APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3884

L/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2002-00368 Pamela Caputo, respondent, Withdraw Appeal on Stipulation v Price Auto Outlet, appellant, et al., defendants. (Index No. 4420/00)

DECISION & ORDER ON APPLICATION

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 11, 2001.

Upon the stipulation of the attorneys for the respective parties, dated September 27, 2003, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3882

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-02458 Continental Casualty Company, et al., appellants, v Robert A. Keasbey Company, et al., respondents. (Index No. 16707/01)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 11, 2002.

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

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3881

L/

FRED T. SANTUCCI, J.P.

SANDRA L. TOWNES

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2002-02112 John Steven Krieg, respondent, Withdraw Appeal on Stipulation v North Shore Health System, defendant, Franklin Hospital Medical Center, appellant. (Index No. 23185/98)

DECISION & ORDER ON APPLICATION

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 16, 2002.

Upon the stipulation of the attorneys for the respective parties, dated September 23, 2003, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

SANTUCCI, J.P., TOWNES, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3876

A/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-02347 Howard C. Levy, respondent, v Heni Levy, appellant. (Index No. 10849/90)

DECISION & ORDER ON MOTION

Motion by Galasso Langione, LLP, attorneys for the respondent, on an appeal from an order of the Supreme Court, Queens County, dated January 28, 2002, inter alia, for leave to withdraw as the respondent's counsel.

On the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the order appealed from did not determine the underlying motion and cross motion which remain pending and undecided (see Katz v Katz, 68 AD2d 536); and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3827

E/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2003-02194 Lillian Manney, appellant, v GE Medical Systems, respondent. (Index No. 8533/00)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered February 3, 2003, inter alia, to dismiss the appeal on the ground that the appellant's attorney has failed to comply with Judiciary Law § 470.

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

ORDERED that the motion is granted to the extent that on or before November 26, 2003, the appellant shall notify this court in writing that (1) either she has retained a new attorney to represent her on the appeal or she will proceed pro se and (2) she adopts the record and brief, and reply brief already on file with this court, or she wishes to withdraw the record and briefs on file with this court and requires an extension of time to perfect the appeal; and it is further,

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

ORDERED that in the event that the appellant advises the court that she wishes to proceed pro se and to adopt the record and briefs already on file with this court she shall move on or before November 26, 2003, pursuant to 22 NYCRR 670.23, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3883

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-00212 Gregory Morris, et al., respondents, v Mamoraneck Finast CVS., Inc., et al., defendants, Saraceni Construction Company, et al., appellants. (and third-party actions). (Index No. 11169/96)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 9, 2002.

Upon the stipulation of the attorneys for the respective parties, dated September 15, 2003, it is

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3857

C/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-08357 John Ortiz, respondent, v Steven Smith, et al., appellants (and others titles). (Index No. 30070/00)

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, Queens County, dated July 10, 2003. Cross motion by the respondent to dismiss the appeal on the ground that it is without merit.

Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition or relation 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; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3885

L/

NANCY E. SMITH, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2002-03013 Kenneth Rothstein, et al., appellants, v Equity Ventures, LLC, et al., respondents. (Index No. 14119/00)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 25, 2002.

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

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

SMITH, J.P., TOWNES, COZIER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3877

A/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2003-01722, 2003-01727 Harris Topel, etc., respondent, v Reliastar Life Insurance Company of New York, appellant. (Index No. 11444/02)

DECISION & ORDER ON MOTION

Motion by counsel for the appellant to admit pro hac vice Paul A. Fischer, James F. Jorden, and W. Glenn Merten, attorneys in good standing in the District of Columbia, to represent the appellant on appeals from two orders of the Supreme Court, Nassau County, dated January 22, 2003, and March 18, 2003, respectively.

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 Paul A. Fischer, James F. Jorden, and W. Glenn Merten are admitted pro hac vice to represent the appellant.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3874

Y/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-01298 In the Matter of Trevor Archer, appellant, v Wanda Archer, respondent. (Docket Nos. F-2092/96, F-820/01)

DECISION & ORDER ON MOTION

Appeal by Trevor Archer from an order of the Family Court, Westchester County, dated December 31, 2002. By order to show cause dated September 2, 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 the scheduling order dated June 25, 2003, issued pursuant to 22 NYCRR 670.4(a). Renewed motion by Trevor Archer for leave to prosecute one appeal as a poor person and for the assignment of counsel.

Upon the papers filed in response to the order to show cause and the papers filed in response to the motion, it is

ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this court; and it is further,

Ordered that the order to show cause and the renewed motion for poor person relief are denied as academic.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3855

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

BARRY A. COZIER, JJ.

2002-04555 In the Matter of Derrick G. Arjune, an attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Derrick G. Arjune, respondent.

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for reargument of an opinion and order of this court dated July 7, 2003, which suspended him from the practice of law for a period of three years. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 31, 1979.

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 reargument is granted and, upon reargument, the court adheres to its original determination; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3533

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-02852 In the Matter of Steven Alister Armstrong, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Steven Alister Armstrong has voluntarily submitted an affidavit dated March 31, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Armstrong was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 15, 1992. He is presently an attorney in good standing in New York State and there are no complaints or charges of professional misconduct pending against him. Mr. Armstrong presently resides in North Carolina, does not intend to return to New York to practice law, and, under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Steven Alister Armstrong, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Steven Alister Armstrong is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Steven Alister Armstrong, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.

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

ENTER:

James Edward Pelzer

Clerk

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3849

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

HOWARD MILLER, JJ.

2002-11477 In the Matter of Frank R. Bayger, an attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Frank R. Bayger, respondent.

DECISION & ORDER ON MOTION

By decision and order on motion dated April 30, 2003, as amended October 15, 2003, this court, on its own motion, authorized the Grievance Committee for the Second and Eleventh Judicial Districts to institute and prosecute a disciplinary proceeding against the respondent; referred the issues raised to the Honorable Vincent Pizzuto, as Special Referee to hear and report; suspended the respondent from the practice of law, pursuant to 22 NYCRR 691.13(c), based on his contention that he is suffering from an illness which makes it impossible for him to defend himself, until a determination is made of the respondent's capacity to continue to practice law; directed that respondent be expeditiously examined by a medical expert; and held the proceeding in abeyance pending receipt of the medical expert's report. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Fourth Judicial Department on November 2, 1955.

Now, upon the papers filed in support of the motion, the papers filed in opposition thereto, and upon the report of the qualified medical expert, dated June 13, 2003, it is

ORDERED that the respondent is suspended from the practice of law pursuant to 22 NYCRR 691.13(b), upon the medical expert's finding that he is incapacitated from continuing to

practice law, for an indefinite period of time and until the further order of this court, and the previously authorized disciplinary proceeding against the respondent continues to be held in abeyance.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3878

A/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

HOWARD MILLER

STEPHEN G. CRANE, JJ.

2003-08386 In the Matter of Antonios Fokas, et al., respondents, v North Fork Bank, appellant. (Index No. 30729/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order and judgment (one paper) of the Supreme Court, Queens County, dated June 25, 2003, pending hearing and determination of an appeal therefrom, and cross application by the respondents for an attorney's fee pursuant to RPAPL 1921(7).

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

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

ORDERED that the cross application is denied without prejudice to the respondents making a formal motion for the same relief (see CPLR 8022).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3851

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

1999-02846 In the Matter of the Application of Daniel P. Foster, a disbarred attorney, for Reinstatement to the Bar of the State of New York.

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to the Court of Appeals from decisions and orders of this court dated January 13, 2003, and May 19, 2003, respectively, denying his application for reinstatement and denying his motion for reconsideration and reargument thereof. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on March 17, 1980, under the name Daniel Paul Foster. By opinion and order of this court dated February 17, 1987, he was disbarred upon his felony conviction. By decisions and orders of this court dated July 6, 1999, and January 13, 2003, respectively, his first and second applications for reinstatement were denied. By decision and order on motion of this court dated May 19, 2003, his motion for reconsideration and reargument of his second application for reinstatement was also denied.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3872

Y/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2002-03426 In the Matter of Mary Grace Malcolm, respondent, v Felix Caro, appellant. (Docket No. U-168-00)

DECISION & ORDER ON MOTION

Appeal by Felix Caro from an order of the Family Court, Suffolk County, dated April 12, 2002. 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 4, 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 4, 2003 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3532

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

STEPHEN G. CRANE, JJ.

2003-04500 In the Matter of Reynold N. Mason, an attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Reynold N. Mason, respondent.

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second and Eleventh Judicial Districts for an order (1) suspending the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(iii), upon a finding that he is an immediate threat to the public interest based on uncontroverted evidence of professional misconduct and (2) authorizing the institution and prosecution of a disciplinary proceeding against him. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 13, 1983.

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

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

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(iii), the respondent is immediately suspended from the practice of law in the State of New York pending further order of this court; and it is further,

ORDERED that the respondent shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, judge, justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that the Grievance Committee for the Second and Eleventh Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against the respondent based on the Grievance Committee's petition dated May 22, 2003; and it is further,

ORDERED that Diana Maxfield Kearse, Chief Counsel for the Grievance Committee for the Second and Eleventh Judicial Districts, Renaissance Plaza, 335 Adams Street, Suite 2400, Brooklyn, N.Y. 11201-3745, is hereby appointed as attorney for the petitioner in that proceeding; and it is further,

ORDERED that within 10 days after service upon him of a copy of this decision and order on motion the respondent shall serve an answer upon the petitioner and the Special Referee and shall file a copy of the same in the office of the Clerk of this court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to John P. Clarke, Esq., 35 Broad St., Williston Park, N.Y. 11596, as Special Referee, to hear and report expeditiously.

We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based on a determination of the Commission on Judicial Conduct dated June 21, 2002, and an opinion of the Court of Appeals dated May 1, 2003, which confirmed the Commission's findings and removed the respondent from the office of Justice of the Supreme Court, Kings County. The Court of Appeals wrote:

"[Respondent] was elected Judge of the Civil Court of the City of New York and served in that capacity from January 1995 through December 1997. In November 1997, he was elected to Supreme Court in the Second Judicial District for a term commencing January 1, 1998. The five charges of misconduct sustained by the Commission centered on [respondent's] use of his attorney escrow account while he was a practicing attorney and after he became a Civil Court Judge. Evidence received at the hearing established that [respondent] vacated a rent-stabilized apartment in 1992 and installed his brother-in-law in the apartment over the objection of the landlord. After the brother-in-law's attempts to pay rent directly to the landlord failed, he forwarded his rental payments to [respondent], making all but two of the checks payable to [respondent] "as attorney." This continued each month for several years resulting in [respondent] receiving more than $15,000 in rent from his brother-in-law.

"[Respondent] deposited at least $7,000 of the rent money in his attorney escrow account. The record reveals that [respondent] used a portion of the funds to pay personal expenses, writing checks directly from his escrow account to "cash," to himself, and to various creditors. As of December 1994, shortly before [respondent] took the bench, his attorney escrow account had a balance of approximately $1,900. While a sitting Judge, [respondent] continued using the account for personal purposes, including writing checks to cash, his wife, an automotive finance company, a support collection unit, a church, an extermination firm and a political club.

"During the Commission investigation, [respondent] stated he had no legal right to retain the rent money. Rather, he claimed he was holding the rent for the landlord with the intent to deliver it at a future time. At the hearing, however, [respondent] contended he had lawfully sublet the apartment to his brother-in-law and therefore had a right to personally collect rent on the apartment and to use the rent proceeds to pay personal expenses. This explanation contradicted [respondent's] earlier statement that he was holding the money for the landlord and was not consistent with [respondent's] decision to deposit the money in his attorney escrow account. In addition to offering contradictory statements, [respondent] failed to respond to six written requests for information forwarded to him by Commission attorneys, which delayed and impeded the investigation (Matter of Mason, 100 NY2d 56)."

The Court of Appeals concluded that the respondent had commingled funds over a substantial period of time and repeatedly used his attorney escrow account to pay personal expenses, which continued after he was elected to the bench. Moreover, the Court noted that such misconduct was significantly compounded by the respondent's persistent failure to cooperate with the Commission's investigation and his marked lack of candor, as evidenced by the inconsistent and evasive explanations he offered at different points in the proceeding.

Under the circumstances, the Grievance Committee's motion is granted, without opposition; the respondent is suspended pursuant to 22 NYCRR 691.4(l)(1)(iii), and the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against the respondent based on the petition dated May 22, 2003.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3873

Y/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-01990 In the Matter of Millicient McFarlane, respondent, v Richard Lewis, appellant. (Docket Nos. F-435-00, F-478-02)

DECISION & ORDER ON MOTION

Appeal by Richard Lewis from an order of the Family Court, Putnam County, dated December 9, 2002. By order to show cause dated September 23, 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 the scheduling order dated August 6, 2003, issued pursuant to 22 NYCRR 670.4(a).

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3858

C/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-05342 In the Matter of Angela Nelson, appellant, v Robin Martin, et al., respondents. (Docket Nos. V-3850-6-03, V-3813-03)

DECISION & ORDER ON MOTION

Appeal by Angela Nelson from an order of the Family Court, Suffolk County, dated May 15, 2003. By order to show cause dated September 23, 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 4, 2003, issued pursuant to 22 NYCRR 670.4(a).

Now, on the court's own motion, and the papers filed in support of the motion and 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

M3861

C/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-07391 In the Matter of R. (Anonymous). (Docket No. A-0703/P)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel, inter alia, to be relieved of the assignment to prosecute an appeal from an order of the Family Court, Orange County, dated July 28, 2003. Separate motion by the Law Guardian for the child to be relieved.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as the order appealed from is not appealable as of right, and we decline to grant leave to appeal (see Family Ct Act § 1112); and it is further,

ORDERED that the motions are denied as academic.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3864

C/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-06350 In the Matter of Jennifer R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Gordana K. (Anonymous), appellant; Steven R. (Anonymous), respondent. (Proceeding No. 1) (Docket Nos. N-2457-99, N-2458-99) In the Matter of Steven R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Gordana K. (Anonymous), appellant; Steven R. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. N-2461-99, N-2462-99)

DECISION & ORDER ON MOTION

Appeal by Gordana K. from an order of the Family Court, Suffolk County, dated June 10, 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 proceedings for failure to comply with a scheduling order dated August 12, 2003, issued pursuant to 22 NYCRR 670.4(a).

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated July 28, 2003 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3875

Y/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2003-02948 In the Matter of Robert Samuel, appellant, v Denis Dillon, etc., respondent. (Docket No. 20018/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to reargue his prior motion for leave to prosecute an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated March 3, 2003, as a poor person, and for the assignment of counsel, which was determined by decision and order on motion of this court dated May 21, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3535

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-02853 In the Matter of Robert S. Segelbaum, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Robert S. Segelbaum has voluntarily submitted an affidavit dated March 24, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Segelbaum was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 23, 1964. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Segelbaum presently resides in Arizona, does not intend to return to New York to practice law, and, under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Robert S. Segelbaum, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Robert S. Segelbaum is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Robert S. Segelbaum, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.

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

ENTER:

James Edward Pelzer

Clerk

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3534

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-02777 In the Matter of Joel F. Spivak, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Joel F. Spivak has voluntarily submitted an affidavit dated March 31, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Spivak was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 15, 1965, under the name Joel Fredrick Spivak. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Spivak presently resides in Georgia, does not intend to return to New York to practice law, and, under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is,

ORDERED that the voluntary resignation of Joel F. Spivak, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Joel F. Spivak is removed from the roll of attorneys and counselors-at-law in New York State, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Joel F. Spivak, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in New York State, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3854

K/cf

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

GABRIEL M. KRAUSMAN, JJ.

2003-08682 In the Matter of John A. Tartaglia, a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; John A. Tartaglia, respondent.

DECISION & ORDER ON MOTION

The Grievance Committee for the Ninth Judicial District received a complaint alleging that the respondent released escrowed funds he was holding on behalf of the complainant and his client directly to the client without the permission or authority of the complainant or a court order directing him to do so. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 16, 1977, under the name John Anthony Tartaglia. By opinion and order of this court dated April 14, 2003, he was suspended from the practice of law for a period of one year as a result of a previous disciplinary proceeding involving charges of failure to maintain a sufficient balance in the master account of his attorney trust account, making cash disbursements from his escrow account, and releasing a negotiable escrow check in breach of his fiduciary responsibilities when the funds it represented were not yet on deposit in his escrow account.

ORDERED that on the court's own motion, the Grievance Committee for the Ninth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against John A. Tartaglia, as respondent, based upon the acts of professional misconduct alleged in the Grievance Committee's memoranda dated April 9, 2003; and it is further,

ORDERED that Gary L. Casella, Chief Counsel to the Grievance Committee for the Ninth Judicial District, 399 Knollwood Road, White Plains, N.Y. 10603, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that the petitioner shall serve upon the respondent and the Special Referee and file with this court a petition within 30 days of service of this decision and order on motion; and it is further,

ORDERED that the respondent shall serve an answer to the petition upon the petitioner and the Special Referee and file same with this court within 10 days of his receipt of the petition; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Thomas Sullivan, a retired Associate Justice of the Appellate Division, Second Judicial Department, c/o Tracy & Stillwell, 1688 Victory Boulevard, Staten Island, N.Y. 10314, as Special Referee to hear and report, together with his findings on the issues.

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

ENTER:

James Edward Pelzer

Clerk