Appellate Division: Second Judicial Department

M31398

R/sl

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-02288 Michael Akinola, respondent, v Spring Creek Associates, et al., appellants. (Index No. 38508/02)

DECISION & ORDER ON MOTION

Separate motions by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated January 7, 2005.

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

ORDERED that the motions are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31333

C/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-09406 John Armentano, et al., respondents, v Broadway Mall Properties, Inc., et al., defendants, Leher, McGovern, Bovis, Inc., et al., appellants. (Index No. 15126/01)

DECISION & ORDER ON MOTION

Motion by the appellant CCM, Inc., in which the appellant Lehrer McGovern Bovis, Inc., joins, to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Nassau County, dated September 13, 2005. Separate motion by the appellant Garito Contracting, Inc., for the same relief.

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

ORDERED that the motion is granted and the trial in the above-entitled action is stayed, pending hearing and determination of the appeal, on condition that the appeals are perfected on or before November 22, 2005; and it is further,

ORDERED that in the event the appeals are not perfected on or before November 22, 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

M31420

R/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2004-09521 Christopher Campbell, etc., et al., appellants, v Nidia Colon Thomas, et al., respondents. (Index No. 1756/01)

DECISION & ORDER ON MOTION

Motion by the respondent Nidia Colon Thomas to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Putnam County, dated October 1, 2004.

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

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

ORDERED that the respondent Nidia Colon Thomas's time to serve and file a brief is enlarged until November 21, 2005, and the brief of the respondent Nidia Colon Thomas must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31375

S/sl

2005-03784 City of Peekskill, appellant-respondent, v Hudson Overlook Company, a/k/a Hudson Overlook Land, LLC, et al., respondents- appellants. (Index No. 14745/03)

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, Westchester County, dated February 10, 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 December 12, 2005, 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 respondents-appellants shall serve and file their answering brief, including their 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

M31411

S/sl

2005-01693 Sharon Verwayne Clark, et al., appellants, v Thomas McGregor, et al., respondents. (Index No. 43472/02)

ORDER ON APPLICATION

Application by the respondents Birenda Bahadur and Shivendra Bahadur 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 December 7, 2004.

ORDERED that the application is granted and the time of the movants' to serve and file a brief is enlarged until December 27, 2005, and the movants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31409

S/sl

2005-01212 Carlos DeOliviera, appellant, v Robert M. Manners, respondent. (Index No. 11903/03)

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 an order of the Supreme Court, Nassau County, dated October 20, 2004.

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

M31399

R/sl

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-04859 Andrew DeSimone, plaintiff, v Jewish Community Center of the Upper West Side, Inc., defendant-appellant, AMEC, a/k/a Morse Diesel International, Inc., defendant third-party plaintiff- appellant; Cox Mechanical Contracting, Inc., et al., third-party defendants-respondents. (Index No. 31584/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 4, 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

M31440

Y/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-07454 William Devore, appellant, v Anna Devore, respondent. (Index No. 5498/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Westchester County, dated June 1, 2005, and cross motion by the respondent, inter alia, to appoint her as the receiver of the former marital residence.

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

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

ORDERED that the cross motion is denied without prejudice to seeking relief in the Supreme Court, Westchester County.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31425

O/sl

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-08084 E.F.L. Baking Corp., appellant, v Lowy Family Irrevocable Trust, et al., respondents. (Index No. 37910/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above entitled action between the parties pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 9, 2005, and cross motion by the respondents to dismiss 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 motion and the cross motion are denied.

GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31444

S/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2005-04532 Belle Eiseman, plaintiff-respondent, v Quaker Ridge Shopping Center, appellant, Quaker Ridge Barber Shop, Inc., defendant- respondent. (Index No. 17158/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated April 14, 2005.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31390

E/sl

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2004-09752 Elliott-Williams Co., Inc., appellant, v Impromptu Gourmet, Inc., et al., defendants, SUGA Development, LLC, respondent. (Index No. 4669/02)

DECISION & ORDER ON MOTION

Motion by the attorneys for the appellant on an appeal from an order of the Supreme Court, Rockland County, dated September 29, 2004, to be relieved, for leave to withdraw the appeal, to fix their legal fees, and to direct entry of a judgment for the legal fees.

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 branches of the motion which are to be relieved and for leave to withdraw the appeal are denied; and it is further,

ORDERED that the branches of the motion which are to fix their legal fees and to direct entry of a judgment for the legal fees are denied without prejudice to seeking the same relief in the Supreme Court or a court of appropriate jurisdiction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31387

E/sl

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-09428 Lora Fleysher, appellant, v Joseph Fabian et al., respondents. (Index No. 11679/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Richmond County, dated September 28, 2005, pending hearing and determination of an appeal therefrom.

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 enforcement of the order dated September 28, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 21, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 21, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31338

A/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2004-10505 Richard Hartman, respondent, v Allen R. Morganstern, etc., et al., appellants. (Index No. 7337/04)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated October 20, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31075

T/sl

2005-01424 Eva Lipsky, et al., appellants, v Firebaugh Realty Corp., d/b/a Firebaugh Realty Associates, et al., defendants, Marshalls, respondent. (Index No. 18678/02)

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 a judgment of the Supreme Court, Suffolk County, entered January 12, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 24, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31394

R/sl

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-05942 Luz E. Luciano, respondent, v 144-18 Rockaway Realty Corp., et al., appellants. (Index No. 16760/03)

DECISION & ORDER ON MOTION

Motion by the appellant 144-18 Rockaway Realty Corp. to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of appeals from an order of the Supreme Court, Queens County, dated May 9, 2005.

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

ORDERED that the motion is granted and all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeals.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31353

C/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

WILLIAM F. MASTRO, JJ.

2004-03219 Elaine Lum, etc., appellant, v New Century Mortgage Corporation, respondent. (Index No. 27781/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated March 23, 2004, which was determined by decision and order of this court dated June 20, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31426

R/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2004-10994 Courtney Paolilli, appellant, v Steven M. Lynch, etc., et al., respondents. (Index No. 3173/00)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, entered November 5, 2004.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until 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; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31400

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00474 Helen Paupaw, respondent, v Brookdale Hospital Medical Center, appellant. (Index No. 6322/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 5, 2004.

Upon the stipulation of the attorneys for the respective parties, dated September 19, 2005, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31386

E/sl

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-09487 Christopher Scully, respondent, v Mirash Vatici, etc., defendant, Satisfied Customers, Inc., appellant. (Index No. 17158/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered September 30, 2005.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31424

Y/sl

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-04579 Evangelia Sevdinoglou, respondent, v Alexander Sevdinoglou, appellant. (Index No. 25016-01)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of so much of a judgment of the Supreme Court, Suffolk County, entered September 22, 2005, as directed the payment of maintenance, pending hearing and determination of an appeal therefrom.

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 notice of appeal from a decision of the same court dated February 10, 2005, is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,

ORDERED that the motion is granted and enforcement of so much of the judgment as directed the payment of maintenance is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 22, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 22, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31410

S/sl

2004-09905 Marie C. Vaval, appellant, v NYRAC, Inc., et al., respondents. (Index No. 1632/99)

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 a judgment of the Supreme Court, Queens County, dated October 6, 2004.

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

M31403

O/sl

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-03569, 2005-03634 Boris Vertsberger, et al., plaintiffs, v City of New York, defendant third-party plaintiff-respondent; Welsbach Electric Corp., third-party defendant-appellant. (Index No. 8831/98)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order and a judgment of the Supreme Court, Kings County, dated February 14, 2005, and March 21, 2005, respectively, to enlarge the record to include a certain indemnification agreement attached as exhibit E to the motion papers.

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

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

ORDERED that the appellant shall serve and file a supplemental record containing the subject indemnification agreement on or before November 4, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31416

O/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2005-05027 Xand Corporation, appellant, v Reliable System Alternatives Corporation, respondent. (Index No. 14905/03)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to recall and vacate a decision and order on motion of this court dated August 23, 2005, which granted the appellant's motion to stay enforcement of an order of the Supreme Court, Westchester County, dated March 24, 2005, pending hearing and determination of an appeal therefrom, on the ground that the appellant failed to perfect the appeal in accordance with the decision and order on motion dated August 23, 2005.

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

ORDERED that the motion is denied.

H. MILLER, J.P., COZIER, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31408

S/sl

2005-03024 Lisa Yeager, etc., et al., appellants, v Robert Thompson, et al., respondents. (Index No. 10622/02)

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, Richmond County, dated January 18, 2005.

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

M31279

F/

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-07630 In the Matter of Secaatin Akyuz, appellant, v Marilyn Akyuz, respondent. (Docket Nos. V-6912-96, V-6913-96)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated June 16, 2005, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Pauline E. Braun, Esq.

43 Edgewood Road

P.O. Box 9

Valley Stream, New York 11582-0009

(516) 872-4080

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31402

E/sl

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-06838 In the Matter of Baby Boy B. (Anonymous). Rochelle "Anonymous," et al., petitioners- respondents; Mallory "Anonymous," respondent-appellant, et al., respondent; Glenn Gucciardo, nonparty-appellant. (Docket No. A-58-05)

DECISION & ORDER ON MOTION

Motion by the appellant Mallory "Anonymous" for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated June 24, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, on or before November 7, 2005, including the affidavit of the appellant Mallory "Anonymous" setting forth her full financial situation, including all assets, both real and personal, as well as the amount and all sources of income, and all itemized expenses.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31270

F/

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-07002, 2005-07004 In the Matter of Jason Brian B. (Anonymous). Administration for Children's Services, respondent; Rachel B. (Anonymous), appellant. (Docket Nos. N-11328-00, B-528-04)

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

Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Queens County, dated April 18, 2005, and May 18, 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 or relation thereto, it is

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

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:

Sarah Tirgary, Esq.

90-50 Parsons Boulevard - Suite 401

Jamaica, New York 11432

(718) 725-1200

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31397

M/nal

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

SCHEDULING ORDER

Appeal by Dozie Chukwuka from an order of the Family Court, Kings County, dated June 30, 2005. By decision and order on motion of this court dated October 18, 2005, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M31366

C/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-06319 In the Matter of Antonio Cruz, petitioner, v Manuela Cruz, respondent. (Docket No. F-3163-02)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated May 27, 2005, 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 or relation thereto, it is

ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31439

F/

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-07226, 2005-07227 In the Matter of Jayda D.-B. (Anonymous). Administration for Children's Services, respondent; Roger D. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-2482-04) In the Matter of Jeannine B. (Anonymous), o/b/o Jayda D.-B. (Anonymous), et al., respondents, v Roger D. (Anonymous), appellant. (Proceeding No. 2) (Docket No. O-2339-04)

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

Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Rockland County, dated May 10, 2005, and May 16, 2005, respectively, 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 motion is granted; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:

Barbara Leifer-Woods, Esq.

254 South Main Street - 5th Floor

New City, New York 10956

(845) 638-1189

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31395

M/nal

2005-05211 In the Matter of Ralph DiPaola, respondent, v Marjory DiPaola, appellant. (Docket No. F-04732-02)

SCHEDULING ORDER

Appeal by Marjory DiPaola from an order of the Family Court, Suffolk County, dated April 28, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 17, 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

M31391

M/nal

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

SCHEDULING ORDER

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

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until October 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31209

F/

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-03640 In the Matter of Selena J. (Anonymous). Administration for Children's Services, respondent; Ancilla J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Reanna J. (Anonymous). Administration for Children's Services, respondent; Ancilla J. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Tiffany J. (Anonymous). Administration for Children's Services, respondent; Ancilla J. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-997-03, N-999-03, N-1000-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Queens County, dated March 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 the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Larry Bachner, Esq.

90-50 Parsons Blvd. - Suite 401

Jamaica, New York 11432

(917) 378-0176

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31221

F/

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-03642, 2005-03643, 2005-03644 In the Matter of Ayanna Dejenaba M. (Anonymous). Lakeside Family & Children's Services, et al., respondents; Cheryl M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Shawuana Diamond M. (Anonymous). Lakeside Family & Children's Services, et al., respondents; Cheryl M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Quaishea Rose M. (Anonymous). Lakeside Family & Children's Services, et al., respondents; Cheryl M. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-4610-02, B-4611-02, B-4612-02)

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

Renewed motion by the appellant pro se for leave to prosecute appeals from three orders of the Family Court, Queens County, all dated February 14, 2005, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:

Steven P. Forbes, Esq.

90-50 Parsons Blvd. - Suite 401

Jamaica, New York 11432

(718) 791-8444

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31196

F/

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-05909 In the Matter of Debraun M. (Anonymous). Administration for Children's Services, respondent; Walter C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jermaine M. (Anonymous). Administration for Children's Services, respondent; Walter C. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-3936-04, N-3937-04)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Richmond County, dated May 20, 2005, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Salvatore C. Adamo, Esq.

PMB 40

350 Fifth Avenue - Suite 3304

New York, New York 10118

(212) 964-7983

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31393

M/nal

2005-02888 In the Matter of Charlene Morisseau, appellant, v Nancy Morisseau, respondent. (Docket Nos. O-12399/04, O-13734/04)

SCHEDULING ORDER

Appeal by Charlene Morisseau from an order of the Family Court, Westchester County, dated February 28, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 18, 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

M31475

M/nal

2005-04463 In the Matter of Anthony O. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Docket No. N-103-02)

SCHEDULING ORDER

Appeal by Lillian O. from an order of the Family Court, Westchester County, dated April 18, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 30, 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

M31189

F/

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-07518 In the Matter of Robert M. P.-D., Jr., (Anonymous). Suffolk County Department of Social Services, respondent; Anna Marie P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Anthony Joseph P.-D., (Anonymous). Suffolk County Department of Social Services, respondent; Anna Marie P. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-12343-04, B-12344-04, B-12345-04, B-12346-04, B-12347-04, B-12348-04, NN-15421-02/04D, NN-15422-02/04D)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated July 29, 2005, 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 or relation thereto, it is

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Donald Card, Esq.

490 Wheeler Road - Suite 165K

Hauppauge, New York 11788

(631) 974-3149

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31368

O/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-06834 In the Matter of Helen Piro, appellant, v Carl Piro, respondent. (Docket No. F-17482-04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated June 27, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31434

Y/sl

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-01092, 2005-01095 In the Matter of Mollye S. (Anonymous). Suffolk County Department of Social Services, respondent; Richard S. (Anonymous), appellant. (Docket No. 14260-03)

DECISION & ORDER ON MOTION

Motion by the respondent, joined by the Law Guardian, to dismiss appeals from two orders of the Family Court, Suffolk County, dated December 2, 2004, and January 20, 2005, respectively, on the ground, inter alia, that the appeals were not timely perfected, or in the alternative, to enlarge the time to serve and file briefs.

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

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

ORDERED that the time of the respondent and the Law Guardian to serve and file briefs is enlarged until November 7, 2005, and those briefs must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31443

O/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-09221 In the Matter of Manish Shah, respondent, v Kathleen Iverson, etc., appellant. (Index No. 500941/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated September 27, 2005, pending hearing and determination of an appeal therefrom.

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

M31341

A/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-00410 In the Matter of Reginald Washington, petitioner, v Donald Selsky, etc., respondent. (Index No. 4247/04)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court, Dutchess County, dated January 7, 2005, 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 the branch of the motion which is for leave to prosecute the proceeding on the original papers is granted; and it is further,

ORDERED that the proceeding will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 is denied as unnecessary (see 22 NYCRR 670.22[a][1]); and it is further,

ORDERED that the branch of the motion which is for the assignment of counsel is denied; and it is further,

 ORDERED that on the court's own motion the petitioner's time to perfect the proceeding by causing the original papers constituting the record to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief is enlarged until December 26, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31355

R/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2004-06019, 2004-06021 In the Matter of Belinda Watson, respondent, v James Watson, appellant. (Docket No. F-577-01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated August 15, 2005, which determined appeals from an order and a judgment of the Family Court, Kings County, both dated June 21, 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.

SCHMIDT, J.P., SANTUCCI, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31396

M/nal

2005-03762 In the Matter of Tomieke Y. (Anonymous). Suffolk County Department of Social Services, respondent; Lori A. B. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Marquise G. (Anonymous). Suffolk County Department of Social Services, respondent; Lori A. B. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Marvin G. (Anonymous). Suffolk County Department of Social Services, respondent; Lori A. B. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-20406-04, N-20675-04, N-20676-04)

SCHEDULING ORDER

Appeal by Lori A. B. from an order of the Family Court, Suffolk County, dated March 18, 2005. By decision and order on motion of this court dated October 13, 2005, the following attorney was assigned as counsel on the appeal:

Janessa Trotto, Esq.

49 Main Street - Suite 2

Sayville, New York 11782

(631) 897-3410

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

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

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

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

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated October 13, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M31264

F/

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-07159 In the Matter of Craig E. Zammit, appellant, v Nicole D. Novellino, respondent. (Docket Nos. V-6366-02/04A, V-6366-02/05B, V-6366-02/05C)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the Law Guardian to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Orange County, dated July 12, 2005, and to assign a new Law Guardian to represent the child on the appeal.

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

ORDERED that the motion is granted, and the Law Guardian, Cheryl E. Maxim, Esq., Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child:

Marsha E. Koretzky, Esq.

P.O. Box 943

Goshen, New York 10924

(845) 294-1611

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31266

F/

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-07159 In the Matter of Craig E. Zammit, appellant, v Nicole D. Novellino, respondent. (Docket Nos. V-6366-02/04A, V-6366-02/05B, V-6366-02/05C)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the attorney for the respondent to be relieved of an assignment to represent the respondent on an appeal from an order of the Family Court, Orange County, dated July 12, 2005, and for the assignment of new counsel to represent the respondent on the appeal.

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

ORDERED that the motion is granted, and the attorney for the respondent, Maria A. Patrizio, Esq., The Legal Aid Society of Orange County, Inc., P.O. Box 328, Goshen, New York 10924, is directed to turn over all papers in the action to the new attorney for the respondent herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the respondent to represent the respondent:

Neal D. Futerfas, Esq.

50 Main Street - Suite 1000

White Plains, New York 10606

(914) 682-2171

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

ENTER:

James Edward Pelzer

Clerk of the Court