APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3799

C/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-07304 Edward Ayers, respondent, v Leila Ayers, appellant. (Index No. 203243/00)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated August 7, 2003, for leave to reargue a motion, inter alia, to stay enforcement of the order pending the hearing and determination of the appeal, which was determined by decision and order on motion of this court dated September 10, 2003.

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

ORDERED that the motion is denied, with $100 costs.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3757

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2003-00965 Nydia Bairon, et al., respondents, v City of New York, appellant. (Index No. 35869/90)

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, Kings County, dated January 15, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 19, 2003, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3791

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2003-03482 Bankers Trust Company of New York, respondent, v Douglas J. Hynes, et al., appellants. (Index No. 5268/02)

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, Suffolk County, dated November 20, 2002.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 17, 2003, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3841

T/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

LEO F. McGINITY

DANIEL F. LUCIANO, JJ.

2002-04999 Christian Barth, etc., et al., appellants, v City of New York, defendant, New York City Board of Education, et al., defendants third-party plaintiffs respondents- appellants; Halls Security Analyst Incorporated, third-party defendants-respondents. (Index No. 15970/92)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated August 11, 2003, which determined an appeal from an order of the Supreme Court, Kings County, dated May 13, 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.

RITTER, J.P., S. MILLER, McGINITY and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3826

T/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

WILLIAM D. FRIEDMANN

STEPHEN G. CRANE, JJ.

2003-02072 Allen Yao Hung Chang, et al., respondents, v SDI International, Inc., etc., et al., appellants. (Index No. 12816/00)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated March 17, 2003, to strike the respondents' brief on the ground that it refers to matter dehors the record, or, in the alternative, to enlarge their time to serve and file a reply brief, and cross motion by the respondents, in effect, for leave to serve and file a supplemental record, or, in the alternative, to dismiss the appeal for the appellants' failure to serve and file a complete record.

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 cross motion which is, in effect, for leave to serve and file a supplemental record is granted, and on or before November 6, 2003, the respondent shall serve and file a supplemental record containing the material set forth in the Table of Contents appended as Exhibit 1 to their motion papers; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, and the appellants' shall serve and file their reply brief, if any, on or before November 20, 2003; and it is further,

ORDERED that the motion and cross motion are otherwise denied.

ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3867

E/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-02072, 2003-05937 Allen Yao Hung Chang, et al., respondents, v SDI International, Inc., etc., et al., appellants. (Index No. 12816/00)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Queens County, dated March 17, 2003, and May 9, 2003, respectively, to calendar the appeals together and cross application by the respondents, inter alia, to enlarge the time to serve and file a brief on the appeal from the order dated March 17, 2003. Separate motion by the appellants to stay all discovery in the above-entitled action pending hearing and determination of the appeal from the order dated May 9, 2003.

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 May 2, 2003, which was filed within the time permitted for taking an appeal from the order dated May 9, 2003, is deemed to be a notice of appeal from the order dated May 9, 2003 (see CPLR 5512[a]); and it is further,

ORDERED that the motion to calendar the appeals together is granted, and the appeals shall be heard together and shall be argued or submitted on the same day; and it is further,

ORDERED that the branch of the cross application which is to enlarge the time to serve and file a respondents' brief on the appeal from the order dated February 26, 2003 is denied as academic as the respondents' timely served and filed the brief on that appeal; and it is further,

ORDERED that cross application is otherwise denied; and it is further,

ORDERED that motion to stay all discovery in the above entitled action pending hearing and determination of the appeal from the order dated May 9, 2003, is granted, all discovery in the above-entitled action is stayed pending hearing and determination of the appeal, on condition that the appeal is perfected on or before November 28, 2003; and it is further,

ORDERED that in the event that the appeal from the order dated May 9, 2003, is not perfected on or before November 28, 2003, the court, on its own motion, can vacate the stay, or the respondent may move, on three days notice, to vacate the stay.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3768

S/sl

2002-10749, 2002-10750 Calogero Chiarelli, et al., respondents, v Andreas Kotsifos, appellant, Edward H. Gerken, et al., defendants. (Index No. 10249/95)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Suffolk County, both dated September 11, 2002.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 17, 2003, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3764

D/sl

2003-03867 David Cohen, respondent, v Town of Huntington, appellant, et al., defendants. (Index No. 23159/96)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated March 27, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 13, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3789

S/sl

2003-04715 Leslie Crockett, respondent, v Long Beach Medical Center, appellant. (Index No. 13001/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, entered March 25, 2003 .

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 21, 2004, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3775

O/sl

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-03562 Susan Crowley, respondent, v Westbury Kennel Association, Inc., appellant. (Index No. 4948/00)

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, Nassau County, dated March 20, 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 trial in the above-entitled action is stayed pending hearing and determination of the appeal.

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3840

S/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2002-09592 Jack A. DeHovitz, plaintiff, v Jana DeHovitz, a/k/a Jana Novotna, defendant; Grant & Appelbaum, P.C., et al., nonparty-appellants. (Index No. 20001/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated September 29, 2003, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated September 30, 2002, for leave to serve and file a supplemental record containing affirmations of Patricia Grant, Esq., and Michelle Totoriello, Esq., and cross motion by the Law Guardian, inter alia, to dismiss the appeal on the ground that the appendix and the appellant's brief contain or refer to material dehors the record.

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

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

ORDERED that the branch of the cross motion which is to dismiss the appeal is granted to the extent that the appendix and the appellants' brief are stricken; on or before November 14, 2003, the appellants shall serve and file an appendix and a brief that comply with the CPLR and the rules of this court (see CPLR 5528 and 22 NYCRR 670.10) and that branch of the cross motion is otherwise denied; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time of Law Guardian to serve and file brief is granted and the Law Guardian shall serve and file a brief on or before December 15, 2003.

PRUDENTI, P.J., RITTER, SCHMIDT and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3760

D/sl

2003-03430 Vito Del Ponte, et al., respondents, v 1910-12 Avenue U. Realty Corporation, et al., appellants. (Index No. 24193/02)

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, Kings County, dated March 12, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 17, 2003, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3767

S/sl

2003-03729 Patricia Devine, et al., respondents-appellants, v County of Westchester, et al., appellants-respondents. (Index No. 11465/01)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated March 18, 2003.

ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until December 17, 2003, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3820

T/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-07980 Joseph Doria, respondent, v Lisa Marie Doria, appellant. (Index No. 07980/02)

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, Nassau County, dated August 6, 2003.

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

ORDERED that the motion is denied.

RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3813

T/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

LEO F. McGINITY

REINALDO E. RIVERA, JJ.

2003-06826 Reinaldo Dos Reis, etc., respondent-appellant, v Stuart Cohen, LLC, defendant third-party plaintiff appellant-respondent; Lenihan Building, Inc., et al., third-party defendants-respondents. (Index No. 16995/01)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent 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 July 1, 2003.

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

ORDERED that the motion is denied.

SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3745

D/sl

2003-03727 Abena Evans, et al., respondents, v Louis Ellis, et al., defendants, Equicredit, appellant. (Action No. 1) (Index No. 8717/01) Fairbanks Capital Corp., plaintiff, v Esther Addison, et al., defendants. (Action No. 2) (Index No. 24460/02)

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, Westchester County, dated March 13, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 22, 2003, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3758

E/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2003-08511 Gregory Falgoust, respondent, v Andrea Falgoust, appellant. (Index No. 200378/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated September 23, 2003, inter alia, to enjoin the sale of the marital premises.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order that decides a motion to resettle a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509; Matter of A&S Transp. Co. V County of Nassau, 154 AD2d 456); and it is further,

ORDERED that the motion is denied as academic.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3816

T/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

WILLIAM D. FRIEDMANN

STEPHEN G. CRANE, JJ.

2003-07619 Pervez Zafar Faruqi, appellant-respondent, v Fareeha Faruqi, respondent-appellant. (Index No. 28978/99)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay enforcement of stated portions of a judgment of the Supreme Court, Kings County, dated June 23, 2003, pending hearing and determination of an appeal therefrom, and to dismiss the cross appeal on the ground that it was untimely taken.

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

ORDERED that the motion is denied.

ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3838

T/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

HOWARD MILLER, JJ.

2002-09127 Selmalee Grant, a/k/a Selmalee Kaufman, respondent, v John Marshall, appellant. (Index No. 3163/99)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Nassau County, entered October 3, 2002, which was determined by decision and order of this court dated July 14, 2003, 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.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3733

C/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2003-04529 Linda Gurrieri, respondent, v 111 Livingston, LLC, appellant. (Index No. 28375/01)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, 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 April 30, 2003.

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

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

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3744

C/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2003-00695 Diana Huth, appellant, v Kenneth Huth, respondent. (Index No. 5315/95)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to serve and file an appendix on an appeal from an order of the Supreme Court, Richmond County, dated December 18, 2002, and to further enlarge the time to serve and file a brief.

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 serve and file an appendix is denied as unnecessary (see CPLR 5528[b]); and it is further,

ORDERED that the branch of the motion which is to further enlarge the time to serve and file a brief is granted; the respondent's time to serve and file a brief and an appendix is enlarged until November 21, 2003; and it is further,

ORDERED that no further enlargements of time shall be granted.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3784

S/sl

2003-03794 Dana Mitchell Jaffe, appellant, v Kenneth Jaffe, respondent. (Index No. 30176/02)

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, Suffolk County, dated March 28, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 22, 2003, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3634

S/mv/nl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2001-04156 Jim Longo, Inc., respondent-appellant, v George Rutigliano, et al., appellants- respondents. (Index No. 7329/94)

ORDER TO SHOW CAUSE

Appeal and cross appeal from an order of the Supreme Court, Nassau County, entered April 13, 2001, which were determined by decision and order of this court, dated May 28, 2002. By decision and order on motion dated October 21, 2003, this court denied the respondent-appellant's motion for leave to appeal to the Court of Appeals from the decision and order of this court dated May 28, 2002.

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

ORDERED that counsel for the respective parties are directed to show cause why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against, Albert M. DiMarco, counsel for the respondent-appellant pursuant to 22 NYCRR 130-1.1 as this court may deem appropriate, by filing affirmations or affidavits on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 21, 2003; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve counsel for the respective parties with a copy of this decision and order on motion by regular mail.

In his affirmation in support of the motion for leave to appeal to the Court of Appeals, Albert M. Di Marco, counsel for the respondent-appellant, made statements, without any factual basis, which implied misconduct on the part of the appellants-respondents to influence the determination of the panel of justices which determined the appeal and cross appeal.

Inasmuch as these statements may constitute frivolous conduct pursuant to 22 NYCRR 130-1.1(c)(3), counsel for the respective parties are directed to show cause as to why sanctions and/or costs should not be imposed against counsel for the respondent-appellant.

RITTER, J.P., KRAUSMAN, LUCIANO and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3742

T/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2003-09039 Denine Johnson, et al., appellants, v April Buxton-Sinclair, et al., respondents. (Index No. 14147/03)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in a matter entitled Matter of Sinclair v Johnson, pending in the Civil Court, Queens County, under Index No. 67289/03, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 3, 2003, in the above-entitled action.

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 all proceedings in the matter entitled Matter of Sinclair v Johnson, pending in the Civil Court, Queens County, under Index No. 67289/03, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 24, 2003, and on the further condition that the appellants continue to pay $1,300 per month in rent to the respondents; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 24, 2003, or the appellants fail to pay $1,300 per month in rent to the respondents, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3763

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2003-00283 ORDER ON APPLICATION Glenn Loftain, et al., respondents, v Stephen Gabis, appellant. (Index No. 9466/01)

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, Nassau County, dated December 2, 2002.

ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court on October 16, 2003, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3747

C/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2002-10304 Nirva Louis, appellant, v Robert M. Cohen, Jr., et al., respondents. (Index No. 29765/01)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated October 10, 2002, to strike portions of the record on appeal and the appellant's brief on the ground that they contain or refer to a supplemental affirmation of Damani Wilson, Esq., in opposition to the underlying motion for summary judgment that was not considered by the Supreme Court, Kings County, in determining the motion. By decision and order on motion of this court dated September 18, 2003, the matter was referred to the Supreme Court, Kings County, to report on whether it considered the supplemental affirmation of Damani Wilson, Esq., dated September 30, 2002, in determining the motion which resulted in the order being appealed, and the motion was held in abeyance in the interim. The Supreme Court, Kings County, has filed its report.

Upon the papers filed in support of the motion, the papers filed in opposition thereto, and the report of the Supreme Court, Kings County, it is

ORDERED that the motion is granted to the extent that the following material is stricken:

(1) pages 229 through 238 of the record;

(2) appellant's brief, page 2, beginning with "Omni Medical," and ending with "R. 234);"

(3) appellant's brief, third paragraph, page 7, beginning with "an affirmation" and ending with (R. 234-8);"

(4) appellant's brief, last line of page 7, beginning with "Four days" and ending on page 8 with with the words "lifting and extending (R. 237);"

(5) appellant's brief, final paragraph of page 8, beginning with "Dr. Raia," and ending with "medial meniscus;"

(6) appellant's brief, second full paragraph of page 12, beginning with "The injury" and ending with "R. 232-3);"

(7) appellant's reply brief, second paragraph of page 9, beginning with "an affirmation and MRI report from Dr. Michael Amoroso" and ending on page 10 with "Supplemental Affirmation. (R. 234);"

(8) appellant's reply brief, all of Point Three;

and the motion is otherwise denied; and it is further,

ORDERED that on or before November 17, 2003, the appellant's counsel shall strike or remove the aforesaid material from the copies of the record, the appellant's brief, and the reply brief, on file with this court.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3815

T/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

LEO F. McGINITY

REINALDO E. RIVERA, JJ.

2002-10177, 2003-03488 Mariana Martinez, et al., plaintiffs-respondents, v White Cottage Enterprises, defendant-appellant, Esther R. Antario Realty Corp., d/b/a Centennial III Realty, defendant third-party plaintiff-appellant; Water-Tight Gutter Co., third-party defendant- respondent. (Index No. 3727/99)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Suffolk County, entered October 3, 2002, and March 20, 2003, respectively, and for a preference in the calendaring of the appeals.

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 branch of the motion which is to stay the trial in the above-entitled action pending hearing and determination of the appeals is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is denied.

SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3770

S/sl

2003-02923 Lucilla Modolo, appellant, v Ruth Fleischmann, et al., respondents. (Index No. 43729/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 27, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 24, 2003, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3837

Y/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-03607 Motors & Armatures, Inc., etc., respondent, v Joseph Lattanza, et al., defendants, Ed Mann, etc. et al., appellants. (Index No. 11806/99)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial of the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 25, 2002, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted to the extent that the appellant's time to perfect the appeal is enlarged until December 24, 2003, 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 the motion is otherwise denied.

S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3844

T/sl

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

LEO F. McGINITY

HOWARD MILLER, JJ.

2003-05092 New York and Presbyterian Hospital, a/a/o Norberto Feliciano, appellant, v Allstate Insurance Company, respondent. (Index No. 19994/99)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an amended decision of the Supreme Court, Nassau County, dated May 19, 2003, for leave to reargue a motion to dismiss the appeal, which was determined by decision and order on motion of this court dated August 13, 2003.

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

ORDERED that the motion is denied, with $100 costs.

ALTMAN, J.P., GOLDSTEIN, McGINITY and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3772

E/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-00975 Dougal Paisley, et al., respondents, v Coin Device Corp., et al., appellants, et al., defendant. (Index No. 29081/02)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated December 18, 2002.

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

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

ORDERED that the appellants' time to serve and file a reply brief is enlarged until November 17, 2003, and the reply brief must be served and filed on or before that date.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3792

A/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2002-10318, 2003-03872 Thomas Palazzo, etc., et al., appellants, v Hartford Insurance Company of the Midwest, et al., respondents, et al., defendant. (Index No. 44248/97)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondents, inter alia, to dismiss appeals from an order of the Supreme Court, Kings County, dated August 30, 2002, and a judgment of the same court, entered March 19, 2003, for failure to perfect the appeals in accordance with the CPLR and the rules of this court, or to enlarge the time to serve and file briefs.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, and upon the stipulation of the parties, it is

ORDERED that the branch of the motion which is to dismiss the appeals is denied on condition that on or before November 14, 2003, the appellants (1) remove pages 233-239 from all copies of the record on appeal on file with this court, and (2) remove pages 147-148 from all copies of the record on appeal on file with this court, and either replace those pages with the affirmation of John P. Bostany, Esq., dated May 17, 2002, or serve and file a supplemental record on appeal containing that affirmation; and it is further,

ORDERED that the appellants shall serve and file an amended brief on the appeal on or before November 14, 2003, if they shall be so advised, and the amended brief shall be served and filed on or before that date; and it is further,

. ORDERED that the branch of the motion which is to enlarge the time of the respondents to serve and file briefs on the appeal is granted, the respondents' time to serve and file their briefs on the appeal is enlarged until December 15, 2003, and the respondents' briefs shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3759

S/sl

2002-08936, 2002-08937, 2002-08938, 2002-08939 Mary Ann Pfeiffer, appellant, v General Electric Company, et al., respondents, et al., defendants. (Index No. 9704/95)

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 three orders of the Supreme Court, Westchester County, entered April 3, 2000, September 19, 2000, and April 19, 2002, respectively, and a judgment of the same court, dated June 26, 2002.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 24, 2003, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3832

S/sl

ANITA R. FLORIO, J.P.

WILLIAM D. FRIEDMANN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2000-10771 RTC Mortgage Trust 1995-S/N1, respondent, v R&C General Contractors Corp., et al., appellants, et al., defendants; Reed Grossman, nonparty-respondent. (Index No. 25614/94)

DECISION & ORDER ON MOTION

Motion by the appellants for reargument of an appeal from an order of the Supreme Court, Kings County, dated September 27, 2000, which was determined by decision and order of this court dated November 18, 2002, 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 thereto, it is

ORDERED that the motion is denied, with $100 costs.

FLORIO, J.P., FRIEDMANN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3796

Y/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

WILLIAM D. FRIEDMANN

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2002-08769 Anna Reices, appellant, v Catholic Medical Center of Brooklyn & Queens, Inc., respondent. (Index No. 2868/98)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated July 3, 2002, which was decided by decision and order of this court, dated June 16, 2003, for, among other relief, vacatur of the award of costs in 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 (see CPLR 8203).

FLORIO, J.P., S. MILLER, FRIEDMANN, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3765

S/sl

2003-03919 Ridgeway Capital Corporation, respondent, v Merrick Blvd. Holding Corporation, defendant; Joseph Djemal, intervenor-appellant. (Index No. 41044/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 12, 2002.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 25, 2003, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3741

D/sl

2003-05398 Daniel T. Riley, appellant-respondent, v ISS International Service System, Inc., respondent, Trump Equitable Fifth Avenue Company, et al., respondents-appellants. (Index No. 22782/97)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross appeals from an order of the Supreme Court, Kings County, dated June 11, 2003.

ORDERED that the application is granted and the appellant-respondent shall serve and file its reply brief on or before November 12, 2003 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3848

A/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-01465 Abel Rivera, etc., et al., plaintiffs-respondents- appellants, v New York City Health & Hospitals Corporation, et al., defendants, R. Lichtenstein, etc., et al., defendants- respondents-appellants, Barry Jupiter, etc., et al., defendants-appellants-respondents. (Index No. 27226/93)

DECISION & ORDER ON MOTION

Motion by the defendants-respondents-appellants, and cross motion by the defendant-appellant-respondent Barry Jupiter, to stay the trial in the above-entitled action, pending hearing and determination of appeals and cross appeals from an order of the Supreme Court, Queens County, dated January 14, 2003.

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.

S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3821

T/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

WILLIAM D. FRIEDMANN

STEPHEN G. CRANE, JJ.

2003-07590 Susan Schwartz, n/k/a Susan Settenbrino, respondent v Jeffrey Schwartz, appellant. (Index No. 22226/98)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for an order directing the respondent to comply with the visitation provisions contained in a judgment of the Supreme Court, Nassau County, dated December 1, 2000, pending hearing and determination of an appeal from an order of the same court dated July 30, 2003, and cross motion by the respondent to impose a sanction upon the appellant.

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.

ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3777

E/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-04811, 2003-07750 Sharper Properties Enterprises, Inc., respondent-appellant, v Hubbard Sand & Gravel, Inc., et al., appellants-respondents. (Appeal No. 1) Sharper Properties Enterprises, Inc., respondent, v Hubbard Sand & Gravel, Inc., et al., appellants. (Appeal No. 2) (Index No. 21862/02)

DECISION & ORDER ON MOTION

Motion by Hubbard Sand & Gravel, Inc., Mark Kennedy, and Carl Zorn, the appellants-respondents in appeal No. 1 and the appellants in Appeal No. 2, on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated April 10, 2003, and an appeal from an order of the same court dated July 30, 2003, to consolidate the appeals and to enlarge the time to perfect the appeal from the order dated April 10, 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 branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated April 10, 2003, is granted; and it is further,

ORDERED that the appellant's time to perfect that appeal is enlarged until December 19, 2003, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3762

D/sl

2003-03649 Faige Shechet, etc., respondent, v Jacob Shechet, appellant. (Index No. 6643/85)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 25, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 12, 2004, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3727

A/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-00520 Edward Skewes, respondent, v Joseph Infranca, etc., et al., defendants, Joseph Strazzeri, etc., appellant. (Index No. 15593/95)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to serve and file an amended reply brief on an appeal from a judgment of the Supreme Court, Nassau County, entered December 20, 2002.

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

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

ORDERED that the appellant's time to serve and file an amended reply brief is enlarged until November 3, 2003, and the amended reply brief must be served and filed on or before that date.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3822

E/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2003-04410 Anthony Stevenson, appellant, v State of New York, respondent. (Claim No.104709)

DECISION &ORDER ON MOTION

Motion by the appellant pro se for leave to reargue his motion for leave to prosecute an appeal from an order and judgment (one paper) of the Court of Claims, dated February 5, 2003, 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 upon rearguement, those branches of the prior motion which were to dispense with the printing, for a copy of the typewritten transcripts of the stenographic minutes, without charge, and to waive the filing fee are 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 appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings and the trial, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

. ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); the appellant is directed to turn over those transcripts to the respondent when he serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes, then the Clerk of the Trial Court is directed to reproduce a copy thereof for retained counsel; and it is further,

ORDERED that the prior motion is otherwise denied.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3699

Y/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-06231 Nello Trizzano, et al., plaintiffs-respondents, v Allstate Insurance Company, et al., appellants, Christopher Marinaccio, defendant-respondent. (Index No. 13175/02)

DECISION & ORDER ON MOTION

Motion by the appellant Allstate Insurance Company to stay all proceedings in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered June 11, 2003.

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 all proceedings in the above-entitled action are stayed pending the hearing and determination of the appeal.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3711

A/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-08064 Josef Tylutki, et al., respondents, v Tishman Technologies, et al., appellants. (Index No. 25422/01)

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 July 17, 2003.

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

ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 24, 2003; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 24, 2003, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3787

S/sl

2003-03885 David Vita, et al., respondents, v Mass Electric of New York, et al., appellants. (Index No. 20647/02)

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, Kings County, dated March 27, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 23, 2003, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3842

A/sl

GLORIA GOLDSTEIN, J.P.

THOMAS A. ADAMS

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2001-08188 Gale Ann Wallach, appellant, v Robert Wallach, respondent. (Index No. 20500/99)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated October 20, 2003, in the above-entitled matter is amended by (1) deleting from the preamble thereof the word "Westchester," and substituting therefor the word "Suffolk", and (2) deleting from the second paragraph the words "and no papers having been filed in opposition or relation thereto", and substituting therefor the words "and the papers filed in opposition thereto".

GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3731

C/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2003-07308 John Williams, et al., respondents, v Pelican Pest Control, Inc., appellant. (Index No. 009242/98

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, dated June 26, 2003, pending hearing and determination of an appeal therefrom, and to amend the notice of 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 to stay enforcement of the judgment is denied; and it is further

ORDERED that the branch of the motion which is to amend the notice of appeal is denied as unnecessary.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3659

E/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-06683 Elliot Zaretsky, et al., appellants, v Ok Hui Kim, et al., respondents. (Index No. 26683/96)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Queens County, dated May 7, 2003, 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 is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the motion is granted to the extent that Richard T. Kerins shall continue as the receiver pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 24, 2003; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 24, 2003, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3582

O/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-04149 In the Matter of Marcellus (Anonymous). Lori S. (Anonymous), et al., respondents; Marcellus S. (Anonymous), appellant. (Proceeding No. 1) (Docket No. A-2826-02) In the Matter of Amanda (Anonymous). Lori S. (Anonymous), et al., respondents; Marcellus S. (Anonymous), appellant. (Proceeding No. 2) (Docket No. A-2828-02) In the Matter of Alyssa (Anonymous). Lori S. (Anonymous), et al., respondents; Marcellus S. (Anonymous), appellant. (Proceeding No. 3) (Docket No. A-2829-02)

DECISION & ORDER ON MOTION

Appeal by Marcellus S. from an order of the Family Court, Dutchess County, dated April 25, 2003. By decision and order on motion dated July 31, 2003, the branches of the appellant's motion which were for leave to prosecute the appeal as a poor person and for the assignment of counsel were denied with leave to renew on or before September 22, 2003, upon proper papers establishing the appellant's entitlement to poor person relief. The appellant has not complied with that decision and order on motion and has not applied to enlarge his time to perfect the appeal.

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

ORDERED that the appeal is dismissed for failure to comply with the decision and order of this court dated July 31, 2003.

RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3830

E/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-02077 In the Matter of Jahmani A. (Anonymous). Administration for Children's Services, respondent; Taisha J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jahreem A. (Anonymous). Administration for Children's Services, respondent; Taisha J. (Anonymous), appellant. (Proceeding No. 2) In the Matter of M'leena J. (Anonymous). Administration for Children's Services, respondent; Taisha J. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-05194-96/02, N-11607-9/01)

DECISION & ORDER ON MOTION

Appeal by Taisha J. from an order of the Family Court, Kings County, dated February 6, 2003. By order to show cause dated September 24, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated August 7, 2003, issued pursuant to 22 NYCRR 670.4(a).

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

. ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated August 7, 2003 (see 22 NYCRR 670.4[5]).

S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3769

S/sl

2003-03616 In the Matter of Allstate Insurance Company, petitioner-respondent, v Lisa Jaccarino Ross, appellant, et al., respondents. (Index No. 11035/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 1, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 18, 2003, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3678

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-07000 In the Matter of Frederic Blanc, respondent, v Isabelle Jeanmarie Larcher, appellant. (Docket Nos. V-17565-01, V-17058-01)

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

Renewed motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated July 18, 2003, 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 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 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:

Barbara J. Caravello, Esq.

90-50 Parsons Blvd.- Suite 401F

Jamaica, New York 11432

(718) 725-4205

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.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3686

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-08103 In the Matter of Jose C. (Anonymous), appellant. (Docket No. D-19168-03)

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, Kings County, dated August 25, 2003, 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 Law Guardian, Robert J. Epstein, 26 Court Street, Suite 1601, Brooklyn, N.Y., 11242, 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 appellant:

Joan N. G. James, Esq.

44 Court Street #905

Brooklyn, New York 11201

(718) 596-6926

and it is further,

. ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3824

T/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-06337 In the Matter of Gwendolyn Bennett Clarke, appellant, v Paul Kevin Clarke, respondent. (Docket No. F-1389/91)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated April 16, 2003, as a poor person, to waive the filing fee and for the assignment of counsel.

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

ORDERED that the branch of the motion which is for leave to perfect the appeal on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]); and it is further,

ORDERED that the branch of the motion which is to waive the filing fee and for the assignment of counsel is denied.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3682

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-06649 In the Matter of Alonzo Jason D. (Anonymous). Little Flower Children's Services, et al., respondents; Shirley D. (Anonymous), appellant. (Docket No. B-5161-02)

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 an appeal from an order of the Family Court, Queens County, dated July 8, 2003, 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 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 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:

Steven P. Forbes, Esq.

90-50 Parsons Blvd - #401

Jamaica, New York 11432

(718) 428-7700

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.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3856

O/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-08771 In the Matter of Nyomi D. (Anonymous), et al. Suffolk County Department of Social Services, a/k/a Suffolk County Department of Child Protective Service, petitioner-respondent; Edward Dowel, appellant; et al., respondent. (Docket Nos. NN-1639/03, NN-1640/03, NN-1641/03, NN-1642/03, NN-1643/03, NN-1644/03, NN-1722/03, NN-1723/03, NN-6600/03, NN-6603/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, entered September 30, 2003, to vacate the order on the ground that the order was issued without a hearing, and to remit the matter to the Family Court, Suffolk County, for a hearing.

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, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3805

A/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-02079, 2003-02109 In the Matter of Dalzelle Monique H. (Anonymous), a/k/a Dalzalle Monique H. (Anonymous), a/k/a Dalzalle H. (Anonymous). Child Development Support Corporation, respondent; Zanobia H. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-2646/01) In the Matter of Fernando Ricardo H., Jr. (Anonymous), a/k/a Fernando H. (Anonymous). Child Development Support Corporation, respondent; Zanobia H. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-2647/01)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and Assignment of Counsel Family Court

Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Kings County, both dated January 23, 2003, as a poor person, and for the assignment of counsel, and motion by the respondent to dismiss the appeals on the ground that they have not been timely perfected in accordance with the rules of this court.

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

ORDERED that the appellant's motion is granted; and it is further,

ORDERED that the appeals will be heard on the original papers (including certified transcripts 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 sets of transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both sets of transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one set of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one set of transcripts shall be filed with the clerk of the Family Court and one set of transcripts shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said sets of 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 appeals:

Matthew M. Lupoli, Esq.

167-16 Northern Boulevard

P.O. Box 580283

Flushing, New York 11358

(718) 539-0622

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 the respondent's motion is denied; 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.

ALTMAN, J.P., FLORIO, FRIEDMANN and H.MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3785

A/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2003-04600 In the Matter of Patricia Lee, appellant, v Gregory Lee, respondent. (Docket No. F-2375/02)

DECISION & ORDER ON MOTION Motion For Poor Person Relief and Assignment of Counsel - Family Court

Motion by the appellant pro se on an appeal from an order of the Family Court, Queens County, dated April 28, 2003, for leave to prosecute the appeal 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 to or in relation thereto, it is

ORDERED that motion is denied with leave to the appellant to renew, on or before November 19, 2003, upon the submission of proper papers setting forth all of her assets and income and establishing that she is entitled to poor person relief.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3729

C/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2003-04839 In the Matter of Eric Levande, respondent, v Devorah Levande, a/k/a Devorah Shabtai, appellant. (Docket No. V-9467/01)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to vacate an order of the Family Court, Kings County, dated May 29, 2003, and return custody of the child Sarah L. to her, pending hearing and determination of an appeal from the order.

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., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3654

D/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-00316 In the Matter of Kyle M. (Anonymous). Suffolk County Department of Social Services, appellant-respondent; Marielena M. (Anonymous), et al., respondents; Margaret T. (Anonymous), intervenor-respondent- appellant. (Proceeding No. 1) In the Matter of Ariel M. (Anonymous). Suffolk County Department of Social Services, appellant-respondent; Marielena M. (Anonymous), et al., respondents; Margaret T. (Anonymous), intervenor-respondent-appellant. (Proceeding No. 2) In the Matter of Samantha M. (Anonymous). Suffolk County Department of Social Services, appellant-respondent; Marielena M. (Anonymous), et al., respondents; Margaret T. (Anonymous), intervenor-respondent-appellant. (Proceeding No. 3) In the Matter of Daniel M. (Anonymous). Suffolk County Department of Social Services, appellant-respondent; Marielena M. (Anonymous), (Anonymous), et al., respondents; Margaret T. (Anonymous), intervenor-respondent-appellant. (Proceeding No. 4) (Docket Nos. B-5786-02, B-5787-02, B-5788-02, B-5789-02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated October 6, 2003, is recalled and vacated and the following decision and order on motion is substituted therefor:

Appeal from an order of the Family Court, Suffolk County, dated December 9, 2002. By decision and order on motion dated May 15, 2003, the motion of Marielena M. for poor person relief and assignment of counsel was granted and the following named attorney was assigned as counsel for Marielena M. to defend the appeal:

Noel C. Dillon, Esq.

191 New York Avenue

Huntington, New York 11743

(631) 673-7555

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

ORDERED that Noel C. Dillon is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as counsel to represent the respondent Marielena M. on the appeal:

Richard L. Herzfeld, Esq.

555 Fifth Avenue - 17th Floor

New York, New York 10017

(212) 818-9019

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3802

Y/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2003-08629 In the Matter of Kathleen Murphy, respondent, v Daniel Murphy, appellant. (Docket No. F-4791/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Westchester County, entered October 1, 2003, 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.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3679

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-06088, 2003-06089 In the Matter of Michelle Quinones, respondent, v Louis Albert Lopez, appellant. (Docket No. V-2368-99)

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, Queens County, both dated June 11, 2003, 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 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 appeals:

Yasmin Daley-Duncan, Esq.

218 Smith Street

Brooklyn, New York 11201

(718) 284-3575

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.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3761

S/sl

2003-03985 In the Matter of Irving Schachter, appellant, v State of New York Division of Housing and Community Renewal, respondent. (Index No. 6529/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 4, 2002.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 29, 2003, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3829

E/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-06090 In the Matter of Lori Usak, respondent, v Patrick Molloy, appellant. (Docket No. F-9461-02)

DECISION & ORDER ON MOTION

Appeal by Patrick Molloy from an order of the Family Court, Suffolk County, dated May 23, 2003. By order to show cause dated September 29, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated August 14, 2003, issued pursuant to 22 NYCRR 670.4(a).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated August 14, 2003 (see 22 NYCRR 670.4[5]).

S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3845

Y/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-07394 In the Matter of Israel Valle, appellant, v Ventura Valle, respondent. (Docket No. O-14214/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated August 5, 2003, for leave to prosecute the appeal 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 the appellant to renew, on or before November 19, 2003, upon the submission of proper papers establishing that he is entitled to poor person relief 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, and itemized expenses, and (2) the merit of the appeal (see CPLR 1101).

S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3850

Y/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-05780 In the Matter of Marion Wells, appellant, v David Smith, respondent. (Docket No. V-00794/98)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Dutchess County, dated June 9, 2003, for leave to prosecute the appeal as a poor person, 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 the appellant to renew, on or before November 19, 2003, upon the submission of proper papers establishing that she is entitled to poor person relief including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, and itemized expenses, (2) the income of all other people in her household, and (3) whether she is eligible to obtain a loan from her pension fund.

S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3702

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-07217 The People, etc., respondent, v Marvin Arreaga, appellant. (Ind. No. 02-00917)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered July 24, 2003, 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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

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

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Stephen J. Pittari, Esq.

Legal Aid Society of Westchester Co.

One North Broadway, 9th Floor

White Plains, New York 10601

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3705

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-07497 The People, etc., plaintiff, v Kavin Boyd, a/k/a Kevin Boyd, defendant. (Ind. No. 5015/02)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered May 30, 2003, for leave to prosecute the appeal 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 denied

.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 3047

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3655

F/

ANITA R. FLORIO, J.P.

SONDRA MILLER

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-04393 The People, etc., respondent, v Dante Cirigliano, appellant. (Ind. No. 02-00224)

DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated August 28, 2003, is recalled and vacated and the following decision and order is subsituted therefore:

Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the County Court, Rockland County, rendered May 6, 2003, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.

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

ORDERED that that branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,

ORDERED that the motion is otherwise 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 appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the Trial Court is directed to reproduce a copy thereof for retained counsel; and it is further,

ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged.

FLORIO, J.P., S. MILLER, TOWNES and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Attorney's Address:

Malvina Nathanson, Esq.

305 Broadway - Suite 200

New York, New York 10007-1109

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3713

F/

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2002-09176 v Jose Delgadillo, appellant. (Ind. No. 01-01271)

The People , etc., respondent, DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered September 20, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 5325

Sing Sing Corr. Fac.

354 Hunter St.

Ossining, N.Y. 10562

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3722

F/

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

1999-07713 The People, etc., respondent, v Michael Ferrante, appellant. (Ind. No. 98-01021)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered July 26, 1999.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3717

F/

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2001-10445 The People, etc., respondent, v Rafael Francisco, appellant (Ind. No. 3160/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered November 13, 2001, for leave to prosecute the appeal 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 denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth 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.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3700

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

1999-02033 The People, etc., respondent, v Gilbert Henry, appellant. (Ind. No. 78/98)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Nassau County, rendered February 26, 1999.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3825

E/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

HOWARD MILLER

STEPHEN G. CRANE, JJ.

2001-04370 The People, etc., respondent, v Richard Holland, appellant (Ind. No. 1394/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to file exhibits to his supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered April 24, 2001.

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 denied.

ALTMAN, J.P., SMITH, H. MILLER and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

01 A 2631

Franklin Corr. Fac.

Box 10

Malone, New York 12953

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3701

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2000-07152 The People, etc., respondent, v Robert Horner, appellant. (Ind. No. 1103/00)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Nassau County, rendered July 24, 2000.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3811

T/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2000-10412 The People, etc., respondent, v Shane Hotmer, appellant. (Ind. No. 372-00)

DECISION & ORDER ON MOTION

Motion by assigned counsel to dismiss an appeal from a judgment of the County Court, Suffolk County, rendered November 2, 2000, upon the death of appellant on September 7, 2003.

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

ORDERED that the motion is granted, the appeal is dismissed, and the matter is remitted to the County Court, Suffolk County, for further proceedings consistent with People v Mintz (see 20 NY2d 770).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3693

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

1999-11731 The People, etc., respondent, v Sedar Ilker, appellant. (Ind. No. 93357)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Nassau County, rendered September 30, 1999.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3692

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

1995-05763 The People, etc., respondent, v Greg James, appellant. (Ind. No. 6780/95)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 6, 1995.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3716

F/

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2003-03349 The People, etc., respondent, v Carlos Monegro, appellant (Ind. No. 02-00467)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from a judgment of the County Court, Rockland County, rendered April 9, 2003, for leave to prosecute the appeal 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 denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth 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.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3709

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2002-01419 v Terence Moon, appellant. (Ind. No. 473/01)

The People , etc., respondent, DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered January 23, 2001, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 A 1000

Eastern Corr. Fac.

Box 338

Napanoch, N.Y.12458

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3712

F/

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

1998-01873 v Calvin Morgan, appellant. (Ind. No.1482/97)

The People , etc., respondent, DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 24, 1998, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

98 A 1439

Green Haven Corr. Fac.

Box 4000

Stormville, N.Y. 12582

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3730

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2002-00745 The People, etc., respondent, v Victor Ortiz, appellant. (Ind. No. 1408/00)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 15, 2002.

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

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

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before December 8, 2003.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02-A-0669

Downstate Correctional Facility

Box F

Fishkill, NY 12524

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3714

A/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2002-00547 The People, etc., respondent, v Jack Rutigliano, appellant. (Ind. No. 3807/00)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 7, 2002.

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

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

ORDERED that the respondent's time to serve and file a brief is enlarged until November 3, 2003, and the respondent's brief must be served and filed on or before that date.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3732

F/

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2003-04800 The People, etc., respondent, v Antoine Stanley, appellant. (Ind. No. 01-01536)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from an amended judgment of the County Court, Westchester County, rendered April 29, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on July 30, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

Ron Stokes, Esq.

3224 S. Shelly St.

Mohegan Lake, N.Y. 10547

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 former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Kevin P. Gilleece, Esq.

399 Knollwood Rd. - Suite 207

White Plains, New York 10603

and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

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

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 2623

Wyoming Corr. Fac.

P.O. Box 501

Dunbar Road

Attica, New York 14011

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3704

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2002-01260 The People, etc., respondent, v Robert White, appellant. (Ind. No. 56/01)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 31, 2002.

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

ORDERED that the motion is denied.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02 A 1015

Sing Sing Corr. Fac.

354 Hunter St.

Ossining, New York 10562

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3691

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-07503 The People, etc., respondent, v Calvin Whitt, appellant. (Ind. No. 6216/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered July 28, 2003, for leave to prosecute the appeal 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 denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth 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.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3706

F/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-07463 The People, etc., plaintiff, v Omar Wilson, defendant. (Ind. No. 5273/02)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered May 28, 2003, for leave to prosecute the appeal 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 denied

.

ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

03 A 3000

Upstate Corr. Fac.

Box 2000

Malone, New York 12953

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3720

F/

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2001-04376 The People, etc., respondent, v Thomas Woods, appellant. DECISION & ORDER ON MOTION (Ind. No. 3036/98)

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Queens County, rendered April 11, 2001.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

00 A 5960

Five Points Corr. Fac.

State Rte. 96 - Box 119

Romulus, N.Y. 14541

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3715

F/

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2002-02570, 2002-08447 v Arcady Yakubova, appellant. (Ind. Nos. 4450/96, 20/01)

The People , etc., respondent, DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on appeals from two judgments of the Supreme Court, Queens County, both rendered February 28, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

02 R 1224

Camp Pharsalia

496 Center Rd.

South Plymouth, N.Y. 13844

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3736

C/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

HOWARD MILLER

STEPHEN G. CRANE, JJ.

2001-08012 The People, etc., ex rel., Warren Goins, appellant, v District Attorney, respondent. (Ind. No. 2594-96)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to enlarge the time to comply with a decision and order on motion of this court dated July 23, 2003, as amended by decision and order on motion dated August 12, 2003, by filing an appendix containing certain exhibits to his supplemental pro se brief on an appeal from an order of the County Court, Suffolk County, dated July 26, 2001.

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

ORDERED that the motion is granted, and the exhibits submitted to this court on October 1, 2003, are accepted for filing.

ALTMAN, J.P., SMITH, H. MILLER and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3834

E/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-07841 The People, etc., ex rel. Rodney Jones, petitioner, v Patrick Walsh, etc., respondent.

DECISION & ORDER ON MOTION

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

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

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

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

S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3831

E/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-09093 The People, ex rel., Meng Ju Wu, a/k/a Mark Wu, appellant, v Michelle Mack, etc., respondent. (Special Proceeding No. 285/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the petitioner's extradition pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 14, 2003.

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

ORDERED that the motion is denied.

S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk