Appellate Division: Second Judicial Department

M31317

L/

2005-01197 Loretta Abraham, respondent, v City of New York, et al., appellants, et al., defendants. (Index No. 36665/03)

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M31352

L/

2005-01199 Loretta Abraham, respondent, v City of New York, et al., appellants, et al., defendants. (Index No. 36665/03)

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M31332

L/

2004-06000 BRG Queens, LLC, respondent, v Medical Investor Associates, L.P., appellant, et al., defendant. (Index No. 2589/04)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated June 7, 2004.

Upon the stipulation of the parties, dated October 5, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31285

S/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-03715 Clement Bhola, appellant, v Shirley Krivisky, etc., et al., respondents. (Index No. 13894/01)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from a decision of the Supreme Court, Queens County, dated March 17, 2005.

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

ORDERED that the appeal 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).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31286

S/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-08028 Oswald Boncoeur, appellant, v Murielle Boncoeur, respondent. (Index No. 5411/99)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from a decision of the Supreme Court, Rockland County, dated July 7, 2005.

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

ORDERED that the appeal 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).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31294

S/sl

2005-02139 Helen Brooks, et al., appellants-respondents, v Judlau Contracting, Inc., defendant third-party plaintiff respondent-appellant; Stephen Brooks, third-party defendant-respondent. (Index No. 30239/99)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated December 10, 2004.

ORDERED that the application is granted and the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before November 7, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the third-party defendant-respondent shall serve and file his brief on or before December 12, 2005; the appellants-respondents shall serve and file their reply brief on or before January 17, 2006; and the respondent-appellant shall serve and file its reply brief, if any, on or before February 14, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31329

L/

2005-06245 Tony Cafaro, respondent, v Victor Rodriguez, et al., defendants, M&T Mortgage Corporation, appellant. (Index No. 18245/00)

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 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

M31328

L/

2005-07327 William Comis, et al., respondents, v Kyung Hyun, et al., appellants. (Index No. 507/04)

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 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

M31380

A/nal

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-08727 Carolina Cristofaro, et al., plaintiffs, v Eastern Savings Bank, defendant third-party plaintiff-respondent; Unity Building Services, Inc., third-party defendant-appellant. (Index No. 1439/03)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered August 15, 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.

ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31372

T/nal

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-02047 John Doxey, et al., respondents-appellants, v Glen Cove Community Development Agency, et al., appellants-respondents, et al., defendant. (Index No. 014434/04)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered February 3, 2005, to stay the trial in the above-entitled action pending hearing and determination of the appeal and cross appeal.

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

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

ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31321

L/

2005-05482 Jennifer Dreitlein, et al., plaintiffs-respondents, v Stop & Shop Supermarket Company, defendant- respondent, DLC Management Corporation, appellant. (Index No. 1148/05)

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

M31287

S/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-03613 Juan Vincente Echeverria, respondent, v Estate of Marvin L. Linder, et al., defendants, JEK Enterprises, Inc., et al., appellants. (Index No. 18666/02)

DECISION & ORDER ON MOTION

Appeal by the JEK Enterprises, Inc., and Kenny Doyle from a decision of the Supreme Court, Nassau County, dated March 2, 2005.

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

ORDERED that the appeal 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).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31295

S/sl

2005-01824 Rita Fischer, etc., appellant, v Evan M. Bloom, etc., et al., respondents, et al., defendants. (Index No. 17735-02)

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, Nassau County, dated December 30, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 23, 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

M31316

A/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2004-09834 Fremont Investment and Loan, respondent, v Miguel A. Jimenez, et al., appellants, et al., defendants. (Index No. 3278/04)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from a judgment of the Supreme Court, Westchester County, dated August 13, 2004, for leave to reargue the respondent's prior motion to dismiss the appeal on the ground that it had been rendered academic, which was determined by decision and order on motion of this court dated March 31, 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, with $100 costs.

FLORIO, J.P., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31320

L/

2005-04166 Laura W. Fuller, appellant, v Dana A. Fuller, respondent. (Index No. 27460/04)

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 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

M31310

L/

2005-03983 Jewel Hirsch, plaintiff-respondent, v City of New York, defendant-appellant, Tri-Messine Construction Co., third-party defendant-appellant, Consolidated Edison of New York, defendant- respondent. (Index No. 12160/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Tri-Messine Construction Co., to withdraw its appeal from an order of the Supreme Court, Queens County, dated December 22, 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 by Tri-Messine Construction Co. is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31282

E/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-02776 Syed Jaffery, et al., appellants, v MacMillan & Webb Enterprises, Inc., etc., a/k/a MacMillan & Webb Enterprises, respondent. (Index No. 28182/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated February 10, 2005, to strike the record on appeal and the appellant's brief on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief. Cross motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is to strike the record on appeal is granted to the extent that page 31 and pages 158 through 162 of the record on appeal are stricken, and on or before November 4, 2005, the appellants shall delete or remove those pages from the copies of the record on appeal on file with the Clerk of this court or serve and file a replacement record on appeal that does not contain the stricken material, and that branch of the motion is otherwise denied; and it is further,

 ORDERED that the branch of the motion which is to strike the appellants' brief is granted to the extent that (1) the fourth line on page two beginning "The summons" through "(R.31) and" on the fifth line, (2) the page reference "31," in the last line of the first paragraph on page three, (3) the last sentence of the second paragraph on page three beginning "Respondent was served" through the end of that paragraph, and (4) footnote one on page nine of the appellants' brief are stricken, and on or before November 4, 2005, the appellants shall delete or remove that material from the copies of the appellants' brief on file with the Clerk of this court or serve and file a replacement brief that does not contain the stricken material, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as academic; and it further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31324

L/

2005-03371 Linda Katz, appellant, v Veronica L. Uez, respondent. (Index No. 14307/03)

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 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

M31180

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-09194, 2005-09197 Kay Foundation, etc., appellant, v S&F Towing Service of Staten Island, Inc., et al., respondents. (Index No. 12140/01)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Richmond County, dated July 22, 2005, and July 27, 2005, respectively, inter alia, for leave to appeal from the order dated July 27, 2005 and to stay enforcement of so much of the order dated July 27, 2005, as directed the discharge of a certain mortgage recorded March 2, 1993, covering Block 197, Lot 3, in Richmond County, 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 branch of the motion which is to for leave to appeal from the order dated July 27, 2005, is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of so much of the order dated July 27, 2005, as directed the discharge of a certain mortgage recorded March 2, 1993, covering Block 197, Lot 3, in Richmond County, is granted and enforcement of so much of the order dated July 27, 2005, as directed the discharge of the subject mortgage, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before November 21, 2005; and it is further,

 ORDERED that in the event the appeals are not perfected on or before November 21, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; 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

M31349

R/nal

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

FRED T. SANTUCCI

ROBERT A. LIFSON, JJ.

2004-08840, 2005-02173 Neil Kerman, respondent, v Martin Friedman, C.P.A., P.C., et al., appellants. (Index No. 5258/02)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue appeals from two orders of the Supreme Court, Kings County, dated September 7, 2004, and January 31, 2005, which were determined by decision and order of this court dated September 19, 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 denied, with $100 costs.

PRUDENTI, P.J., COZIER, SANTUCCI and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31381

Y/nal

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

DAVID S. RITTER

GLORIA GOLDSTEIN, JJ.

2003-09184 Stanislaw Majlinger, appellant, v Cassino Contracting Corp., et al., defendants-respondents, Jack Thaon, et al., defendants third-party plaintiffs-respondents, et al., defendants; Alum-A-Pole Corp., third-party defendant- respondent; Eliot Spitzer, etc., intervenor. (Index No. 12301/01)

DECISION & ORDER ON MOTION

Motion by Cassino Contracting Corp. and Veteran Properties, Inc., joined by Celebration, LLC, pursuant to CPLR 5602(b)(1) for leave to appeal to the Court of Appeals from an opinion and order of this court dated September 19, 2005, which determined an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated October 1, 2003.

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

ORDERED that the motion is granted, and the following question is certified to the Court of Appeals: Was the opinion and order of this court dated September 19, 2005, properly made?

Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31103

A/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2003-09754 Rose Malaga, a/k/a Rose Colombo, respondent, v Cesar A. Malaga, appellant. (Index No. 8328/89)

DECISION & ORDER ON MOTION

Motion by the respondent pro se, inter alia, for leave to reargue an appeal from an amended judgment of divorce of the Supreme Court, Suffolk County, entered September 29, 2003, which was determined by decision and order of this court dated April 25, 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 no papers having been filed in opposition or 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

M31308

L/

2005-03459, 2005-03460 Ovidiu Marculescu, plaintiff-respondent, v Alexander Ovanez, et al., appellants, Jenny James, defendant-respondent. (Index No. 17369/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Berdj Saroyan, to withdraw appeals from two orders of the Supreme Court, Queens County, dated September 16, 2004, and December 9, 2004, 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 by Berdj Saroyan are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31325

L/

2005-05535 James P. McCall, apellant, v Geico, Bilello & Walisever, et al., respondents. (Index No. 30019/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated March 9, 2005.

Upon the stipulation of the parties, dated September 22, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31327

L/

2005-04954 Timothy B. McQuade, appellant, v Nancy McQuade, respondent. (Index No. 11781/98)

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 January 19, 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

M31331

L/

2005-04145 Joseph B. Michel, respondent, v Ofelia Bartolome Imperio, appellant, et al., defendant. (Index No. 47462/03)

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 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

M31302

E/sl

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2004-09346 Grace Miller, respondent, v Robert A. Miller, appellant. (Index No. 7092/04)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated September 15, 2004.

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

ORDERED that the motion is denied.

ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31344

L/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-07241 Ralph Mitchell, et al., respondents, v Wilbert Vines, appellant, AA Truck Renting Corp., defendant. (Index No. 9698/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 13, 2004.

Upon the stipulation of the attorneys for the respective parties, dated September 6, 2005, it is

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

H. MILLER, J.P., CRANE, KRAUSMAN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31323

L/

2005-04209 Peter J. O'Malley, respondent, v Grace D. O'Malley, appellant. (Index No. 20973/04)

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 March 31, 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

M31311

Y/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-08351 Eleonora Pankratova, plaintiff, v Aleksandr Seleznov, defendant. (Index No. 8006/03)

DECISION & ORDER ON MOTION

Motion by Aleksandr Seleznov for leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 15, 2005, to stay enforcement of the order, and for 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 for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31289

S/sl

2005-03790 Rael Automatic Sprinkler Company, Inc., plaintiff, v Schaefer Agency, defendant third-party plaintiff-appellant; Utica Mutual Insurance Company, third-party defendant- respondent, et al., third-party defendant. (Index No. 04-013955)

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 April 4, 2005.

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

M31304

E/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

FRED T. SANTUCCI

PETER B. SKELOS, JJ.

2005-04979 Rockhill Development Corp., respondent. v CDIAX Montauk Realty, Inc., et al., appellants. (Index No. 7465/03)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated March 11, 2005, in effect, to amend so much of a decision and order on motion of this court dated June 21, 2005, as amended by a decision and order on application of this court dated July 28, 2005, as conditioned a stay of enforcement of the order and judgment directing specific performance of the contract for the sale of real property upon their perfection of the appeal on or before August 24, 2005, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the stipulation of the parties dated August 25, 2005, it is

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

ORDERED that the decision and order on motion of this court dated June 21, 2005, as amended by the decision and order on application of this court dated July 28, 2005, is amended by deleting from the decretal paragraphs thereof the date "August 24, 2005," and substituting therefor the date "November 21, 2005;" and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until November 21, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further extensions or enlargements of time shall be granted.

SCHMIDT, J.P., S. MILLER, SANTUCCI and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31330

L/

2005-06522 Jose Romero, respondent, v Team Fleet Financing Corp., appellant, et al., defendant. (Index No. 19089/03)

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 June 16, 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

M31276

S/sl

2005-04464 S & I Property Management, LLC, etc., plaintiff respondent-appellant, v Montague-Lee Limited Partnership, defendant third-party plaintiff appellant-respondent; Kwang N. Park, third-party defendant-respondent, et al., third-party defendants. (Index No. 350787/03)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 4, 2005.

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until January 4, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; 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

M31288

S/sl

2005-03964 Susan E. Santantasio, appellant, v Philip Santantasio, respondent. (Index No. 5916/03)

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, Rockland County, dated March 18, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 11, 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

M31322

L/

2005-06457 Dimitrius Sarris, et al., plaintiffs-respondents, v Tesfub Woldemariam, et al., defendants- respondents, Rafael D. Perez, et al., appellants. (Index No. 22768/02)

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 March 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

M31300

A/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-03542 Anthony J. Sclafani, etc., appellant, v Barilla America, Inc., respondent. (Index No. 7842/03)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this court, dated June 20, 2005, which determined an appeal from an order of the Supreme Court, Kings County, dated February 18, 2004.

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

ORDERED that the motion is denied.

S. MILLER, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31314

Y/nal

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2004-09691, 2005-06978, 2005-06981, 2005-07265 Adam L. Shapiro, et al., respondents, v William Pagan, et al., appellants. (Index No. 16564/01)

DECISION & ORDER ON MOTION

Motions by the appellants (1) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated May 17, 2004 (Appellate Division Docket No. 2004-09691), (2) stay the entry of judgment in the above-entitled action pending the hearing and determination of that appeal and appeals from three orders of the same court dated September 10, 2004, November 10, 2004, and June 1, 2005 (Appellate Division Docket Nos. 2005-06978, 2005-06981, 2005-07265), respectively, and (3) to enjoin the respondents from publishing the judgment.

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

ORDERED that on the court's own motion, the appeals are dismissed, without costs or disbursements, as the right of direct appeal from the orders terminated with the entry of the judgment dated August 30, 2005, in the action (see Matter of Aho, 39 NY2d 241, 248); and it is further,

ORDERED that the motion to enlarge the time to perfect and to stay the entry of judgment are denied as academic; and it is further,

ORDERED that the motion to enjoin the respondents from publishing the judgment 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

M31326

L/

2005-04571 Margaret Smith, et al., respondent, v Michael D'Esposito, et al., defendants, Steven Wilkins, appellant. (Index No. 31009/02)

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 March 31, 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

M31291

S/sl

2005-02538 Universal Underwriters Acceptance Corp., respondent, v Peerless Insurance Company, appellant, et al., defendants. (Index No. 1140/04)

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 an appeal from an order of the Supreme Court, Nassau County, dated February 14, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 14, 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

M31292

S/sl

2005-03009 Lloyd Wein, et al., respondents, v Amato Properties, LLC, etc., et al., appellants. (Index No. 11772/02)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 18, 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

M31334

A/nal

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA, JJ.

2005-06796 Wen Zong Yu, appellant, v Hua Fan, respondent. (Index No. 19503/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Queens County, dated May 31, 2005, inter alia, for leave to reargue a motion to stay enforcement of the order pending hearing and determination of the appeal, which was determined by decision and order on motion of this court dated August 9, 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, with $100 costs.

PRUDENTI, P.J., S. MILLER, KRAUSMAN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31350

C/nal

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2004-05870 In the Matter of Gloria Blaize, respondent, v Joel L. Klein, et al., appellants. (Index No. 27725/03)

DECISION & ORDER ON MOTION

Motion by the Council of School Supervisors and Administrators for leave to file an amicus curiae brief on an appeal from a judgment of the Supreme Court, Kings County, dated May 12, 2004.

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31319

L/

2005-04332, 2005-04334 In the Matter of Kevin Burnett, et al., petitioners-respondents, v New York State Department of Health, appellant, Nassau County Department of Social Services, nonparty- respondent. (Index No. 26026/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from two orders of the Supreme Court, Nassau County, dated February 10, 2005, and 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

M31337

A/nal

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-09166 In the Matter of William Thomas Clark, et al., appellants, v Town of North Salem, et al., respondents. (Index No. 7860/05)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to enjoin the respondents John J. Pezzillo and Michele Pezzillo from engaging in any construction on the subject property, and, in effect, to stay all proceedings in the above-entitled matter, pending hearing and determination of an appeal from a judgment of the Supreme Court, Westchester County, entered August 29, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31290

Y/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-08256 In the Matter of Nettie Gilchrest, et al., petitioner, v Alisa Patterson, etc, et al., respondents. (Docket No. V-8417-05)

DECISION & ORDER ON MOTION

Motion by Alisa Patterson for leave to appeal to this court from an order of the Family Court, Westchester County, entered June 29, 2005, and for 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 for leave to appeal is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31299

Y/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2004-00941 In the Matter of Jacob Heller, deceased. Sandra Davis, etc., appellant-respondent; Herbert M. Heller, et al., respondents-appellants. (File No. 159/87)

DECISION & ORDER ON MOTION

Motion by Sandra Davis for leave to reargue an appeal from an order of the Surrogate's Court, Westchester County, dated January 20, 2004, which was determined by opinion and order of this court dated August 15, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion 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 branch of the motion which is for leave to reargue is denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is granted, and the following question is certified to the Court of Appeals: Was the opinion and order of this court dated August 15, 2005, properly made?

 Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

ADAMS, J.P., SANTUCCI, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31318

A/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2001-04083 In the Matter of Elizabeth Maldonado, respondent, v Andy Reyes, appellant. (Docket No. P-5072-98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to reargue an appeal from an order of the Family Court, Kings County, dated April 10, 2001, which was determined by decision and order of this court dated December 8, 2003.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., COZIER, S. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31301

A/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

STEVEN W. FISHER, JJ.

2005-00060 In the Matter of Clarence Norman, Jr., petitioner, v Charles J. Hynes, etc., et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to reargue an opinion and judgment of this court dated July 5, 2005, which, in a proceeding pursuant to CPLR article 78 in the nature of prohibition, denied the petition and dismissed the proceeding, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and judgment of this court.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31303

Y/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-07948 In the Matter of Nathaniel Robinson, Jr., respondent, v Health & Hospital Corporation, et al., appellants. (Index No. 9455/05)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for summary affirmance of an appeal from a judgment of the Supreme Court, Queens County, dated July 28, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31343

R/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-09234 In the Matter of Valerie J. Williams, petitioner, v Aubrey C. Williams, Jr., respondent. (Docket Nos. V-00398/97, V-10564/05)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to this court from an order of the Family Court, Nassau County, dated September 26, 2005, and to stay enforcement of the order pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31010

Y/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-01200 The People, etc., respondent, v Tremaine Alexander, appellant. (Ind. No. 638/03)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the County Court, Nassau County, rendered January 30, 2004, and cross motion by the appellant to enlarge time to perfect that appeal.

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

ORDERED that the cross motion is granted, and the appellant's counsel shall perfect the appeal expeditiously in accordance with the rules and written directives of this court (see 22 NYCRR 670.1, et seq.); and it is further,

ORDERED that the motion by the respondent to dismiss the appeal is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31283

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-07868 The People, etc., respondent, v Sandra Gray, appellant. (Ind. No. 1376/04)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 23, 2005, as a poor person and for the assignment of counsel.

ORDERED that on the court's own motion, the appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), and the appellant has not sought leave to file a late notice of appeal by filing an affidavit on that issue with the Clerk of this court on or before November 25, 2005; and it is further,

ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined by ordinary mail pursuant to CPL 470.60(2), and upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31099

A/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2002-09378 The People, etc., respondent, v Wuilian Salazar, appellant. (Ind. No. 3716/00)

DECISION & ORDER ON MOTION

Motion by the appellant, pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from a decision and order of this court, dated March 7, 2005, which affirmed a judgment of the Supreme Court, Queens County, rendered September 30, 2002.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31109

C/nal

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-08144, 2005-08145 The People, etc., respondent, v Charles Spadaro, appellant. (Ind. Nos. 1130/01, 7202/04)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the Supreme Court, Kings County, both rendered April 20, 2005, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is pursuant to CPL 460.30 for an extension of time to take the appeals is denied as unnecessary, as the notice of appeal was timely filed; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals as a poor person, and for the assignment of counsel, is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31284

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-08106 The People, etc., respondent, v Levern Steward, appellant. (Ind. No. 02318/04)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a purported judgment of the County Court, Nassau County, rendered July 27, 2005, as a poor person and for the assignment of counsel.

ORDERED that on the court's own motion, the appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appeal was taken from the verdict after trial and a judgment has not yet been rendered by filing an affidavit on that issue with the Clerk of this court on or before November 25, 2005; and it is further,

ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined by ordinary mail pursuant to CPL 470.60(2), and upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31305

A/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

THOMAS A. ADAMS

SONDRA MILLER, JJ.

2002-02445 The People, etc., respondent, v Nathaniel Storms, appellant. (Ind. No. 2856/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this court dated December 22, 2003, affirming a judgment of the Supreme Court, Kings County, rendered March 7, 2002, which was determined by decision and order of this court dated June 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.

PRUDENTI, P.J., H. MILLER, ADAMS and S. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31281

S/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-11372 The People, etc., respondent, v Oscar Urena, appellant. (Ind No. 1482/00)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered November 26, 2002. By order to show cause dated August 24, 2005, the appellant was directed to show cause why an order should or should not be entered dismissing the appeal on the ground that the above-referenced Indictment Number was superseded by Indictment Number 5095/00, and this appeal is a duplicate of an appeal pending under Appellate Division Docket No. 2003-04109, under Indictment Number 5095/00.

On the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31293

S/sl

2005-09663, 2005-09665 The People, etc., appellant, v John Williams, a/k/a Earl Broomfield, respondent. (Ind. No. 4026/96)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated June 21, 2005, and September 21, 2005, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing its brief on the appeal is enlarged until November 17, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court