APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4078

T/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

NANCY E. SMITH

HOWARD MILLER, JJ.

2003-03375, 2003-03376, 2003-07681 Silva Merced Arqueta Ayala, etc., et al., plaintiffs-respondents, v House of God Church, et al., defendants second third-party plaintiffs- respondents, L.J.C. Demolition & Excavation Corp., et al., defendants third-party plaintiffs respondents-appellants, Colgate Scaffolding Corp., defendant third third-party respondent, Colgate Scaffolding and Equipment Corp., defendant third-party plaintiff-respondent, Church Constructors, Inc., defendant respondent-appellant; Grandview Contracting Corp., third-party defendant, second and third third-party defendant appellant-respondent. (Index No. 4813/99)

DECISION & ORDER ON MOTION

Motion by L.J.C. Demolition & Excavation Corp. and Recine Materials Corp. to stay all proceedings in the above-entitled action, including the trial thereof, pending hearing and determination of appeals from three orders of the Supreme Court, Kings County, dated February 24, 2003 and March 20, 2003 (Appellate Division Docket Nos. 2003-03375 and 2003-03376, respectively), and June 11, 2003 (Appellate Division Docket No. 2003-07681), to consolidate the appeals under Appellate Division Docket Nos. 2003-03375 and 2003-03376 with the appeal under Appellate Division Docket No. 2003-07681, and for leave to refer to the joint record filed in connection with the appeals under Appellate Division Docket Nos. 2003-03375 and 2003-03376 in the briefs to be served and filed in connection with the appeal under Appellate Division Docket No. 2003-07681.

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 consolidate the appeals under Appellate Division Docket Nos. 2003-03375 and 2003-03376 with the appeal under Appellate Division Docket No. 2003-07681 is granted to the extent that the appeals under Appellate Division Docket Nos. 2003-03375 and 2003-03376 shall be heard together with the appeal under Appellate Division Docket No. 2003-07681, and the appeals shall be argued or submitted on the same day, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for leave to refer to the joint record filed in connection with the appeals under Appellate Division Docket Nos. 2003-03375 and 2003-03376 in the briefs to be served and filed in connection with the appeal under Appellate Division Docket No. 2003-07681 is granted; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, including the trial thereof, pending hearing and determination of the appeals is denied.

RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4083

S/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

NANCY E. SMITH

HOWARD MILLER, JJ.

2003-08840 Norman Blumenthal, plaintiff, v Haideen Blumenthal, defendant. (Index No. 201895/02)

DECISION & ORDER ON MOTION

Appeal by Norman Blumenthal from so much of an order of the Supreme Court, Nassau County, dated August 22, 2003, as directed a hearing on his motion to sanction the defendant pursuant to CPLR 3126 for failure to comply with discovery demands.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the portion of the order appealed from is not appealable as of right and we decline to grant leave to appeal (see Bagdy v Progresso Foods Corp., 89 AD2d 589).

RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4089

S/sl

2003-04882 Lucretia Broncati, et al., respondents, v City of White Plains, appellant, et al., defendants. (Index No. 16119/99)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Westchester County, dated May 21, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 4, 2003, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4088

S/sl

2003-00756, 2003-06575 Riheam Gilley, et al., appellants, v Haywood Brown, et al., respondents. (Index No. 4627/00)

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 appeals from two orders of the Supreme Court, Kings County, dated November 22, 2002, and April 28, 2003, respectively.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 10, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4106

O/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

NANCY E. SMITH

HOWARD MILLER, JJ.

2003-09051 Theresa Hanlon, et al., respondents, v Alan Rosenthal, etc., et al., appellants, et al., defendants. (Index No. 6936/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay a deposition of the defendant Alan Rosenthal pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated October 3, 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.

RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4061

M/mv

2003-01455 Cynthia Johnson, et al., respondents, v City of New York, et al., appellants. (Index No. 39815/95)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated January 28, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 5, 2003, and the respondents' brief which was deposited in the office of the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4138

T/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO, JJ.

2003-09020 Scott Mathisson, etc., et al., plaintiffs-respondents, v City of New York, et al., defendants-respondents, Mohawk Milling and Sweeping Corporation, et al., appellants. (Index No. 8250/00)

DECISION & ORDER ON MOTION

Motion by the appellant Raebeck Construction Corp. to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Queens County, dated September 12, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4087

S/sl

2003-03581 ORDER ON APPLICATION Rabia Mir, etc., respondent, v County of Nassau, defendant, Nassau Health Care Corporation, appellant. (Index No. 18841/00)

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated April 8, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 10, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4137

S/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

LEO F. McGINITY

REINALDO E. RIVERA, JJ.

2003-04059 Maria Rivera, appellant, v 1662 New York Avenue Corp., et al., respondents. (Index No. 11594/00)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent 54 Plus Realty Corp. to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated April 2, 2003, for failure to timely perfect the same and cross motion by the appellant to impose a sanction on 54 Plus Realty Corp.

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

ORDERED that the motion and cross motion are denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4103

C/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

NANCY E. SMITH

HOWARD MILLER, JJ.

2003-02804 Anthony Sharifi, Jr., etc., et al., respondents, v City of New York, et al., appellants. (Index No. 17881/00)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated December 12, 2002.

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 the hearing and determination of the appeal.

RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4086

S/sl

2003-02694 Tappan Wire & Cable, Inc., respondent-appellant, v County of Rockland, et al., appellants-respondents, et al., defendants. (Index No. 3273/00)

ORDER ON APPLICATION

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4060

A/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2003-06174 Zack Associates, Inc., etc., respondent, v Setauket Fire District, appellant. (Index No. 920/00)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated May 13, 2003, inter alia, in effect, for leave to serve and file a supplemental record on appeal, containing, among other things, a stipulation dated January 20, 2003, and cross motion by the respondent to strike from the appellant's brief all references to the stipulation dated January 20, 2003, and the date of incorporation of the respondent.

Upon the papers filed in support of the motion and the 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 granted and all references in the appellant's brief to the stipulation dated January 20, 2003, and the date of incorporation of the respondent are stricken; and it is further,

ORDERED that on or before November 19, 2003, the appellant shall delete from all of the copies of its briefs on file with this court, the following: On page 6, from the first full paragraph, beginning with the words "only thereafter" and ending with the words "Pages A1-A2"; on page 32, beginning with the words "ZACK did not even" and ending with the words "Pages A3-A4"; on page 33, the entire first sentence; on page 36, (1) from the first full paragraph, beginning with the words "never could produce" and ending with the words "PROSPECT STREET", and (2) the entire last sentence, extending to the first line on page 37; on page 37, from the first full paragraph, the entire last sentence; on page 43, from the second full paragraph, the words "Appendix hereto - Stipulation of January 20, 2003 at pages A1 - A2"; and on page 44, from the last paragraph, third sentence, beginning with the words "and eventual admissions" and ending with the words "Pages A1 - A2"; and it is further,

ORDERED that on the court's own motion the respondent's time to serve and file its brief on the appeal is enlarged until December 19, 2003, and the respondent's brief shall be served and filed on or before that date.

ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4141

C/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE, JJ.

2001-05592, 2001-09295 In the Matter of Congregation Gates of Prayer of Far Rockaway, Inc., etc., appellant, v City of New York, et al., respondents. (Index No. 27259/00)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from (1) a judgment of the Supreme Court, Queens County, dated May 10, 2001, and (2) an order of the same court dated September 28, 2001, which were determined by decision and order of this court dated July 1, 2002, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., FLORIO, KRAUSMAN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4071

A/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

NANCY E. SMITH

HOWARD MILLER, JJ.

2003-04401 In the Matter of George Denton, deceased. G. Hallett Denton, respondent; Andrew A. Hyman, et al., appellants. (File No. 719/89)

DECISION & ORDER ON MOTION

Motion by the appellants for a preference in the calendaring of an appeal from a decree of the Surrogate's Court, Westchester County, dated April 23, 2003.

Upon the papers submitted 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 the appeal shall be calendared when it is fully perfected.

RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4140

C/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2002-11276 In the Matter of Francisco F. (Anonymous). New York State Office of Mental Health, petitioner. (Index No. 9258/01)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to reargue a motion for leave to appeal to this court from an order of the County Court, Westchester County, dated November 14, 2002, which was determined by decision and order on motion of this court dated June 2, 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., S. MILLER, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4084

S/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

NANCY E. SMITH

HOWARD MILLER, JJ.

2003-08962 In the Matter of Sheung C. Ingle, respondent, v Patrick O. Ingle, appellant. (Docket No. O-05820/02)

DECISION & ORDER ON MOTION

Appeal by Patrick O. Ingle from an order of the Family Court, Dutchess County, dated June 12, 2003.

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

ORDERED that the appellant's notice of appeal from the order dated June 12, 2003, is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]; Family Ct Act §1112).

RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4123

E/sl

SONDRA MILLER, J.P.

LEO F. McGINITY

STEPHEN G. CRANE

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2003-01314 In the Matter of Robert Schaffer, petitioner, v Babylon Union-Free School District, et al., respondents. (Index No. 14859/02)

DECISION & ORDER ON MOTION

Motion by the petitioner in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Suffolk County, dated October 29, 2002, for leave to reargue his motion to enlarge the time to perfect the proceeding, which was determined by decision and order on motion of this court dated September 8, 2003.

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

ORDERED that the motion is granted, and upon reargument, the motion to enlarge the time to perfect the proceeding is granted and the order dated September 8, 2003, is vacated; and it is further,

ORDERED that the petitioner's time to perfect the proceeding is enlarged until December 8, 2003, and the petitioner's record or appendix and brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

S. MILLER, J.P., McGINITY, CRANE, COZIER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3871

F/

WILLIAM F. MASTRO, J.

2003-04890 The People, etc., plaintiff, v Aurello Barnes, a/k/a Escalante Barnes, defendant. (Ind. No. 4183/96)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated May 1, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

WILLIAM F. MASTRO

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4113

C/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

NANCY E. SMITH

HOWARD MILLER, JJ.

2002-00305 The People, etc., respondent, v Frank Carbone, a/k/a Steven Ascanio, appellant. (Ind. No. 4229/94)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, for leave to serve and file an appendix to his supplemental pro se brief on an appeal from a judgment of the Supreme Court, Queens County, rendered December 18, 2001.

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

ORDERED that the motion is denied.

RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4026

F/

REINALDO E. RIVERA, J.

2003-08119 The People, etc., plaintiff, v Dino Caroselli, a/k/a Wayne Horan, defendant. (Ind. No. 5319/84)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated May 20, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

REINALDO E. RIVERA

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4114

O/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

LEO F. McGINITY

REINALDO E. RIVERA, JJ.

2001-08717 The People, etc., respondent, v Cordell Morrison, appellant. (Ind. No. 2955/99)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the County Court, Suffolk County, rendered March 20, 2001, and substitute retained counsel. The appellant's motion to dispense with printing and for assignment of counsel was granted on December 10, 2001, and the following named attorney was assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk Co. - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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

ORDERED that the motion is granted; and the following retained counsel is substituted for assigned counsel:

George Harmel, Jr., Esq.

33 Wheeler Road

Central Islip, N.Y. 11722

and it is further,

 ORDERED that the remainder of this court's decision and order on motion dated December 10, 2001, in the above-entitled action is recalled and vacated; and it is further,

ORDERED that assigned counsel is directed to turn over all of the papers in the action to this court; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4116

O/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

LEO F. McGINITY

REINALDO E. RIVERA, JJ.

2002-03559 The People, etc., respondent, v Melvin Smith, appellant. (Ind. No. 3321/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 10, 2002, and for assignment of new counsel.

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

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

ORDERED that on the court's own motion, the appellant is granted leave to serve and file a supplemental pro se brief; 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., KRAUSMAN, McGINITY and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4085

S/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

NANCY E. SMITH

DANIEL F. LUCIANO, JJ.

2003-00228 The People, etc., respondent, v Panagiotis Theodorou, appellant. (Ind. No. 4813/87)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 3, 2003, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the appellant pro se for leave to prosecute an appeal from a purported judgment of the Supreme Court, Queens County, rendered December 23, 2002, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied on the ground that the appeal was dismissed by decision and order on motion of this court dated April 11, 2003, as the purported judgment was merely a proceeding to cause the judgment of the same court, rendered July 26, 1988, to be brought to execution (see People v Crawford, 239 AD2d 514).

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

ENTER:

James Edward Pelzer

Clerk