October 1, 2003, as contends that certain issues raised by the respondent are not properly before this court, or to direct the appellant to file a supplemental record on appeal containing the respondent's memorandum of law dated June 4, 2003, and for leave to serve and file a sur-reply brief.

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 referred to the Justices hearing the appeal for determination upon the argument or submission thereof.

ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17004

E/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2003-10557 Christine Valente, appellant, v Anthony Valente, respondent. (Index No. 2490/98)

DECISION &ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated October 23, 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 motion is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until December 17, 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 no further enlargements of time shall be granted.

FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17008

CF/

2004-01252 Clara Stella Mendez Velez, etc., appellant-respondent, v Tuckahoe Development, LLC, et al., respondents, W.B. Contracting Corp., et al., respondents-appellants. (Index No. 11795/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 7, 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

M16972

A/nal

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-05175 In the Matter of Dawn Balassone, appellant, v Daniel F. Balassone, respondent. In the Matter of Daniel F. Balassone, respondent, v Dawn Balassone, appellant. (Docket No. V-1592/03)

DECISION & ORDER ON MOTION

Appeal by Dawn Balassone from an order of the Family Court, Dutchess County, dated April 30, 2004. By order to show cause dated August 12, 2004, 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 proceedings 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 the papers filed in 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 July 2, 2004 (see 22 NYCRR 670.4[a][5]).

KRAUSMAN, J.P., CRANE, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16920

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

SONDRA MILLER, JJ.

1997-00550 In the Matter of Peter Citrin, a disbarred attorney.

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the practice of law at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 23, 1980. By opinion and order of this court dated October 10, 1989, he was disbarred and his name was stricken from the roll of attorneys, upon his resignation after entering a plea of guilty in the District Court, Nassau County, to conspiracy in the fifth degree, a class A misdemeanor. By decision and order of this court dated March 18, 1998, his first application for reinstatement was denied. His second and third applications for reinstatement were denied by decisions and orders of this court dated June 7, 1999, and May 7, 2001, respectively. By decision and order on motion of this court dated December 8, 2003, the instant motion for reinstatement was held in abeyance, and the matter was referred to the Committee on Character and Fitness to investigate and report on his current fitness to be an attorney.

Upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it is

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

ORDERED that, effective immediately, the respondent is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Peter Citrin to the roll of attorneys and counselors-at-law.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and S. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16997

A/nal

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-03060 In the Matter of Eveready Insurance Company, respondent, v Samuel Price, et al., appellants. (Index No. 53438/02)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by Eveready Insurance Company to dismiss an appeal from a decision of the Supreme Court, Kings County, dated December 16, 2003, on the ground that no appeal from a decision.

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, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17003

E/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-08664 In the Matter of Julia Molody-Smith, petitioner, v Kenneth F. Smith, respondent. (Docket Nos. V-04412-98/04G, V-04412-98/04H)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to this court from an order of the Family Court, Suffolk County, entered September 1, 2004, and to stay enforcement of the order 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 branch of the motion which is for leave to appeal is denied (see CPLR 5704); and it is further,

ORDERED that the branch of the motion which is for a stay is denied as academic.

FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16919

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

ANITA R. FLORIO

NANCY E. SMITH

REINALDO E. RIVERA, JJ.

2000-00002 In the Matter of John J. Napolitano, a suspended attorney.

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 17, 1958. By opinion and order of this court dated July 28, 1997, in a prior unrelated proceeding, the respondent was suspended from the practice of law for a period of one year (see Matter of Napolitano, 232 AD2d 51). By decision and order of this court dated March 25, 1999, the respondent's first application for reinstatement was withdrawn. His second application for reinstatement was denied by decision and order of this court dated May 16, 2000, because the second disciplinary proceeding against him was not yet concluded. By opinion and order of this court dated May 7, 2001, the respondent was suspended from the practice of law for an additional period of three years. By decision and order of this court dated February 26, 2004, the instant application for reinstatement was held in abeyance and the matter referred to the Committee on Character and Fitness to investigate and report on his current fitness to be an attorney.

Upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it is

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

ORDERED that, effective immediately, the respondent is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of John J. Napolitano to the roll of attorneys and counselors-at-law.

PRUDENTI, P.J., RITTER, FLORIO, SMITH and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16975

M/nal

2004-05066 In the Matter of Melissa Rinaldi, respondent, v Anthony Rinaldi, appellant. (Docket Nos. V-1219-03, V-1221-03 V-1289-03, V-1290-03)

SCHEDULING ORDER

Appeal by Anthony Rinaldi from an order of the Family Court, Rockland County, dated May 14, 2004. By decision and order of this court dated October 7, 2004, the following attorney was assigned as counsel on the appeal:

K. D. Rothman, Esq.

55 Old Turnpike Road

Nanuet, New York 10954

(845) 627-3200

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 7, 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

M17007

C/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-01882 In the Matter of Jonathan V. (Anonymous), appellant. (Docket No. D-5007-03)

DECISION & ORDER ON MOTION

Appeal by the juvenile from an order of the Family Court, Richmond County, dated January 14, 2004. By decision and order on motion of this court dated August 3, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before September 7, 2004. By order to show cause dated September 20, 2004, 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 renew the motion for leave to prosecute the appeal as a poor person by September 7, 2004.

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 decision and order on motion dated August 3, 2004.

FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16989

O/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-00157 The People, etc., respondent, v Leon France, appellant. (Ind. No. 1516/00)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the Supreme Court, Kings County, rendered December 4, 2003, to include the transcripts of the proceedings which occurred before the Supreme Court, Kings County in the above-entitled action on the following dates:

June 18, 2001 June 19, 2002June 19, 2003

October 1, 2001October 16, 2002June 25, 2003

November 19, 2001December 18, 2002July 25, 2003

December 17, 2001December 31, 2002August 22, 2003

January 14, 2002January 6, 2003September 12, 2003

January 23, 2002February 18, 2003October 10, 2003

February 6, 2002February 20, 2003October 23, 2003

March 13, 2002March 19, 2003October 30, 2003

March 27, 2002April 15, 2003

May 15, 2002April 29, 2003

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 order of this court dated April 2, 2004, which granted poor person relief to the appellant is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of the above court appearances, if they are available; and it is further,

ORDERED that the stenographer is directed to make, certify and file such minutes within 45 days of the date of this decision and order on motion, and the Clerk of the trial court is directed to furnish one copy to the appellant's counsel, without charge; and it is further,

ORDERED that in the event the stenographer has already prepared a transcript of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken, and to deliver the minutes to the respondent when the appellant's brief is served.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16978

R/nal

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2002-05397 The People, etc., respondent, DECISION & ORDER v Jeffrey Keys, appellant. (Ind. No. 7320/00)

ON MOTION

Motion by the appellant pro se to enlarge his time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 5, 2002.

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 it is further,

ORDERED that the time of the appellant pro se to serve and file his supplemental brief is enlarged until November 18, 2004, and his supplemental brief shall be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16979

R/nal

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2001-07389 The People, etc., respondent, DECISION & ORDER v Najee Player, appellant. (Ind. No. 371/00)

ON MOTION

Motion by the appellant pro se to enlarge his time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered August 6, 2001.

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 time of the appellant pro se to serve and file his supplemental brief is enlarged until November 3, 2004, and his supplemental brief shall be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16958

Y/sl

NANCY E. SMITH, J.P.

THOMAS A. ADAMS

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2002-11550 The People, etc., respondent, v Damon Warren, appellant. (Ind. No. 159/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered December 13, 2002, to hold the appeal in abeyance pending the hearing and determination of his motion pursuant to CPL 440.10 pending in the Supreme Court, Kings County, to relieve assigned counsel, and to strike the briefs filed by assigned counsel and the People.

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.

SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16980

O/nal

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-07636 The People, etc., ex rel. Michael Donnel Wesley, petitioner, v Wane Lamont, etc., respondent.

DECISION & ORDER ON MOTION

Application by the petitioner for a writ of habeas corpus and for poor person relief.

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 poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,

ORDERED that the branch of the application which is for a writ of habeas corpus is denied and the petition is dismissed, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court