Appellate Division: Second Judicial Department

M31161

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ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-07559 Samson Abrahamian, plaintiff, v Tak Chan, et al., defendants. (Action No. 1) (Index No. 25832/02) Anna Sliwowski, et al., respondents, v Tak Chan, et al., appellants, et al., defendants. (Action No. 2) (Index No. 5972/03)

DECISION & ORDER ON MOTION

Motion by the appellant Wladyslaw Olechowski to stay all proceedings, including the trial, in the above-entitled actions pending hearing and determination of appeals from an order of the Supreme Court, Queens County, dated May 3, 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 all proceedings, including the trial, in the above-entitled actions are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before November 18, 2005; and it is further,

 ORDERED that in the event the appeals are not perfected on or before November 18, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31245

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2005-07749 Elon Admony, et al., plaintiffs-respondents, v Freddie Jones, et al., defendants-respondents, Migual Zayas, appellant. (Index No. 5110/04 )

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M31249

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2005-03449, 2005-03451 American Roof Diagnostics & Services Inc., respondent, v M.H. Kane Construction Corp., et al., appellants. (Index No. 10764/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw appeals from an order of the Supreme Court, Queens County, dated January 20, 2005, and a judgment of the same court dated March 8, 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

M31241

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2005-05674 BP Real Estate Fund, LLC, appellant, v B&E Realty Co., et al., respondents. (Index No.13421/04)

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 May 26, 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

M31198

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HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2004-09359 Maria Elena Barajas, etc., et al., respondents- appellants, v Town of Mamaroneck, appellant- respondent, Lawrence Spindell, et al., respondents. (Index No. 12125-01)

DECISION & ORDER ON APPLICATION

Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered October 4, 2004.

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

ORDERED that the application is granted and the respondents-appellants' time to serve and file a brief is enlarged until December 5, 2005, and the respondents-appellants' brief, including their points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date.

H. MILLER, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31199

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2005-03565 Christina Boateng, respondent, v Motorcycle Safety School, Inc., appellant. (Index No. 34451/03)

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, Kings County, dated March 18, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 12, 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

M31224

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2005-01628, 2005-06019 Gernot Brinkmann, et al., appellants, v Adrian Carriers, Inc., et al., respondents. (Index No. 6935/04)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Nassau County, dated January 13, 2005, and May 25, 2005, respectively.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31203

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2005-06462 Jimecca Campbell, et al., plaintiffs-respondents, v PMJ Realty Corp., et al., defendant-respondent, Brooklyn Properties 3, LLC, et al., appellants. (Index No. 23564/01)

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 June 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

M31275

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2005-03850 Robert Castricone, respondent, v Debra Castricone, appellant. (Index No. 17056/98)

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 18, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 14, 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

M31262

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2005-08095 Yves Cham, respondent, v Gary S. Northover, appellant. (Index No. 38343/04)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated July 12, 2005.

Upon the stipulation of the parties, dated October 11, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31274

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2004-07573, 2004-08259 Adelaide Cohen, appellant, v Daniel Kretzschmar, et al., respondents. (Index No. 208/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from an order of the Supreme Court, Westchester County, dated August 11, 2004, and a judgment of the same court dated August 20, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 12, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31197

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2004-10134 Commercial Union Insurance Company, plaintiff respondent-appellant, Cezary Bartosiewicz, plaintiff-respondent, v Liberty Mutual Insurance Company, defendant respondent- appellant, United States Fidelity & Guaranty Company, appellant-respondent (and a third-party action). (Index No. 105/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent United States Fidelity & Guaranty Company to withdraw its appeal from an order of the Supreme Court, Nassau County, dated August 13, 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 by United States Fidelity & Guaranty Company is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31233

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2005-01817 "Jane Doe," appellant-respondent, v Richard J. Karpf, respondent-appellant. (Index No. 1078/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 1, 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

M31253

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2005-05772 DGF & Associates, Inc., respondent, v James Wilson, et al., appellants. (Index No. 13508/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 11, 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

M31204

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2005-03993 Joel Desir, et al., respondents, v Hector Sburlati, appellant. (Index No. 16582/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated January 14, 2005.

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

M31195

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2005-03628 Andrew Anthony Doria, appellant, v Yves Cassamajor, et al., respondents. (Index No. 44854/03)

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, Kings County, dated March 30, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 28, 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

M31265

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2004-10236, 2004-10237 Doris L. Sassower, P.C., appellant, v Beverly Girardi, respondent. (Index No. 16335/90)

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 July 2, 2004, and a judgment of the same court, entered July 2, 2004.

ORDERED that the application is denied, without prejudice to making a motion for the same relief.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31223

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2005-06424 Estate of Eileen Tosner, plaintiff, v Nassau County, et al., respondents, Peter J. Troy, appellant. (Index No. 3283/04)

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, Nassau County, dated March 7, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 12, 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

M31216

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2005-07229 Todd F. Farenga, respondent, v J&K Recovery, Inc., et al., appellants. (Index No. 14857/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 27, 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

M31269

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2005-01059, 2005-01060, 2005-01061, 2005-01062 Gladys Frankson, etc., et al., respondents, v Philip Morris, Inc., et al., appellants. (Index No. 24915/00)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from four orders of the Supreme Court, Kings County, one dated December 1, 2003, and three dated June 22, 2004, respectively.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 19, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the reply brief, if any, shall be served and filed on or before January 20, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31208

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2005-09253 Rosalia Friedman, respondent, v Crystal Ball Group, Inc., appellant. (Index No. 8851/05)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated September 15, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 29, 2005, and the respondent'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

M31247

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2005-05713 Victor M. Fuentes, appellant, v Esref Bodur, respondent. (Index No. 7212/02)

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 June 7, 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

M31239

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2005-07310 Gerlach Frames, Inc., respondent, v Magro Realty Associates, et al., appellants. (Index No. 37752/04)

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 June 14, 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

M31173

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2005-07354 Carol Glick, respondent, v Russell Glick, appellant. (Index No. 005888-99)

ORDER TO SHOW CAUSE

Appeal by Russell Glick from an order of the Supreme Court, Nassau County, dated May 5, 2005. By scheduling order dated September 8, 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 Supreme 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 8, 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 15, 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

M31202

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2005-05813 Greystone Staffing, Inc., plaintiff-respondent, v Jennifer Vincenzi, defendant-respondent, Winston Resources, LLC, et al., appellants. (Index No.4778/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, entered May 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

M31218

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2005-05638 Robert Hamilton, respondent, v Kompan Big Toys Northeast, Inc., appellant, et al., defendants. (Index No. 19063/01)

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 May 12, 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

M31227

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2005-02065 Hampton Valley Farm, Inc., et al., plaintiffs, Rose Ann Shearin, respondent, v Flower & Medalie, et al., appellants. (Index No. 22426/92)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated January 10, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 28, 2005, and the respondent'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

M31230

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2005-04485 Ramona Handelman, appellant, v Louis Siegelman, et al., respondents. (Index No. 11115/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Richmond County, dated March 23, 2005.

Upon the stipulation of the parties, dated October 3, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31248

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2005-05893 Elizabeth Hentschke, appellant, v Arthur Lee Holcomb, et al., respondents. (Index No. 27101/01)

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 28, 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

M31228

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2005-02182, 2005-03970 ITT Sheraton Corporation, et al., appellants, v Travelers Casualty & Surety Company, f/k/a Aetna Casualty & Surety Co., respondent. (Index No. 4944/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, dated January 24, 2005, and a judgment of the same court dated February 28, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until November 16, 2005, and the record or appendix on the appeals 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

M31238

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2005-09407 In Bo Shim, respondent, v Kimberly M. Parson, et al., appellants. (Index No. 20090/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 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

M31193

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2005-03739 Individuals Securities, Ltd., appellant, v American International Group, Inc., et al., respondents. (Index No. 982702)

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, Suffolk County, dated March 17, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 14, 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

M31267

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2005-03132, 2005-08424 International Shoppes, Inc., et al., appellants, v Arleigh Spencer, respondent. (Index No. 10559/04)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Nassau County, dated March 1, 2005, and June 30, 2005, respectively.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 5, 2005, and the respondent'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

M31167

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2005-07103 Thomas A. Jackson, respondent, v Kim Jackson, appellant. (Index No. 06296/96)

ORDER TO SHOW CAUSE

Appeal by Kim Jackson from an order of the Supreme Court, Suffolk County, dated June 20, 2005. By scheduling order dated September 8, 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 Supreme 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 8, 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 15, 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

M31244

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HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-05170 Ella Jampolskaya, respondent, v Victor Gomelsky, P.C., et al., appellants. (Index No. 25527/02)

DECISION & ORDER ON MOTION

Motion by the appellants Victor Gomelsky, P.C., and Victor Gomelsky on appeals from an order of the Supreme Court, Kings County, dated March 11, 2005, to stay the trial in the above-entitled action pending hearing and determination of the appeals.

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 appeals on condition that the appeals are perfected on or before November 20, 2005; and it is further,

ORDERED that in the event the appeals are not perfected on or before November 20, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

H. MILLER, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31215

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2005-05224 Brandy Jones, appellant, v National Amusements, Inc., et al., respondents. (Index No. 5678/01)

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 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

M31240

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2005-03365 Debra Keevan, et al., respondents, v Terry Rifkin, et al., defendants, North Shore University Hospital, appellant. (Index No.8357/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau 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

M31220

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2005-06249 Rosemarie Klie, respondent, v State Farm Insurance Company, appellant. (Index No. 28235/04)

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 June 2, 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

M31235

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2005-03323 Dominick LaRuffa, respondent, v Yui Ming Lau, appellant. (Index No. 27367/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, entered March 23, 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

M31255

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2005-06530, 2005-06531 Steven C. Legum, appellant, v Cairo Custom Shirts, Inc., et al., defendants, Mohamed I. Sadik, respondent. (Index No. 7783/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from two orders of the Supreme Court, Nassau County, dated June 10, 2004, and May 13, 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

M31261

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2005-05527 Jeannie M. Liegey, appellant, v Michael V. Liegey, respondent. (Index No. 19096/01)

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 29, 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

M31236

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2005-04469, 2005-04470 Peter C. Lomtevas, appellant, v Gisela Lomtevas, n/k/a Gisela Strom, respondent. (Index No. 11627/86)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from two orders of the Supreme Court, Queens County, dated April 14, 2005, and April 18, 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

M31226

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2005-07046 Georgia Manessis, plaintiff-respondent, v Chang Nam Song, et al., appellants, Lawrence John Gunther, defendant-respondent. (Index No. 3111/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated May 18, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 7, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31251

L/

2005-06504 Dorothy Marinelli, respondent, v Louis S. Sroka, appellant. (Index No. 18575/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 13, 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

M31214

S/sl

2005-03866 Ericka Miller, respondent, v Parhiscar Afshin, et al., apellants. (Index No. 48504/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 31, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 23, 2005, and the respondent'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

M31237

L/

2005-04484 Kumar Murrari, et al., appellants, v New York City Transit Authority, respondent. (Index No. 18246/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens 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

M31271

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-08582, 2005-08583 Jeffrey Nesse, appellant, v Deborah Nesse, respondent. (Index No. 202432/04)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, dated July 29, 2005, and September 6, 2005, respectively, to stay his incarceration pending hearing and determination of the appeals.

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., KRAUSMAN, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31263

L/

2005-04672 Richard Niedhardt, et al., respondents, v John Fischer, et al., appellants. (Index No. 28280/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Suffolk County, dated April 11, 2005.

Upon the stipulation of the parties, dated October 4, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31246

L/

2005-06430 Peter Ramos, respondent, v Gabriel Vasquez, appellant. (Index No. 22150/03)

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 May 12, 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

M31280

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-06506, 2005-06508 Anthony Rose, respondent, v Pamela Rose, appellant. (Index No. 43629/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from a decision and a judgment of the Supreme Court, Kings County, dated February 9, 2005, and April 28, 2005, respectively, as a poor person, and for the assignment of counsel.

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

ORDERED that on the court's own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal from the decision as a poor person and for the assignment of counsel to prosecute the appeal from the decision are denied as academic; and it is further,

ORDERED that the branches of the motion which are to dispense with printing and to waive the filing fee with respect to the appeal from the judgment are granted; and it is further,

ORDERED that the appeal from the judgment will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee, for free transcripts and for the assignment of counsel on the appeal from the judgment is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31225

L/

2005-05565 Joseph B. Rosenberg, et al., respondents, v Leonard Bley, et al., appellants. (Index No. 11792/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated April 20, 2005.

Upon the stipulation of the parties, dated August 31, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31207

S/sl

2004-07251, 2005-03422 Teri Sayegh, appellant, v Isaac Sayegh, respondent. (Index No. 34917/89)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Kings County, dated June 16, 2004, and October 13, 2004, respectively.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 3, 2005, and the respondent'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

M31191

T/sl

2005-02071 Jeanne Sirgant, respondent, v John J. Sirgant, appellant. (Index No. 2393/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Orange County, dated October 29, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 25, 2005, and the respondent'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

M31210

S/sl

2005-02084 Regina Smith, et al., appellants, v Leslie G. Nameth, defendant, County of Dutchess, et al., respondents. (Index No. 2514/03)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Dutchess County, dated February 14, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 25, 2005, and the respondents' brief must be filed on or before that date; and it is further,

ORDERED that the reply brief, if any, shall be served and filed on or before November 7, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31217

L/

2005-05618 Tommie Smoot, respondent, v Gregory St. Louis, et al., appellants, et al., defendants. (Index No. 17420/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 4, 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

M31256

L/

2005-08450 Saundra Sutton, etc., et al., plaintiffs-respondents, v Brooklyn Hospital Center, et al., defendants- respondents, Constantin Papadopoulos, appellant. (Index No. 1766/96)

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 26, 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

M31213

S/sl

2005-01930, 2005-03847 Brenda Taylor, respondent, v Judith Greenwald, et al., appellants. (Index No. 27630/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Kings County, dated January 21, 2005, and March 24, 2005, respectively.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31222

L/

2005-00618 10 Holder Apartments Corporation, plaintiff/ counterclaim defendant-respondent, v Boris Loshak, et al., defendants/counterclaim plaintiffs- appellants; Richard Cleary, et al., counterclaim defendants-respondents. (Index No. 3120/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 13, 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

M31250

L/

2004-11317 Jeremias Torres, etc., et al., respondents, v City University of New York, et al., respondents- appellants, Dormitory Authority of the State of New York, appellant-respondent, Board of Education of the City of New York, et al., respondents. (Index No. 19989-02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondents-appellants to withdraw their cross appeal from an order of the Supreme Court, Queens County, dated November 5, 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 cross appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31268

S/sl

2005-03994 Angela Torres, etc., et al., respondents, v New York City Housing Authority, appellant. (Index No. 2121/02)

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, Queens County, dated February 24, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 13, 2006, 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

M31212

L/

2005-06607 U.S. Bank National Association, plaintiff, v Victor Galazzo, et al., defendants-respondents, Louise Florio, appellant, et al., defendant. (Index No. 2421/03)

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 June 14, 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

M31254

L/

2005-05773 Barbara Walsh, et al., appellants, v Carl Schmigelski, et al., respondents, et al., defendant. (Index No. 187/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 4, 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

M31252

L/

2005-05956 Michael C. White, et al., respondents, v Salvatore Guerrera, appellant. (Index No. 29992/03)

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 May 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

M31181

M/nal

2005-02523 Michael Zafran, appellant, v Lisa Zafran, respondent. (Index No. 26917-98)

SCHEDULING ORDER

Appeal by Michael Zafran from an order of the Supreme Court, Nassau County, dated February 4, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 7, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

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

M31277

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-07552 In the Matter of Zev Asch, respondent, v Laura Asch, appellant. (Docket No. F-09855-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated June 24, 2005, as a poor person, to waive the filing fee, for free transcripts, to dispense with printing 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 leave to dispense with the printing is denied as unnecessary (see Family Ct Act § 1116); and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31232

L/

2005-04283 In the Matter of D&D Mason Contractors, Inc., et al., petitioners, v Linda Angello, etc., et al., respondents.

ORDER ON APPLICATION Withdraw Proceeding on Stipulation

Proceeding pursuant to Labor Law § 220.

Upon the stipulation of the parties, dated August 29, 2005, it is

ORDERED that the proceeding is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31170

M/nal

2005-07771 In the Matter of Daniel Dobbins, respondent, v Nancy Vartabedian, appellant. (Docket No. V-2596-98)

ORDER TO SHOW CAUSE

Appeal by Nancy Vartabedian from an order of the Family Court, Suffolk County, dated July 7, 2005. By scheduling order dated September 8, 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 8, 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 15, 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

M31163

M/nal

2005-07240 In the Matter of Louis Galanos, respondent, v Suzanne Galanos, appellant. (Docket Nos. V-5192-03, V-5193-03)

SCHEDULING ORDER

Appeal by Suzanne Galanos from an order of the Family Court, Dutchess County, dated July 1, 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 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 October 24, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31192

M/nal

2005-05931 In the Matter of Joanne Garland, respondent, v George Garland, appellant. (Docket No. F-161-01)

SCHEDULING ORDER

Appeal by George Garland from an order of the Family Court, Nassau County, dated May 25, 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 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 October 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31278

S/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

STEVEN W. FISHER, JJ.

2005-06281 In the Matter of Jacqueline Grigoli, appellant, v Carmine Grigoli, respondent. (Docket No. V-01889-05)

DECISION & ORDER ON MOTION

Appeal by Jacqueline Grgoli from an order of the Family Court, Richmond County, dated June 29, 2005. By decision and order on motion dated September 14, 2005, the appellant was granted leave to prosecute the appeal as a poor person,

Now, on the court's own motion, it is

ORDERED that the stenographer(s) and/or the transcription service(s) is/are directed to provide the transcripts of the proceedings on an expedited basis.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial DepartmentM31086

E/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-00630 In the Matter of Javon H. (Anonymous), appellant. (Docket No. E-27043-02)

DECISION & ORDER ON MOTION

Motion by Milagros Martinez, a court reporter, on an appeal from an order of the Family Court, Kings County, dated December 23, 2003, to vacate a decision, order, and judgment on motion of this court dated August 25, 2005, which, inter alia, adjudged her in contempt for failing to follow the mandate of this court in the above-entitled proceeding and directed her imprisonment for a period of 30 days.

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 to the extent that so much of the decision, order, and judgment on motion of this court dated August 25, 2005, as imposed a sentence of imprisonment upon the court reporter, Milagros Martinez, is vacated; and it is further,

ORDERED that the decision, order, and judgment of this court dated August 25, 2005, is amended by (1) deleting from the fourth decretal paragraph thereof the words "shall be imprisoned under the jurisdiction of the Sheriff of Kings County for a period of 30 days and," and (2) deleting therefrom the fifth and sixth decretal paragraphs; and it is further,

ORDERED that within 20 days of service upon her of a copy of this decision and order on motion, Milagros Martinez shall pay the fine imposed by depositing the sum of $250 with the Clerk of this court, either by cash or check, to be transmitted to the office of the State Comptroller; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon counsel for the parties and the movant by regular mail.

FLORIO, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31257

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-07638, 2005-07639, 2005-07640, 2005-07641 In the Matter of Pritpal Kainth, respondent, v Inder Kainth, appellant. (Proceeding No. 1) (Docket No. F-1506-00/05F)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from four orders of the Family Court, Suffolk County, all dated June 17, 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 on the court's own motion, the appeal from the order dated June 17, 2005 (Appellate Division Docket No. 2005-07638), dismissing the petition for downward modification of the petitioner's child support obligation, is dismissed, without costs or disbursements, as that order is not appealable (see Family Ct Act 439[e]); and it is further,

ORDERED that the branch of the motion which is to for leave to prosecute the appeal from the order dated June 17, 2005 (Appellate Division Docket No. 2005-07638) as a poor person is denied as academic; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the remaining appeals as a poor person and for the assignment of counsel to represent the appellant on the remaining appeals are denied with leave to the appellant to renew, on or before November 14, 2005, upon the submission of proper papers establishing that the appellant is entitled to poor person relief.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31168

M/nal

2005-01268 In the Matter of Vito G. L. (Anonymous), appellant. (Docket No. D-049-04)

SCHEDULING ORDER

Appeal by Vito G. L. from an order of the Family Court, Nassau County, dated November 30, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 11, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

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

M31166

M/nal

2005-03292 In the Matter of Vivian Lerner, respondent, v David H. Relkin, appellant. (Docket Nos. F-24-01, F-2616-03, F-2617-03)

SCHEDULING ORDER

Appeal by David H. Relkin from an order of the Family Court, Rockland County, dated March 1, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 12, 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 respondent's brief shall be served and filed within 30 days of the date of this order.

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

M31169

M/nal

2005-07708 In the Matter of Robert Livingstone, appellant, v Bonnie Livingstone, respondent. (Docket No. O-04796-05)

ORDER TO SHOW CAUSE

Appeal by Robert Livingstone from an order of the Family Court, Nassau County, dated June 29, 2005. By scheduling order dated September 8, 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 8, 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 15, 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

M31205

T/sl

2005-03881 In the Matter of Mary T. Lucere, appellant, v Fulton Investment Fund, LLC, et al., respondents. (Index No. 15742/04)

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, Nassau County, entered March 3, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31234

L/

2005-01958, 2005-02147 In the Matter of Margaret A. McKeown, deceased. Kevin McKeown, appellant; Mary Megan Virga, et al., respondents. (File No. 2239/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from two orders of the Surrogate's Court, Westchester County, both dated January 12, 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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31185

M/nal

2005-03633 In the Matter of Sylvia Faison Price, respondent, v Jason Raynard Price, appellant. (Docket No. F-01495-02)

ORDER TO SHOW CAUSE

Appeal by Jason Raynard Price from an order of the Family Court, Richmond County, dated March 9, 2005. By decision and order on motion of this court dated August 25, 2005 the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before September 30, 2005. The appellant has failed to do so. 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 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 15, 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

M31179

M/nal

2005-05163 In the Matter of Candita Rawlins, respondent, v Arthur Kevin Williams, appellant. (Docket No. F-1599-04)

SCHEDULING ORDER

Appeal by Arthur Kevin Williams from an order of the Family Court, Nassau County, dated May 20, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 7, 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 respondent's brief shall be served and filed within 30 days of the date of this order.

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

M31190

T/sl

2004-11249 In the Matter of Daniel Rincon, petitioner, v Donald Selsky, etc., et al., respondents. (Index No. 1713/04)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated November 18, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 25, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30872

A/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-06795 In the Matter of State-Wide Insurance Company, appellant, v Victoria Jackson Murell, respondent; State Farm Insurance Company, et al., proposed additional respondents. (Index No. 15389/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay arbitration pending between the parties, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 13, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31219

T/sl

2005-04197 In the Matter of Theodore T. (Anonymous), appellant; Charles T. (Anonymous), respondent; Howard L. Rhine, intervenor-respondent. (Index No. 100078/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated March 22, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 2, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31259

L/

2005-01194 In the Matter of 2222 Management Corp./ Katz Realty Management, et al., petitioners, v City of New York, et al., appellants, K.P. Realty, LLC, respondent. (Index Nos. 23545/04, 24645/04, 26616/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw appeals from an order of the Supreme Court, Kings County, dated December 15, 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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31187

M/nal

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 decision and order on motion of this court dated May 16, 2005, the appellant Humbert V. was granted leave to renew a motion for leave to prosecute the appeals as a poor person on or before June 27, 2005. The appellant Humbert V. 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 in the above-entitled proceeding.

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 Humbert V. 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

M31165

M/nal

2005-05898, 2005-05899 In the Matter of Israel Valle, appellant, v Ventura Valle, respondent. (Docket Nos. O-08704-05, O-014214-02)

SCHEDULING ORDER

Appeals by Israel Valle from two orders of the Family Court, Queens County, both dated May 13, 2005. By decision and order on motion of this court dated September 20, 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 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 of the Family Court proceeding to be transcribed for the appeals; or

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

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

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should 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

M31273

S/sl

2004-11295, 2005-04179 In the Matter of Village of Scarsdale, et al., appellants, v New York City Water Board, respondent. (Index No. 13254/98)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Westchester County, dated October 22, 2004, and entered March 23, 2005, respectively.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 17, 2005, and the respondent'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

M31272

S/sl

2005-01924 In the Matter of Village of Sleepy Hollow, etc., et al., respondents-appellants, v Board of Trustees of Village of Tarrytown, et al., appellants-respondents. (Proceeding No. 1) (Index No. 5940/04) In the Matter of Roseland/Sleepy Hollow, LLC, respondent, v Board of Trustees of Village of Tarrytown, et al., appellants. (Proceeding No. 2) (Index No. 17661/04)

ORDER ON APPLICATION

Application by the respondents-appellants in Proceeding No. 1 pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and cross appeals from an order of the Supreme Court, Westchester County, dated January 31, 2005.

ORDERED that the application is granted, the time of the appellants and the appellants-respondents to perfect their appeals is enlarged until December 12, 2005, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the brief of the appellants-respondents and the appellants must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering briefs, including their points of argument on their cross appeals, 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

M31211

T/sl

2005-04227 In the Matter of Steven J. Willard, et al., plaintiffs-respondents, v Robert Meehan, etc., et al., defendants-respondents, Antonio Carozza, et al., appellants. (Index No. 4532/02)

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, Westchester County, dated April 1, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 28, 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

M31164

M/nal

2005-00344 In the Matter of Mona D. Wood, respondent, v Randy Brown, appellant. (Docket No. O-02269-04)

SCHEDULING ORDER

Appeal by Randy Brown from an order of the Family Court, Richmond County, dated December 16, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 12, 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 respondent's brief shall be served and filed within 30 days of the date of this order.

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

M30917

F/

ROBERT A. SPOLZINO, J.

2005-08263 The People, etc., plaintiff, v Rudolph Rossi, defendant. (Ind. No. 2995/86)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 28, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

ROBERT A. SPOLZINO

Associate Justice

Appellate Division : Second Judicial Department

M30918

F/

ROBERT A. SPOLZINO, J.

2005-07250 The People, etc., plaintiff, v Harry Velasquez, defendant. (Ind. No. 4306/97)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated June 15, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

ROBERT A. SPOLZINO

Associate Justice