Appellate Division: Second Judicial Department

M31124

L/

2005-04621 Ramon Abreu, plaintiff-respondent, v Lucent Technologies, Inc., appellant, Financial Square, Inc., et al., defendants- respondents (and a third-party action). (Index No. 20788/02)

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 April 6, 2005.

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ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31125

L/

2005-06803 Ramon Abreu, plaintiff-respondent, v Lucent Technologies, Inc., appellant, Financial Square, Inc., et al., defendants- respondents (and a third-party action). (Index No. 20788/02)

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 April 21, 2005.

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ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31147

CF/

2005-05272 John Allessandro, et al., appellants, v Mark Wood, et al., respondents. (Index No. 4001/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated April 27, 2005.

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M31138

CF/

2005-04496 Robert Avedesian, et al., respondents, v Port Authority of New York & New Jersey, appellant. (Index No. 5358/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 2, 2005.

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

M31139

CF/

2005-01023 Michael Bell, et al., respondents, v Kelly McCray, et al., defendants, New York City Transit Authority, et al., appellants. (Index No. 28919/99)

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 December 3, 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

M31142

M/nal

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM A. MASTRO, J.P.

2005-06787 Nathan Blumes, respondent, v Inbar Blumes Madar, appellant. (Index No. 48288/00)

DECISION & ORDER ON MOTION

Appeal by Inbar Blumes Madar from an order of the Supreme Court, Kings County, dated May 26, 2005. By order to show cause dated September 19, 2005, the parties or their attorneys were directed to show cause 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 August 1, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated August 1, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

ADAMS, J.P., CRANE, S. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31149

CF/

2005-05702 Bortech Company, Inc., respondent, v Central Hudson Gas & Electric Corp., appellant. (Index No. 254/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated May 9, 2005.

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

M31001

T/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-08629 Janet Brunetti, appellant, v John Brunetti, defendant; Goldman & Maurer, LLP, nonparty-respondent. (Index No. 203789/02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated August 31, 2005, inter alia, for clarification of a decision and order on motion of this court dated September 23, 2005.

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

ORDERED that the motion is granted to the extent that the decision and order on motion dated September 23, 2005, is recalled and vacated and the following decision and order is substituted therefor, and the motion is otherwise denied:

Motion by the appellant for leave to appeal to this court from stated portions of an order of the Supreme Court, Nassau County, dated August 31, 2005, and, inter alia, in effect, to stay enforcement of so much of the order as required her to post a bond as a prerequisite to the release and delivery of her file by outgoing counsel Goldman & Maurer, LLP, 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 to this court is granted; and it is further,

ORDERED that the branch of the motion which is, in effect, to stay enforcement of so much of the order as required her to post a bond as a prerequisite to the release and delivery of her file by outgoing counsel, Goldman & Maurer, LLP, is granted, and outgoing counsel is directed to immediately release and deliver the file without the requirement of the posting of a bond; and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., H. MILLER, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31126

L/

2005-02680 Louis J. Coppola, appellant, v Mitchell Mink, et al., respondents. (Index No. 18375/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 17, 2005.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31123

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-10559 Employers Insurance of Wausau, respondent, v Meli & Borelli Associates, Inc., et al., defendants, Cigna Corp., et al., appellants. (Index No. 27055/96) 200

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant A & A Electric, Inc., for leave to withdraw its appeal from an order of the Supreme Court, Kings County, dated October 13, 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 by A & A Electric, Inc., is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31146

CF/

2005-03699 Irving Eskenazi, et al., respondents, v Clifford Sloat, et al., appellants (and a third-party action). (Index No. 15949/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 14, 2005.

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

M31136

R/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-06980 Doris W. Finkel, appellant, v Thomas Terino, a/k/a Tom Terino, et al., respondents. (Index No. 18383/04)

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, Nassau County, entered June 17, 2005.

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

ORDERED that the motion is denied.

ADAMS, J.P., CRANE, S. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31174

L/

2005-00179 Francis A. Lee Exterior Restoration Corp., and Scalco Construction Corp., a Joint Venture, respondent, v WP Owners Corp., appellant, et al., defendants. (Index No. 561/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, entered July 3, 2004.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31062

M/nal

2005-08805 Lisa Catherine Gagliano, appellant, v Dominick Gagliano, respondent. (Index No. 11742/03)

SCHEDULING ORDER

Appeal by Lisa Catherine Gagliano from an order of the Supreme Court, Suffolk County, dated August 24, 2005. 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 Supreme Court action 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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M31029

M/nal

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM A. MASTRO

REINALDO E. RIVERA, JJ.

2005-06284, 2005-06285 Barbara O. Galgano, respondent, v Louis J. Galgano III, appellant. (Index No. 17483/99)

DECISION & ORDER ON MOTION

Appeals by Louis J. Galgano III from two orders of the Supreme Court, Westchester County, both dated April 21, 2005. By order to show cause dated September 12, 2005, the parties or their attorneys were directed to show cause 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 July 18, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and the papers filed in opposition or relation thereto, it is

ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with a scheduling order dated July 18, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31089

A/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-08891 Hal R. Ginsburg, et al., appellants, v Ock-A-Bock Community Association, Inc., et al., respondents. (Index No. 17663/04)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, inter alia, to enjoin the defendants from denying the plaintiffs access to the subject beach, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated August 18, 2005.

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

ORDERED that the motion is denied.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31143

CF/

2005-05466 Daniel Gomes, appellant, v Marl Evangelista, respondent. (Index No. 6609/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 21, 2005.

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

M31175

L/

2005-03368, 2005-03369 Isaac Katz, appellant, v Tower Insurance Company of New York, et al., respondents. (Index No. 41783/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from an order of the Supreme Court, Kings County, dated February 18, 2005, and an amended order of the same court dated March 3, 2005, respectively.

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 application is granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31127

L/

2005-03208 Marton Klepp, appellant, v Anita Klepp, respondent. (Index No. 6050/69)

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 March 3, 2005.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31137

R/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-00296, 2005-06456 Delphine Lameni, appellant, v Verizon, et al., respondents. (Index No. 3417/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated November 15, 2004, and May 9, 2005.

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 appellant's time to perfect the appeal is enlarged until November 1, 2005, 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.

ADAMS, J.P., CRANE, S. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30610

L/

2005-00272 Charles Lodato, plaintiff, v Greyhawk North America, LLC, defendant-respondent; Nagan Construction, Inc., third-party defendant- appellant (and a fourth party action). (Index No. 9801/02)

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 December 2, 2004.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31151

CF/

2005-07510 Raemondo R. Lupo, plaintiff-respondent, v ABM Woo, Inc., etc., defendant-respondent, Sidney Silva, defendant-appellant. (Index No. 3478/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated June 30, 2005.

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

M31172

L/

2005-02210 Deborah Martinez, etc., respondent, v Board of Education of City of Yonkers, appellant. (Index No. 18517/01)

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 January 21, 2005.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31150

CF/

2005-05139 Yvette Mohrien, appellant, v James O. Smith, et al., respondents. (Index No. 32206/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 14, 2005.

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

M31128

L/

2005-08456 La Trel Mosso, respondent, v New York City Transit Authority, appellant. (Index No. 50734/01)

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 July 21, 2005.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31085

A/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-06044 New York Central Mutual Fire Insurance Company, appellant, v William Steely, et al., respondents, et al., defendant. (Index No. 1077/04)

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, Westchester County, entered May 16, 2005.

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 denied.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31177

L/

2005-05036, 2005-05039 James Nickelson, respondent, v Apollo Van Lines, Inc., appellant. (Index No. 2957/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from a decision of the Supreme Court, Queens County, dated February 22, 2005, and a judgment of the same court entered May 6, 2005, respectively.

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 application is granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31133

L/

2005-03049 Michael O'Leary, appellant, v Clean Cut Carpenty, Inc., et al., respondents. (Index No. 955/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Putnam County, dated February 17, 2005.

Upon the stipulation of the parties, dated August 18, 2005, it is

ORDERED that the appeal is marked withdrawn only as against respondents George Thomas and Diana Thomas.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31140

CF/

2005-03456 Rochdale Village, Inc., appellant, v Howard L. Zimmerman, et al., respondents. (Index No. 8313/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 4, 2005.

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

M31148

R/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

GABRIEL M. KRAUSMAN

STEVEN W. FISHER, JJ.

2004-00584 Ronald Roveto, et al., appellants, v VHT Enterprises, Inc., et al., defendants, Steady Aim Fire, Inc., respondent. (Index No. 1310/02)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated December 2, 2003, which was determined by decision and order of this court dated April 4, 2005, 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 dismissed on the ground that the respondent does not have standing to move for the above-referenced relief as it did not file a brief on the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31158

S/sl

2005-04141 Marie Russo, respondent, v Biagio Russo, appellant. (Index No. 35176/02)

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 March 15, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 21, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31095

A/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-06397 Melanie Samuels, plaintiff, v City of New York, defendant. (Index No. 7871/97)

DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division

Motion by the defendant for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated February 2, 2005, which reversed a judgment of the Civil Court of the City of New York, Kings County, entered January 21, 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.

FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31171

L/

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-07660 Sondra Santiago, respondent, v Linda Bonomo, et al., defendants, Veronica Johnson, appellant. (Index No. 14319/02)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 13, 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 deemed withdrawn, without costs or disbursements.

ADAMS, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31156

S/sl

2005-04239 State Farm Mutual Automobile Insurance Company, respondent, v Gregory Chandler, et al., defendants, Yongwaittie Bepat, et al., appellants. (Index No. 11862/04)

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, Queens County, dated March 16, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 20, 2005, 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 of the Court

Appellate Division: Second Judicial Department

M31176

L/

2005-03240 Surgical Design Corporation, respondent, v Jamir Correa, appellant, et al., defendant. (Index No. 3479/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 25, 2005.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31144

CF/

2005-06512 Carlos P. Vacca, et al., appellants, v Pierre Beauchamps, et al., respondents. (Index No. 47642/01)

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 May 4, 2005.

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

M31157

S/sl

2005-04008 Village of Westhampton Beach, respondent-appellant, v Donald J. Cayea, et al., appellants-respondents. (Index No. 27666/02)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 15, 2005.

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

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until December 19, 2005, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; 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, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30960

S/sl

2005-04191 Walden Woods Homeowners' Association, respondent, v David Friedman, appellant, et al., defendants. (Index No. 9622/03)

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 29, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 27, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31130

L/

2005-06821 Jeffrey Wilcox, et al., plaintiffs, v North Rockland School District, respondent, Town of Haverstraw, appellant. (Index No. 8598/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated June 22, 2005.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31131

L/

2005-04781 Leo Ziegel, respondent, v Elizabeth Srolovitz Ziegel, appellant. (Index No. 22935/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 15, 2005.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31178

L/

2004-07030 Rosa Zumba, etc., plaintiff-respondent, v Rachel Stevko, et al., defendants-respondents, Sergey Fesenko, et al., respondents-appellants, Jessica Borelli, et al., appellants-respondents. (Index No. 38304/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal and cross appeals from an order of the Supreme Court, Kings County, dated July 3, 2004.

Upon the stipulation of the parties, dated September 14, 2005, September 15, 2005, September 16, 2005, October 6, 2005, and October 7, 2005, it is

ORDERED that the appeal and cross appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31031

M/nal

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM A. MASTRO

REINALDO E. RIVERA, JJ.

2005-05927 In the Matter of Darryl A. (Anonymous), appellant. (Docket No. E-12733/04)

DECISION & ORDER ON MOTION

Appeal by Darryl A. from an order of the Family Court, Nassau County, dated May 19, 2005. By order to show cause dated September 9, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 1, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated July 1, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31141

M/nal

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM A. MASTRO, JJ.

2005-07171 In the Matter of Genvieve Benack-Coleman, respondent, v Anthony L. Coleman, appellant. (Docket No. O-6760-04)

DECISION & ORDER ON MOTION

Appeal by Anthony L. Coleman from an order of the Family Court, Dutchess County, dated June 21, 2005. By order to show cause dated September 19, 2005, 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 August 8, 2005, issued pursuant to 22 NYCRR 670.4(a)(5).

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

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

ORDERED that 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 16, 2005.

ADAMS, J.P., CRANE, S. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30877

M/nal

2005-09226 In the Matter of Dina Bruemmer, appellant, v Suffolk County Department of Social Services, respondent. (Docket No. V-6899-05)

SCHEDULING ORDER

Appeal by Dina Bruemmer from an order of the Family Court, Suffolk County, dated September 20, 2005. 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 in 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, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M31188

Y/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-08376 In the Matter of Dozie Chukwuka, appellant, v Chinelo Florence Chukwuka, respondent. (Docket No. F-21263-03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated June 30, 2005, 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 the branch of the motion which is for a free transcript, waiver of the filing fee, and for the assignment of counsel is denied; and it is further,

ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).

FLORIO, J.P., KRAUSMAN, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31162

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-07968 In the Matter of Catherine Dauphin, respondent, v Scott Parker, appellant. (Docket No. F-5077-03)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Richmond County, dated July 19, 2005, and to grant the appellant leave to prosecute the appeal as a poor person.

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 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 November 3, 2005, 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 17, 2005, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

FLORIO, J.P., KRAUSMAN, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30880

M/nal

2005-09288 In the Matter of Nicholas Dellolio, et al., petitioners-respondents, v Brian Tracy, respondent, Lori Tracy, appellant. (Docket Nos. V-384-05, V-1097-05)

SCHEDULING ORDER

Appeal by Lori Tracy from an order of the Family Court, Rockland County, dated August 23, 2005. 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 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) 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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M31134

M/nal

2004-09055 In the Matter of Theresa Evans, appellant, v Uniqua Smith, et al., respondents. (Docket Nos. V-15169-03, V-15172-03)

SCHEDULING ORDER

Appeal by Theresa Evans from an order of the Family Court, Westchester County, dated August 17, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 9, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until November 9, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31108

A/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2005-02096 In the Matter of Gladstone Ford, petitioner, v Martin J. Schulman, etc., respondent.

DECISION & ORDER ON MOTION

Motion by the petitioner pro se for leave to appeal to the Court of Appeals from a decision and judgment of this court, dated June 27, 2005, which determined a proceeding pursuant to CPLR article 78.

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

ORDERED that the motion is denied.

FLORIO, J.P., ADAMS, MASTRO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31017

M/nal

ANITA R. FLORIO , J.P.

STEPHEN G. CRANE

WILLIAM A. MASTRO

REINALDO E. RIVERA , JJ.

2005-06385 In the Matter of Alan Fuca, respondent, v Dale Merritt, appellant. (Docket No. V-02548-02)

DECISION & ORDER ON MOTION

Appeal by Dale Merritt from an order of the Family Court, Richmond County, dated June 2, 2005. By order to show cause dated September 12, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 18, 2005, issued pursuant to 22 NYCRR 670.4(a)(5). Application by the appellant to withdraw the appeal.

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

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

ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.

FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31094

C/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-07633 In the Matter of Government Employees Insurance Company, petitioner-respondent, v Robert Basedow, et al., respondents-respondents, American Independent Insurance Company, appellant, et al., respondent. (Index No. 23494/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the framed-issue hearing in the above-entitled matter pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated June 30, 2005.

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 framed-issue hearing in the above-entitled matter is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 16, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 16, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

ADAMS, J.P., CRANE, S. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31155

M/nal

2005-05754 In the Matter of Ayodele Ademoli J. (Anonymous). Catholic Home Bureau for Dependent Children, respondent; Elizabeth O. (Anonymous), appellant. (Docket No. B-02687/01)

SCHEDULING ORDER

Appeal by Elizabeth O. from an order of the Family Court, Queens County, dated May 18, 2005. By decision and order on motion of this court dated October 12, 2005, the following attorney was assigned as counsel on the appeal:

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

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

ORDERED that the 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 transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated October 12, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M31160

S/sl

2005-04229 In the Matter of Soosy Joseph, petitioner, v John A. Johnson, respondent. (Index No. 11895/04)

ORDER ON APPLICATION

Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated February 8, 2005.

ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until October 26, 2005, and the record or appendix on the proceeding and the petitioner's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31159

S/sl

2005-03946 In the Matter of Richard Kouns, II, etc., et al., respondents, v Angelo Petrone, etc., appellant. (Index No. 00173/05)

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 and judgment (one paper) of the Supreme Court, Westchester County, dated March 28, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 26, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31060

M/nal

2005-08370 In the Matter of Marie Lazarre, respondent, v Gary Talbot, appellant. (Docket No. F-24682-04)

SCHEDULING ORDER

Appeal by Gary Talbot from an order of the Family Court, Kings County, dated August 19, 2005. By decision and order on motion of this court dated September 21, 2005, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. 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) 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M31027

M/nal

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM A. MASTRO

REINALDO E. RIVERA, JJ.

2005-05199 In the Matter of Joseph John M. (Anonymous), a/k/a Joseph M. (Anonymous). Administration for Children's Services, et al., petitioner-respondent; Maribel R. (Anonymous), appellant; et al., respondent. (Docket No. B-18194/00)

DECISION & ORDER ON MOTION

Appeal by Maribel R. from an order of the Family Court, Kings County, dated December 30, 2004. By order dated July 14, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person upon papers establishing that she was entitled to that relief and indicating that she is interested in pursuing the appeal on or before August 15, 2005. The appellant failed to do so. By order to show cause dated September 13, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made dismissing the appeal in the above-entitled proceeding.

Now, on the court's own motion, and the papers filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements.

FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31129

L/

2005-02864 In the Matter of Maspeth Avenue Operating Corp., petitioner, v Raymond P. Martinez, respondent. (Index No. 41410/04)

ORDER ON APPLICATION Application to Withdraw Proceeding

Application by the petitioner to withdraw a proceeding pursuant to CPLR article 78 in the nature of prohibition.

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 proceeding is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31145

M/nal

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-06839 In the Matter of Destiny O. (Anonymous). Suffolk County Department of Social Services, respondent; Kelly O. (Anonymous), appellant. (Docket No. N-7732-04)

DECISION & ORDER ON MOTION

Appeal by Kelly O. from an order of the Family Court, Suffolk County, dated June 15, 2005. By order to show cause dated September 19, 2005, the parties or their attorneys were directed to show cause 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 August 8, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and the papers filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated August 8, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

ADAMS, J.P., CRANE, S. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31020

M/nal

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM A. MASTRO

REINALDO E. RIVERA, JJ.

2005-06388 In the Matter of Dawn Poskitt, respondent, v Craig Colleran, appellant. (Docket No. F-01181/95)

DECISION & ORDER ON MOTION

Appeal by Craig Colleran from an order of the Family Court, Queens County, dated June 2, 2005. By order to show cause dated September 12, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 15, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated July 15, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31030

M/nal

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM A. MASTRO

REINALDO E. RIVERA, JJ.

2005-05604 In the Matter of Rozita Roshodesh, respondent, v Faramarz Roshodesh, appellant. (Docket Nos. V-03784-02, V-03862-02)

DECISION & ORDER ON MOTION

Appeal by Faramarz Roshodesh from an order of the Family Court, Queens County, dated May 9, 2005. By order to show cause dated September 9, 2005, the parties or their attorneys were directed to show cause 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 29, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated June 29, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31135

M/nal

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM A. MASTRO, JJ.

2005-06613 In the Matter of Gail Rotundi, respondent, v Douglas F. Rotundi, appellant. (Docket No. F-20852-03)

DECISION & ORDER ON MOTION

Appeal by Douglas F. Rotundi from an order of the Family Court, Suffolk County, dated June 6, 2005. By order to show cause dated September 20, 2005, 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 August 1, 2005, issued pursuant to 22 NYCRR 670.4(a)(5).

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

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

ORDERED that 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 16, 2005.

ADAMS, J.P., CRANE, S. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31026

M/nal

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM A. MASTRO

REINALDO E. RIVERA, JJ.

2005-06576 In the Matter of Debra Shapira, respondent, v Guy Shapira, appellant. (Docket No. F-09808-04)

DECISION & ORDER ON MOTION

Appeal by Guy Shapira from an order of the Family Court, Nassau County, dated May 25, 2005. By order to show cause dated September 12, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 18, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated July 18, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31154

M/nal

2005-08185 In the Matter of Douglas A. Thomas, appellant, v Joanne M. Lombardo, respondent. (Docket No. F-6866-04)

ORDER TO SHOW CAUSE

Appeal by Douglas A. Thomas from an order of the Family Court, Nassau County, dated August 3, 2005. By scheduling order dated September 14, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are 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 the scheduling order dated September 14, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 2, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31186

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-01365, 2005-01366 In the Matter of William V. (Anonymous). Administration for Children's Services, respondent; Ana C. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Catherine V. (Anonymous). Administration for Children's Services, respondent; Ana C. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Brian V. (Anonymous). Administration for Children's Services, respondent; Ana C. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-11340-99, N-11341-99, N-15998-00)

DECISION & ORDER ON MOTION

Appeals by Ana C. and Humbert V. from two orders of the Family Court, Queens County, dated October 21, 2001, and January 6, 2005, respectively. By order dated August 18, 2005, the appellant Ana C. was granted leave to renew a motion for leave to prosecute the appeal as a poor person upon papers establishing that she was entitled to that relief and indicating that she is interested in pursuing the appeal on or before September 16, 2005. The appellant has failed to do so. By order to show cause dated September 30, 2005, 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 of Ana C.

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

ORDERED that the appeal of Ana C. is dismissed, without costs or disbursements.

FLORIO, J.P., KRAUSMAN, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31065

M/nal

2005-09155 In the Matter of Brandon W. (Anonymous), appellant. (Docket No. E-5973-03)

SCHEDULING ORDER

Appeal by Brandon W. from an order of the Family Court, Orange County, dated September 22, 2005. 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 in 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, 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 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M30857

M/nal

2005-09415 In the Matter of Corey W. (Anonymous). Suffolk County Department of Social Services, respondent; John S. W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Kaila W. (Anonymous). Suffolk County Department of Social Services, respondent; John S. W. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-22042-04, N-22043-04)

SCHEDULING ORDER

Appeal by John S. W. from an order of the Family Court, Suffolk County, dated July 28, 2005. 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 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, 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 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M30884

M/nal

2005-09416, 2005-09417 In the Matter of Esperanza Weis, respondent, et al., petitioner, v Lorraine Rivera, et al., appellants. (Docket Nos. V-19861/04, V-19862/04)

SCHEDULING ORDER

Appeals by Lorraine Rivera and Jay Navarez from two orders of the Family Court, Suffolk County, both dated September 12, 2005. 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 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 proceeding to be transcribed for the appeals; or

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M31132

L/

2004-11172 In the Matter of Winsome White, appellant, v Marc Brown, respondent. (Docket Nos. V-02463-04, V-02464-04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated November 17, 2004.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30856

M/nal

2005-09227 In the Matter of Felicita Vazquez Williams, respondent, v Vincent T. Williams, appellant. (Docket Nos. V-2976-95, V-2977-95, V-1160-00, O-10633-05)

SCHEDULING ORDER

Appeal by Vincent T. Williams from an order of the Family Court, Suffolk County, dated August 24, 2005. 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 in 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, 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 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M31063

M/nal

2005-08517 In the Matter of Matthew Y. (Anonymous). Ohel Children's Home and Family Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Matania Y. (Anonymous). Ohel Children's Home and Family Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Mina Y. (Anonymous). Ohel Children's Home and Family Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Moshe Y. (Anonymous). Ohel Children's Home and Family Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. B-20683/03, B-20684/03, B-20685/03, B-20686/03)

SCHEDULING ORDER

Appeal by Ebrahim Y. from an order of the Family Court, Queens County, dated August 29, 2005. By decision and order on motion of this court dated October 7, 2005, the following attorney was assigned as counsel on the appeal:

Dawn M. Shammas, Esq.

89-31 161st Street- Suite 605

Jamaica, New York 11432

(917) 609-2975

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

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

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

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

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated October 7, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the 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 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M31033

M/nal

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM A. MASTRO

REINALDO E. RIVERA, JJ.

2005-06145 In the Matter of Shulamit Zirkiyeva, respondent, v Albert Shimunov, appellant. (Docket No. F-21072-03)

DECISION & ORDER ON MOTION

Appeal by Albert Shimunov from an order of the Family Court, Queens County, dated May 27, 2005. By order to show cause dated September 9, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 1, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated July 1, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31183

F/

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2002-00297 The People, etc., respondent, v Marvin Gedin, appellant. (Ind. No. 2827/00)

DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel and to Assign New Counsel

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Nassau County, rendered November 30, 2001, was granted on March 14, 2002. The following named attorney was assigned to prosecute the appeal:

Michael John Meenan, Esq.

200 Old Country Road - Suite 410

Mineola, New York 11501

On the court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:

Richard A. Mastrocola, Esq.

145 Willis Avenue

Mineola, New York 11501

and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; 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 (see 22 NYCRR 670.1, et seq.) and written directions.

FLORIO, J.P., KRAUSMAN, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31083

A/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

1998-02449, 1998-02793, 1998-02794, 1998-02923 The People, etc., respondent, v Darren McCall, appellant. (Ind. Nos. 97-00030, 97-00135, 97-00153, 97-00239)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from four judgments of the County Court, Rockland County, all rendered February 25, 1998, in effect, for leave to reargue a motion to unseal certain records pertaining to the judgment rendered under Indictment No. 97-00030 (Appellate Division Docket No. 1998-02449), which was determined by decision and order on motion of this court dated March 31, 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.

PRUDENTI, P.J., FLORIO, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31182

F/

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2001-03879 The People, etc., respondent, v Jose Mejia, appellant. (Ind. No. 1201/99)

DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel and to Assign New Counsel

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Nassau County, rendered April 27, 2001, was granted on June 18, 2001. The following named attorney was assigned to prosecute the appeal:

Michael John Meenan, Esq.

200 Old Country Road - Suite 410

Mineola, New York 11501

On the court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:

Steven Feldman, Esq.

626 EAB Plaza

West Tower - 6th Floor

Uniondale, New York 11556

and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; 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 (see 22 NYCRR 670.1, et seq.) and written directions.

FLORIO, J.P., KRAUSMAN, FISHER, and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court