Appellate Division: Second Judicial Department

M17856

O/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-08132 Amaze Medical Supply, Inc., etc., plaintiff, v Allstate Insurance Company, defendant. (Index No. 58739/02)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated April 9, 2004, which modified an order of the Civil Court of the City of New York, Kings County, entered December 2, 2002.

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., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17823

CF/

2004-06154 Astor Andrew, plaintiff-respondent, v Joyco, LLC, et al., defendants, Clark Construction Company, et al., appellants. (Index No. 32988/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 26, 2004.

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ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17844

S/sl

2004-05227 Stephen Atanasoff, respondent, v Elmont Union Free School District, appellant. (Index No. 9908/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated May 5, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 29, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17875

S/sl

2004-02429 Conrado Benitez, appellant, v Mutual of America Life Insurance Company, defendant third-party plaintiff-respondent; General Industrial Service Corporation, et al., third-party defendants- respondents. (Index No. 26013/94)

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 ont an appeal from a judgment of the Supreme Court, Queens County, entered February 25, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 16, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17815

CF/

2004-07807 Derek A. Buonora, appellant, v Robert Caluzzo, et al., respondents. (Index No. 6963/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 23, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17878

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-10242 Chion Enterprises of Dix Hills, Inc., respondent, v Henrijean, S.A., et al., defendants, Wells Fargo Alarm Services, etc., appellant. (Index No. 17484/97)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 29, 2003.

Upon the stipulation of the attorneys for the respective parties, dated October 28, 2004, 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 of the Court

Appellate Division: Second Judicial Department

M17896

CF/

2004-04496 Michael Creegan, appellant, v Belle Bowen, respondent. (Index No. 19799/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 16, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17745

PL/sl

2004-02630 Dalton Daley, et al., respondents, v Sohail Shahzad, et al., appellants. (Index No. 1234/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated February 5, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 10, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17829

CF/

2004-04993 Gloria Daye, et al., appellants, v H & F Food Corp., d/b/a Bravo Food, respondent. (Index No. 10739/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 26, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17853

S/sl

2004-03751 Duane Reade, respondent-appellant, v Block 247, LLC, appellant-respondent. (Index No. 13916/02)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated February 23, 2004.

ORDERED that the application is granted respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before December 1, 2004 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17892

CF/

2004-02740 Jeffrey Ellis, appellant, v Stanley Seides, et al., respondents. (Index No. 4465/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 27, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17906

C/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2003-02812, 2003-06657 Forest Hills Gardens Corporation, respondent, v Lior Evan, et al., appellants. (Index No. 28560/00)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to enlarge the record on appeals from (1) an order and judgment (one paper) of the Supreme Court, Queens County, dated February 20, 2003, and (2) an order of the same court dated May 23, 2002, to include, among other things, an affidavit of the appellant Lior Evan.

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

ORDERED that the motion is denied.

H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17827

CF/

2004-07181 Jack Galati, respondent, v Evelyn Galati, appellant. (Index No. 1703/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated July 22, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17831

CF/

2004-04033 Rosella Garcia, respondent, v New York City Transit Authority, appellant. (Index No. 53569/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 20, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17811

CF/

2004-06982 Val Gertopsky, et al., respondents, v Tourist Coach Line, et al., appellants. (Index No. 39992/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 25, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17830

CF/

2004-05807 Michael R. Gilligan, respondent, v Bryan Joel Holzberg, appellant. (Index No. 23488/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 14, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17786

R/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-00600 Erik Gonzalez, respondent, v Long Island University, etc., appellant, et al., defendants. (Index No. 2806/00)

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 December 18, 2003.

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

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

KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17890

CF/

2004-07162 James Hammer, appellant, v Turner Construction Corporation, et al., respondents. (Index No. 14927/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 20, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17861

C/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-03246, 2004-06505 Joanne Hering, et al., respondents, v Lighthouse 2001, LLC, et al., appellants, et al., defendants. (Index No. 7423/00)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to renew and/or reargue their motion to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, entered March 30, 2004, and dated June 17, 2004, respectively, which was determined by decision and order on motion of this court dated May 5, 2004. Cross motion by the respondents to hold the appeals in abeyance pending the trial of the above-entitled action.

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 denied; and it is further,

ORDERED that the cross motion is dismissed for failure to timely serve and file the same pursuant to the rules of this court (see 22 NYCRR 670.5[a]).

PRUDENTI, P.J., RITTER, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17893

CF/

2004-03223 Hilda Hollis, respondent, v Robin J. Kellog, appellant (and a third-party action). (Index No. 5839/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 1, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17821

CF/

2004-06442 Michelle Ingoglia, et al., appellants, v Martin Leshaj, et al., respondents. (Index No. 2446/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated June 24, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17886

CF/

2004-07365 Hemawattie Madho, respondent, v Parasnand Madho, appellant. (Index No. 17670/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 12, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17887

CF/

2004-07366 Hemawattie Madho, respondent, v Parasnand Madho, appellant. (Index No. 17670/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17675

F/

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

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

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an

appeal from an amended judgment of the Supreme Court, Suffolk County, entered September 29, 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.

SMITH, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17508

PL/sl

2004-00911 Denise Matthias, appellant, v Long Island Jewish Medical Center, et al., respondents. (Index No. 14159/99)

ORDER ON APPLICATION

Application by the respondents Long Island Jewish Medical Center and "John" Levy pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a Judgment of the Supreme Court, Queens County, dated January 6, 2004.

ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until November 22, 2004, and the movants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17767

PL/sl

2003-10225 Patsy Merola, respondent, v Catholic Medical Center of Brooklyn and Queens, Inc., d/b/a, St. John's Hospital, et al., appellants. (Index No. 13511/96)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, dated September 9, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 23, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17816

CF/

2004-00987 Domenica A. Miller, et al., plaintiffs, v Cara H. Lieberman, defendant, Chase Manhattan Automotive Finance Corp., defendant third-party plaintiff-respondent; Long Island Women's Healthcare Group, P.C., third-party defendant/ fourth-party plaintiff-appellant; Valley Forge Insurance Co., fourth-party defendant-appellant (and a related action). (Index No. 12890-00)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Nassau County, dated December 17, 2003.

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

ORDERED that the applications are granted and the appeals marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17798

S/sl

2004-02365 NAB Asset Venture, IV, LLP, respondent, v Orangeburg Equities, et al., appellants. (Index No. 4989/00)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Rockland County, dated March 8, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 8, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17888

CF/

2004-07665 New York & Presbyterian Hospital, a/a/o Mehrdad Fakhrin, et al., respondents, v State Farm Mutual Automobile Insurance Company, appellant. (Index No. 3426/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 26, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17910

C/sl

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-09320 Deonarine Ramnarain, appellant, v Chandradat Ramnarain, et al., respondents. (Index No. 24620/98)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to stay the sale of the subject premises pending the hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 20, 2004.

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

ORDERED that the motion is denied.

SMITH, J.P., CRANE, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17874

S/sl

2004-00359, 2004-03407 Viktor Rudovic, et al., appellants, v Board of Managers of Park Manor Condominium, et al., respondents. (Index No. 28735/00)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated November 24, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 17, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17895

CF/

2004-06617 Anna Sawoszczyk, respondent, v Chris Rudak, et al., appellants. (Index No. 5662/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated July 7, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17809

CF/

2004-04161 Michelle Scaltsas, respondent, v Bradless Stores, Inc., appellant. (Index No. 1851/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 17, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17851

S/sl

2004-00943 Samuel Schwartz, etc., et al., appellants, v Chatchavan Suebsanguan, defendant, Gordon D. Lutchman, etc., et al., respondents. (Index No. 6604/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated November 5, 2003.

ORDERED that the application is granted and the appellants' reply brief shall be served and filed on or before November 20, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17766

PL/sl

2004-03996 Michael A. Sita, et al., respondents, v Long Island Jewish-Hillside Medical Center, et al., appellants. (Index No. 32552/95)

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, Nassau County, dated March 26, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 29, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17828

CF/

2004-01750 Steven Thompson, appellant, v Janet Thompson, respondent. (Index No. 18702/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated September 25, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17825

CF/

2004-03803 Leigh Elizabeth Todd, et al., appellants, v Tennis Equities, Inc., et al., respondents. (Index No. 10992/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 5, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17897

CF/

2004-00289 In the Matter of Allstate Power Vac, Inc., appellant, v New York City Transit Authority, respondent. (Index No. 17724/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Kings County, dated November 24, 2003.

Upon the stipulation of the parties, dated September 20, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17804

M/nal

2004-06450 In the Matter of Kofi Kari Kari Awere, appellant, v Gertrude Sims, respondent. (Docket No. F-06810-02)

SCHEDULING ORDER

Appeal by Kofi Kari Kari Awere from an order of the Family Court, Queens County, dated June 23, 2004. By decision and order of this court dated October 26, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person, for the assignment of counsel, free transcripts, and the waiver of the filing fee was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M17794

S/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-09449 In the Matter of Debbire Boyle, respondent, v Howard Porter, appellant. (Docket No. V-4666-03)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Appeal by Howard Porter from an order of the Family Court, Richmond County, dated September 21, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the aggrieved party (see CPLR 5511).

KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17800

M/nal

2004-05238 In the Matter of Denise Bugdin, appellant, v James A. Bugdin, respondent. (Docket No. F-00979-03)

SCHEDULING ORDER

Appeal by Denise Bugdin from an order of the Family Court, Suffolk County, dated May 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 1, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M17889

CF/

2004-07622 In the Matter of Emma Candela, deceased. Joan Kolic, et al., petitioners-respondents; Susan H. Baker, appellant; Barbara Marchisella, et al., respondents-respondents. (File No. 3523/00)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a decision of the Surrogate's Court, Queens County, dated July 20, 2004.

Upon the stipulation of the parties, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17855

S/sl

2004-03443 In the Matter of Colin Clarke, appellant, v Raymond P. Martinez, respondent. (Index No. 28120/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Suffolk County, dated March 30, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 1, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17835

M/nal

GABRIEL M. KRAUSMAN , J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEVEN W. FISHER , JJ.

2004-03332 In the Matter of Louis de la Parra, appellant, v Diane S. Cazzetta, respondent. (Docket No. F-774/97)

DECISION & ORDER ON MOTION

Appeal by Louis de la Parra from an order of the Family Court, Suffolk County, dated March 4, 2004. By order to show cause dated July 27, 2004, 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 June 15, 2004, issued pursuant to 22 NYCRR 670.4(a). By decision and order dated September 9, 2004, the motion to dismiss was denied, and the appellant was given until October 25, 2004, to perfect the above-entitled appeal. The appeal has not been perfected. On the court's own motion it is

ORDERED that the appeal is dismissed, without costs or disbursements.

KRAUSMAN, J.P., GOLDSTEIN, ADAMS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17805

M/nal

2004-06623, 2004-09321 In the Matter of Carl F. (Anonymous), appellant. (Docket No. D-433/04)

SCHEDULING ORDER

Appeals by Carl F. from two orders of the Family Court, Queens County, dated April 21, 2004, and June 29, 2004, respectively. By decision and order of this court dated October 28, 2004, the following attorney was assigned as counsel on the appeal:

Jeffrey Bluth, Esq.

415 Albermarle Road

Brooklyn, New York 11218

(718) 435-5357

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 28, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.

Appellate Division: Second Judicial Department

M17624

M/nal

2004-03253, 2004-05793 In the Matter of George Gittens, appellant, v Michele Chin-On, respondent. (Docket No. V-10179/00)

SCHEDULING ORDER

Appeals by George Gittens from two orders of the Family Court, Kings County, dated March 9, 2004, and June 22, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on October 25, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M17858

O/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-06646 In the Matter of Hegeman Asset, LLC, petitioner, v Joan C. Smith, respondent. (Index No. 86971/03)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated March 10, 2004, which reversed an order of the Civil Court of the City of New York, Kings County, entered January 22, 2004.

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

ORDERED that the motion is denied.

SMITH, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17859

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-05242 In the Matter of Johvanny Herrera, appellant, v Kelly O'Neill, respondent. (Docket No. V-2948-00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 7, 2004, in the above-entitled case is amended by deleting from the fifth decretal paragraph the attorney "Edward Fox, Esq., 41 Landing Meadow Road, Smithtown, New York 11787, (631)724-7980" and substituting therefor, "Salvatore Adamo, Esq., PMB 185, 414 West Sunrise Highway, Patchogue, New York 11772-2254, (212) 964-7983."

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17850

O/sl

FRED T. SANTUCCI, J.P.

MYRIAM J. ALTMAN

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2003-02380 In the Matter of Annie Keeling (Vincent Owens), appellant, v People of the State of New York, respondent. (Ind. Nos. 5730/93, 257/94, 258/94, 352/94)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated August 23, 2002, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied; and it is further,

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8); and it is further,

ORDERED that the motion is otherwise denied as academic.

SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17810

M/nal

2004-07393, 2004-07394, 2004-07395 In the Matter of Christopher Kellermueller, respondent, v Cynthia St. John, appellant. In the Matter of Kiki St. John, respondent, v Cynthia St. John, appellant. (Docket Nos. O-1714-04, V-981-98)

ORDER TO SHOW CAUSE

Appeals by Cynthia St. John from an order of the Family Court, Rockland County, dated August 3, 2004, and two orders of the same court both dated August 4, 2004. By scheduling order dated September 21, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeals; or

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

(3) if the transcripts were not received, an affidavit or affirmation stating that they were ordered and paid for, the date thereof and the date by which the transcripts were expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeals.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with the scheduling order dated September 21, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 15, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17452

F/

FRED T. SANTUCCI, J.P.

ROBERT W. SCHMIDT

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-07857 In the Matter of Susanna Kraus, respondent, v Sheldon Kraus, appellant. (Docket No. 0-0990-04)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated August 23, 2004, as a poor person, and for the assignment of counsel.

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

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

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

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

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

Janessa M. Trotto, Esq.

49 Main Street - Suite 2

Sayville, New York 11782

(631) 897-3410

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17854

F/

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-04667, 2004-06626 In the Matter of Damon Licari, respondent, v Cheryl Mulderig, appellant. (Docket No. V-11186-03)

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

Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Suffolk County, dated April 23, 2004, and May 21, 2004, respectively, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in 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 m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

Gina M. Scelta, Esq.

P.O. Box 407

Centerport, New York 11721

(631) 547-9311

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.

KRAUSMAN, J.P., GOLDSTEIN, LUCIANO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17450

M/nal

2004-03272 In the Matter of Jeanette L. Lucena, et al., respondents, v William Lopez, appellant. (Docket No. V-11,014-03)

SCHEDULING ORDER

Appeal by William Lopez from an order of the Family Court, Westchester County, dated March 8, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until November 5, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17808

S/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-02508 In the Matter of Alfred Mancuso, petitioner, v Anne G. Feldman, respondent. (Index Nos. 3414/76, 3415/76)

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 in the nature of prohibition. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated June 15, 2004, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.

Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated June 15, 2004, it is

ORDERED that the proceeding is dismissed, without costs or disbursements.

RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17865

R/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-00409 In the Matter of Noah I. Mc. (Anonymous), appellant. (Docket No. S-4900/03)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Family Court, Suffolk County, dated December 10, 2003, on the ground that the appellant did not properly settle the transcript.

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 the appellant has absconded from the facility at which he was placed and is not available to obey the mandate of the court (see Matter of Magdalene N. [Anonymous], 180 AD2d 799); and it is further,

ORDERED that the motion is denied as academic.

KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17849

F/

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-05356 In the Matter of Francine Mitchell, respondent, v Lesly Remy, appellant. (Docket No. F-0825/92)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Queens County, dated May 7, 2004, as a poor person, and for the assignment of counsel.

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

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

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

KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17852

F/

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

PETER B. SKELOS, JJ.

2004-04633 In the Matter of Tammy Moloney, respondent, v James Moloney, appellant. (Docket Nos. V-13500-03, V-13501-03, V-13502-03, V-13503-03)

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 September 17, 2004, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant to recall and vacate a decision and order on motion of this court dated June 9, 2004, which dismissed an appeal from an order of the Family Court, Nassau County, dated March 26, 2004, to reinstate the appeal, 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 or opposition thereto, it is

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

ORDERED that the decision and order on motion of this court dated June 9, 2004, is recalled and vacated; 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:

John Zenir, Esq.

114 Old Country Road - Suite 216

Mineola, New York 11501

(516) 746-0180

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17795

M/nal

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-06631 In the Matter of Corinne Nogueras, respondent, v Charles Nogueras, appellant. (Docket No. F-3302-04)

DECISION & ORDER ON MOTION

Appeal by Charles Nogueras from an order of the Family Court, Suffolk County, dated June 29, 2004. By order to show cause dated September 29, 2004, 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 19, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).

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; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until November 30, 2004.

KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17832

O/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-07501 In the Matter of Lasyah M. Palmer, etc., appellant, v New York State Department of Correctional Services, respondent. (Index No. 2340/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated August 12, 2004, as a poor person.

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 for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that those branches of the motion which are for a copy of the transcript without charge and to waive payment of the filing fee are denied.

H. MILLER, J.P., ADAMS, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17614

M/nal

HOWARD MILLER, J.P.

THOMAS A. ADAMS

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-05934 In the Matter of Jasmine R. (Anonymous). Suffolk County Department of Social Services, respondent; Luis R. (Anonymous), appellant. In the Matter of David R. (Anonymous). Suffolk County Department of Social Services, respondent; Luis R. (Anonymous), appellant. In the Matter of Joshua R. (Anonymous). Suffolk County Department of Social Services, respondent; Luis R. (Anonymous), appellant. In the Matter of Krystina R. (Anonymous). Suffolk County Department of Social Services, respondent; Luis R. (Anonymous), appellant. (Docket Nos. N-17200-03; N-17214-03; N-17215-03, N-17216-03)

DECISION & ORDER ON MOTION

Appeal by Luis R. from an order of the Family Court, Suffolk County, dated June 9, 2004. By order to show cause dated September 29, 2004, 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 2, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).

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; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 3, 2004.

H. MILLER, J.P., ADAMS, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17837

M/nal

GABRIEL M. KRAUSMAN, , J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, 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)

SCHEDULING ORDER

Appeal by Gordana K. from an order of the Family Court, Suffolk County, dated June 10, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until November 12, 2004; and it is further,

ORDERED that no further enlargement of time shall be granted.

KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17819

CF/

2004-03631 In the Matter of Dianna Robinson, respondent, v Ali Chettih, appellant. (Docket No. F-1821-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Dutchess County, dated August 16, 2004.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17533

M/nal

2004-05044, 2004-08908 In the Matter of Camille N. Rochester, respondent, v Fred B. Rochester, appellant. (Docket No. O-5226-04)

SCHEDULING ORDER

ORDERED that the scheduling order of this court in the above-entitled proceeding dated October 5, 2004 is recalled and vacated, and the following scheduling order is substituted therefor:

Appeals by Fred B. Rochester from two orders of the Family Court, Suffolk County, dated May 5, 2004, and September 21, 2004, respectively. By decision and order of this court dated October 20, 2004, the following attorney was assigned as counsel on the appeals:

Evan Tanenbaum, Esq.

Beler & Tanenbaum, P.C.

25 West Main Street

Smithtown, New York 11787

(631) 979-1027

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated September 28, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M17812

M/nal

2004-07304, 2004-07832 In the Matter of Deana Marie S. (Anonymous). Seaman's Society for Children and Families, respondent; Sabrina T. (Anonymous), appellant. In the Matter of Serena Briana Marie T. (Anonymous). Seaman's Society for Children and Families, respondent; Sabrina T. (Anonymous), appellant. (Docket Nos. B-10529/02, B-10530/02)

ORDER TO SHOW CAUSE

Appeals by Sabrina T. from two orders of the Family Court, Kings County, dated June 17, 2004, and July 1, 2004, respectively. By scheduling order dated September 17, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeals; or

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

(3) if the transcripts were not received, an affidavit or affirmation stating that they were ordered and paid for, the date thereof and the date by which the transcripts were expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeals.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with the scheduling order dated September 17, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 15, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17818

M/nal

2004-07956, 2004-07957 In the Matter of Carliph T. (Anonymous), appellant. (Docket No. D-02953/04)

SCHEDULING ORDER

Appeals by Carliph T. from two orders of the Family Court, Richmond County, dated July 14, 2004, and August 13, 2004, respectively. By decision and order of this court dated October 28, 2004, the following attorney was assigned as counsel on the appeals:

Andrew John Calcagno, Esq.

404 Manor Road - 1st Floor

Staten Island, New York 10314

(718) 815-0200

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

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

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

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

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated October 28, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.

Appellate Division: Second Judicial Department

M17803

M/nal

2004-06415 In the Matter of Curnelle T. (Anonymous), respondent. Corporation Counsel of the City of New York, appellant. (Docket No. E-5919/04)

SCHEDULING ORDER

Appeal by the Presentment Agency from an order of the Family Court, Kings County, dated July 13, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 1, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M17814

M/nal

2004-07479, 2004-07480, 2004-07481 In the Matter of Margaret T. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Michael T. (Anonymous), appellant, et al., respondent. (Docket Nos. B-03200-03, B-03201-03, B-03202-03)

ORDER TO SHOW CAUSE

Appeals by Michael T. from three orders of the Family Court, Dutchess County, dated October 27, 2003, July 9, 2004, and July 15, 2004, respectively. By scheduling order dated September 17, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeals; or

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

(3) if the transcripts were not received, an affidavit or affirmation stating that they were ordered and paid for, the date thereof and the date by which the transcripts were expected; or

(4)an affidavit or an affirmation withdrawing the appeals.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling order dated September 17, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 15, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17863

R/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-08191 In the Matter of Tracy V. Thomas, petitioner, v Marcus Thomas, respondent. (Docket Nos. V-20407-07/00, V-20407-08/00, V-20407-09/00)

DECISION & ORDER ON MOTION

Motion by the petitioner, inter alia, for leave to appeal to this court from an order of the Family Court, Kings County, dated August 25, 2004 and to reinstate a temporary restraining order of the same court dated August 6, 2004, and cross motion by the respondent to dismiss the appeal on the ground that is has been rendered academic.

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

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

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

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

ORDERED that the cross motion is denied as academic.

RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17451

M/nal

2003-07284, 2003-07287, 2003-07289 In the Matter of Richard and Tamaroa Wolf, petitioners- respondents, v Barry D. (Binyamen) Rothman, et al., appellants, et al., respondent. (Proceeding No. 1) (Docket No. V-022644-00) In the Matter of Jacob and Pessy Goldstein, petitioners- respondents, v Barry D. (Binyamen) Rothman, et al., appellants, et al., respondent. (Proceeding No. 2) (Docket No. V-022642-00) In the Matter of Eugene and Elishea Flink, petitioners- respondents, v Barry D. (Binyamen) Rothman, et al., appellants, et al., respondent. (Proceeding No. 3) (Docket No. V-022643-00)

SCHEDULING ORDER

Appeals by Barry D. (Binyamen) Rothman and Laura Miriam Rothman from an order of the Family Court, Kings County, dated June 16, 2003, and two orders of the same court both dated June 17, 2003. The appellants' briefs were filed in the office of the Clerk of this court on September 13, 2004, and October 14, 2004, respectively. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M17842

S/sl

2000-01030 The People, etc., respondent, v Corey Anthony, appellant. (Ind. No. 98-548)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Rockland County, rendered January 19, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 6, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17666

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-07746 The People, etc., respondent, v Joseph Browning, appellant. (Ind. No. 2071-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered August 16, 2004, 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 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 and 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:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 3538

Ulster Corr. Fac.

Box 800

Napanoch, New York 12458

Appellate Division: Second Judicial Department

M17677

F/

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-08140 The People, etc., plaintiff, v Randy Carpenter, defendant. (Ind. No. 03-01306)

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 County Court, Westchester County, rendered April 29, 2004, 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.

SMITH, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 2623

Bare Hill Corr. Fac.

Caller Box 20 - 181 Brand Road

Malone, New York 12953

Appellate Division: Second Judicial Department

M17663

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-07738 The People, etc., respondent, v Jorge Castillo, appellant. (Ind. No. 1558-02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered August 6, 2004, 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 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 and 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:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4491

Bare Hill Corr. Fac.

Caller Box 20

Malone, New York 12953

Appellate Division: Second Judicial Department

M17778

Y/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2003-00273, 2003-01557 The People, etc., respondent, v John P. Daly, appellant. (Ind. No. 1561/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on appeals from a judgment of the County Court, Nassau County, rendered January 6, 2003, and an amended sentence of the same court imposed February 6, 2003.

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

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

ORDERED that the respondent's time to serve and file a brief is enlarged until December 6, 2004, and the respondent's brief must be served and filed on or before that date.

KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17664

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-08318, 2004-08320 The People, etc., respondent, v Ronald Diggs, appellant. (Ind. Nos. 2364-03, 2436-02)

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

Motion by the appellant pro se for leave to prosecute appeals from two judgments of the County Court, Suffolk County, both rendered August 26, 2004, 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 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 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 and 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 appeals:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals 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 appeals; 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 appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 3906

Ulster Corr. Fac.

Box 800

Napanoch, New York 12458

Appellate Division: Second Judicial Department

M17665

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-07742, 2004-07743 The People, etc., respondent, v Charles Durant, appellant. (Ind. Nos. 123-04, 1643-04)

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

Motion by the appellant pro se for leave to prosecute appeals from two judgments of the County Court, Suffolk County, both rendered August 9, 2004, 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 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 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 and 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 appeals:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals 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 appeals; 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 appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4535

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562

Appellate Division: Second Judicial Department

M17877

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2002-04658 The People, etc., respondent, v Clifton Earp, appellant. (Ind. No. 1035/01)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from a judgment of the Supreme Court, Kings County, rendered May 3, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17669

F/

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-08669 The People, etc., respondent, v Reginald Gallerson, appellant. (Ind. No. 2277/02)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered September 23, 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 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 and 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:

Michael A. Fiechter, Esq.

114 Goldie Avenue

North Bellmore, New York 11710

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.

SMITH, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 5370

Clinton Corr. Fac.

Box 2002

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M17873

S/sl

2004-04230, 2004-04231 The People, etc., appellant, v Gerald Garson, respondent. (Ind. Nos. 3515/03, 5332/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Kings County, dated April 29, 2004, and May 6, 2004, respectively.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 13, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17862

Y/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

1996-05560 The People, etc., respondent, v Adrian Greaves, appellant. (Ind. No. 41/95)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered June 18, 1996, for leave to serve and file a supplemental brief.

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

ORDERED that the motion is denied.

SMITH, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17556

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-01021 The People, etc., respondent, v Bobby Hayes, appellant. (Ind. No. 849/02)

DECISION & ORDER ON MOTION

Motion by the retained counsel to withdraw as counsel for the appellant on an appeal from a judgment of the County Court, Nassau County, rendered January 23, 2003, and for leave to the appellant 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 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 and 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:

Leon Tracy, Esq.

366 N. Broadway - Suite 410

Jericho, New York 11753-2826

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.

RITTER, J.P., S. MILLER, MASTRO, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 0811

Green Haven Corr. Fac.

P.O. Box 4000

Stormville, New York 12582

Appellate Division: Second Judicial Department

M17671

F/

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-04514 The People, etc., respondent, v James High, appellant. (Ind. No. 1367/02)

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, Queens County, rendered May 6, 2003, 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.

SMITH, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 R 2753

Butler Corr. Fac.

Box 400

Red Creek, New York 13143

Appellate Division: Second Judicial Department

M17661

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-08139 The People, etc., respondent, v Joseph Mannarino, appellant. (Ind. No. 73/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Richmond County, rendered March 5, 2004.

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

ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Richmond County, rendered March 5, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17662

F/

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT F. LIFSON, JJ.

2004-08100 The People, etc., respondent, v Fernando Matute, appellant. (Ind. No. 1804/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens County, rendered February 4, 2004.

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

ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Queens County, rendered February 4, 2004.

SMITH, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17673

F/

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-06203 The People, etc., respondent, v Angel Omar Reina, appellant. (Ind. No. 03-00895)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered June 8, 2004, 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 and in relation thereto, it is

ORDERED 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 and 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:

Randall Richards, Esq.

1428 Midland Avenue - Suite 6

Bronxville, New York 10708-6042

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.

SMITH, P.J., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4256

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M17684

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01687 The People, etc., respondent, v Vernon Roper, appellant. (Ind. No. 208/01)

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 a judgment of the County Court, Nassau County, rendered July 9, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on May 18, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Leon Tracy, Esq.

366 N. Broadway - Suite 310

Jericho, New York 11753-2826

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:

James G. Frankie, Esq.

1565 Franklin Avenue - Suite 100

Mineola, New York 11501

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 if 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., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 R 4016

Cape Vincent Corr. Fac.

Route 12E - Box 739

Cape Vincent, New York 13618

Appellate Division: Second Judicial Department

M17683

F/

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-08110 The People, etc., respondent, v Victor M. Santos, appellant. (Ind. No. 789-03)

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 appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered May 11, 2004, 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 granted; and it is further,

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; 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 respondents' 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 in 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 or 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:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and 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.

SMITH, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

82 B 1505

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M17899

CF/

2001-07793 The People, etc., respondent, v Edward L. Stevens, Jr., appellant. (Ind No. 1/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the County Court, Dutchess County, rendered July 27, 2001.

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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17670

F/

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-03371 The People, etc., respondent, v Hugh Anthony Townsend, appellant. (Ind. No. 03-01102)

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

Renewed motion by the appellant se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered March 29, 2004, 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 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 and 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:

Judith E. Permutt, Esq.

111 Brook Street

Scarsdale, New York 10583

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.

SMITH, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

M17668

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-07757 The People, etc., respondent, v Kenyatte Williams, appellant. (Ind. No. 2899-02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered August 10, 2004, 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 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 and 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:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

M17836

O/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-08770 The People, etc., ex rel. Julius Scalercio, petitioner, v William Mazzuca, etc., respondent.

DECISION & ORDER ON MOTION

Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.

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

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

ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).

The allegations of merit contained in the petitioner's affidavit in support of the motion fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).

H. MILLER, J.P., ADAMS, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court