Appellate Division: Second Judicial Department

M17868

S/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-05105 Patricia Bonamo, respondent, v John J. Bonamo, appellant. (Index No. 03011/04)

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 May 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the stay which was granted by decision and order on motion of this court dated August 17, 2004, is vacated forthwith.

PRUDENTI, P.J., SCHMIDT, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17919

PL/sl

2004-04853 Paul Caruana, et al., appellants, v Lexington Village Condominiums at Bayshore, et al, defendants, Geoffrey Schwartz, et al., respondents. (Index No. 21059/97)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 30, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 18, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17934

R/sl

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-05579, 2004-06711 Sharon M. Chang, etc., respondent, v Chunbukyo Church, et al., appellants. (Index No. 32196/01)

DECISION & ORDER ON MOTION

Motion by the appellant Home Depot, Inc. to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, both dated May 26, 2004, and for a preference in the calendaring of the appeals.

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

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

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17923

O/sl

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-04123 Richard A. Costa, et al., respondents- appellants, v Racer Development Corp., et al., appellants-respondents. (Index No. 4190/03)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal and cross-appeal from an order of the Supreme Court, Westchester County, entered November 19, 2003, for leave to supplement the record to include, inter alia, transcripts of deposition testimony and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion, and upon the stipulation of the parties dated October 26, 2004, it is

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before December 6, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17822

M/nal

2004-08245 Elizabeth Crespo, appellant, v Eugene Lombardo, respondent. (Index No. 29909/03)

ORDER TO SHOW CAUSE

Appeal by Elizabeth Crespo from an order a of the Supreme Court, Kings County, dated August 10, 2004. By scheduling order dated October 1, 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 Supreme Court proceedings to be transcribed for the appeal; or

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

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

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

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 appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 1, 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 18, 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

M17946

L/

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2003-06015 Pierre Desulme, respondent, v Nanette M. Stanya, et al., appellants, et al., defendants. (Index No. 18336/00)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Nanette M. Stanya, for leave to withdraw her appeal from an order of the Supreme Court, Nassau County, dated June 17, 2003.

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 by Nanette M. Stanya, is deemed withdrawn, without costs or disbursements.

KRAUSMAN, J.P., LUCIANO, MASTRO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17942

S/sl

2004-04490 Nicola Devito, respondent, v Oi Ying Ho, appellant. (Index No. 8591/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered May 12, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 12, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17901

PL/sl

2004-04073 Michael Esposito, appellant, v SPA Nightclub, et al., respondents. (Index No. 9039/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered April 28, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 3, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17884

S/sl

2004-02247, 2004-02249 Federal Insurance Company, appellant, v 82-04 Lefferts Tenants Corp., et al., respondent. (Index No. 9315/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated January 9, 2004, and February 4, 2004, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until November 26, 2004, and the record or appendix on the appeals and the appellant'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

M17912

C/sl

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-00108 Garson Brothers Armonk, LLC, respondent, v Martin Gorki, appellant, et al., defendants. (Index No. 3255/03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered November 25, 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 it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until December 6, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17911

C/sl

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-09130 Frank Hirsch, respondent, v Debra Hirsch, appellant. (Index No. 7090/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Rockland County, dated October 15, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17864

R/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-07612 Laney Jones, et al., appellants, v City of New York, respondent. (Index No. 25487/94)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated August 16, 2004, which determined an appeal from an order of the Supreme Court, Kings County, dated August 5, 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.

FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17796

S/sl

2003-10432, 2004-00648 Albert Katz, et al., appellants, v Pathmark Stores, Inc., et al., respondents. (Index No. 5055/01)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Kings County, dated October 8, 2003, and November 23, 2003, respectively.

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

M17913

C/sl

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-00461, 2004-00464 Roberta L. Koeppel, et al., appellants, v Carlandia Corporation, et al., respondents. (Index No. 8294/03)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from (1) an order of the Supreme Court, Westchester County, entered December 12, 2003, and (2) a judgment of the same court entered December 24, 2003, to strike the record on appeal or for leave to serve and file a supplemental record, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is for leave to serve and file a supplemental record is granted; on or before November 29, 2004, the respondents may file a supplemental record containing the memorandum in support of the defendants' motion to dismiss dated September 19, 2003, and the reply memorandum in further support of the defendants' motion to dismiss dated November 5, 2003; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; the respondents' brief which was submitted to the Clerk of this court is accepted for filing; and it is further,

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

ORDERED that the appellants' reply brief, if any, shall be served and filed on or before December 14, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17900

PL/sl

2004-01977 Stamata Kopsidas, respondent, v Steven Krokos, et al., appellants. (Index No. 11291/97)

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, Queens County, dated entered February 9, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 29, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17593

J/sl

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

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 23, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 13, 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

M17947

S/sl

2004-04054 Anthony Manceri, appellant, v Michael M. Bowe, et al., respondents. (Index No. 26037/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 31, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 3, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17869

S/sl

2004-04344 Donald McNeil, et al., plaintiffs-respondents, v Brooklyn Hospital, et al., defendants-respondents, S. J. Electric, appellant. (Index No. 49321/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 25, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 3, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17770

PL/sl

2004-04390 Italo Palman, respondent, v Regina Palman, appellant. (Index No. 18192/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 8, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 10, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17839

S/sl

2004-04365 Pansini Stone Setting, Inc., respondent, v Crow and Sutton Associates, Inc., et al., appellants, et al., defendants. (Index No. 13210/97)

ORDER ON APPLICATION

Application by the appellant Crow and Sutton Associates, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated March 24, 2004.

ORDERED that the application is granted and the appellants' time to perfect their appeals is enlarged until January 11, 2005, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17866

R/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-00140 Emily Perdoncin, etc., et al., appellants, v Albert Barnett, et al., respondents. (Index No. 1402/00)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated October 2, 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 appellants' time to perfect the appeal is enlarged until December 30, 2004, and the record or appendix on the appeal and the appellants' 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17596

C/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-04883, 2003-06120, 2003-09876, 2003-09877, 2004-02397, 2004-04358, 2004-07147 Stephanie Perell, respondent, v Clifford Krause, appellant. (Index No. 5586/98)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to consolidate an appeal from an order of the Supreme Court, Westchester County, dated June 30, 2004 (Appellate Division Docket No. 2004-07147), with appeals from (1) a judgment of the same court entered April 15, 2003 (Appellate Division Docket No. 2003-04883), (2) an order of the same court dated January 17, 2003 (Appellate Division Docket No. 2003-09877), (3) two orders of the same court, both dated May 27, 2003 (Appellate Division Docket Nos. 2003-06120 and 2003-09876), and (4) a judgment of the same court entered February 23, 2004 (Appellate Division Docket No. 2004-02397), and to stay his incarceration directed by an order of the same court dated February 26, 2001, and which directive was continued by the judgment entered April 15, 2003. Separate motion by the respondent to enlarge the time to serve and file a brief. Separate appeal by the appellant from a judgment of the Supreme Court, Westchester County, dated November 25, 2003 (Appellate Division Docket No. 2004-04358).

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

ORDERED that on the court's own motion, the above-referenced appeals are dismissed, without costs or disbursements, on the ground that the appellant has absconded and is no longer available to obey the mandate of the court (see Matter of Joshua M., 9 AD3d 617; Matter of Skiff-Murray v Murray, 305 AD2d 751); and it is further,

ORDERED that on the court's own motion, the appeal from the judgment of the Supreme Court, Westchester County, dated November 25, 2003 (Appellate Division Docket No. 2004-04358), is dismissed, without costs or disbursements, on the same ground; and it is further,

ORDERED that the motions are 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

M17872

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2004-04491, 2004-04492 Ves Pitts, respondent, v Empire Electrical Contractors, Inc., et al., appellants, et al., defendants. (Index No. 49463/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Kings County, entered April 2, 2004, and an amended judgment of the same court, entered April 20, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until January 11, 2005, and the record or appendix on the appeals 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

M17789

J/sl

2004-03977, 2004-03978 Pondview Corp., et al., respondents, v Russand, Inc., et al., defendants, Tappan Zee Senior Management Corp., et al., appellants. (Index No. 0822/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Rockland County, dated March 24, 2004, and an amended order of the same court dated April 20, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until December 13, 2004, and the record or appendix on the appeals 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

M17848

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2004-02629 Jan Poplawski, plaintiff-respondent, v Affordable Dwelling Units Leasing Corp., defendant third-party plaintiff-appellant, et al., defendant; Affordable Dwelling Units of George Street, third-party defendant-respondent (and another third-party action). (Index Nos. 5770/98, 80595/98,7583/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 3, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 8, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17771

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2004-04014 Sandra Jo Ramsay, et al., appellants, v Good Samaritan Hospital, et al., respondents. (Index No. 23703/96)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 19, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 28, 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

M17881

C/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2004-02322 John Ryan, plaintiff, v Marylou Ryan, defendant. (Index No. 5015/97)

DECISION & ORDER ON MOTION

Motion by the defendant, inter alia, to recall and vacate a decision and order on motion in the above-entitled action dated April 21, 2004, which dismissed her appeal from a "Notice of Preliminary Conference" of the Supreme Court, Richmond County, dated February 5, 1997, on the ground that paper is not appealable either by right or by permission.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17876

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2004-03482 Shao Yun Liu, appellant, v Ming Jin Chen, respondent. (Index No. 05021/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered March 17, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 17, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17871

S/sl

2004-04056 Timothy Sheridan, appellant, v Town of Orangetown, respondent. (Index No. 0147/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated April 9, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 3, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17870

S/sl

2004-04211 John Steiert, etc., appellant, v Sylvester Ambles, et al., respondents. (Index No. 8107/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 24, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 3, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17929

O/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-05566 Richard Stone, appellant, v Greenspan & Greenspan, respondent. (Index No. 2369/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Westchester County, entered June 8, 2004, for leave to serve and file a supplemental appendix and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the supplemental appendix.

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 it is further,

ORDERED that the supplemental appendix submitted September 20, 2004, is accepted for filing.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17780

PL/sl

2004-04438 Gary Texter, etc., respondent, v Middletown Dialysis Center, Inc., et al., appellants, et al., defendants. (Index No. 3874/00)

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, Orange County, dated April 1, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 6, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17840

O/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-07302 James M. Turnbull, et al., appellants, et al., plaintiffs, v MTA New York City Transit, respondent. (Index No. 26485/99)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated July 10, 2003, for leave to replace the table of contents of the appellants' brief, and to strike portions of the respondent's brief on the ground that they refer to matter dehors the record.

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 serve and file the appellants' brief is denied as unnecessary as the appellants' brief was timely filed; and it is further,

ORDERED that the branch of the motion which is for leave to replace the table of contents of the appellants' brief is granted, and the table of contents must be replaced in all copies of the appellants' brief on file in the office of the Clerk of this court on or before November 18, 2004; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17920

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2004-01784 Danielle Wilson, etc., et al., respondents, v New York City Housing Authority, appellant. (Index No. 15035/03)

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 January 26, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 15, 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

M17746

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-07826 In the Matter of Ronald T. Alber, an attorney and counselor-at-law. (Attorney Registration No. 4123493)

DECISION & ORDER ON APPLICATION

Application by Ronald T. Alber, who was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 28, 2003, to change his name on the roll of attorneys and counselors-at-law to Ronald Theodore Alber, Jr.

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

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

ORDERED that the Clerk of the court shall change the applicant's name on the roll of attorneys and counselors-at-law, from Ronald T. Alber to Ronald Theodore Alber, Jr., effective immediately.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17894

S/sl

2004-02554 In the Matter of Jeffrey Berkowitz, et al., appellants, v Christopher St. Lawrence, et al., respondents. (Index No. 4134/02)

ORDER ON APPLICATION

Application by the respondent Christopher St. Lawrence 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, Rockland County, dated February 11, 2004.

ORDERED that the application is granted and the movant's brief which was submitted to the Clerk of this court on November 3, 2004, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17749

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

HOWARD MILLER, JJ.

2004-06166 In the Matter of Bernard Bronner, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Bernard Bronner, respondent. (Attorney Registration No. 2239432)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Tenth Judicial District for an order: 1) suspending the respondent from the practice of law until further order of this court, pursuant to 22 NYCRR 691.4(l)(1)(i)and (iii), upon a finding that he constitutes an immediate threat to the public interest based upon his failure to fully cooperate with the Grievance Committee's investigation and uncontroverted evidence establishing his failure to preserve two separate real estate contract deposits entrusted to him in escrow, and 2) authorizing it to institute and prosecute a disciplinary proceeding against him based upon the allegations set forth in the petition dated July 13, 2004. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 18, 1989.

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

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

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

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

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

ORDERED that the Grievance Committee for the Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court against Bernard Bronner based on the petition dated July 13, 2004; and it is further,

ORDERED that Robert P. Guido, Chief Counsel to the Grievance Committee for the Tenth Judicial District, 150 Motor Parkway, Suite 102, Hauppauge, N.Y. 11788, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that within 20 days after service upon him of a copy of this decision and order on motion, the respondent shall serve an answer upon the petitioner and the Special Referee, and shall file a copy of the same in the office of the Clerk of this court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Joseph A. Esquirol, Jr., a retired Judge of the Family Court, Kings County, P.O. Box 842, 1350 Lupton Point Road, Mattituck, N.Y. 11952, as Special Referee to hear and report; and it is further,

ORDERED that if the respondent has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f).

We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based upon his failure to cooperate with the Grievance Committee and uncontroverted evidence of his failure to preserve two real estate deposits entrusted to him.

By letter dated January 3, 2003, the Lawyers' Fund for Client Protection advised the Grievance Committee that a $300 check drawn on the respondent's Citibank trust account was returned due to insufficient funds. The Grievance Committee forwarded a sua sponte complaint to the respondent based upon the returned trust check and requested his response within 20 days, along with relevant bank and bookkeeping records for the preceding six months. When the respondent failed to reply, the Grievance Committee made a second request dated February 14, 2003, sent via certified mail, advised the respondent of his obligation to cooperate with its investigation, and requested his response within 10 days. By letter dated February 24, 2003, the respondent requested an extension until March 21, 2003, to submit his response.

On or about March 21, 2003, the Grievance Committee received a written response from the respondent without the requested bank and bookkeeping records. By letter dated March 25, 2003, the Grievance Committee acknowledged receipt of the response and again sought the outstanding bank and bookkeeping records. The respondent requested extensions until April 30, 2003, and May 30, 2003. Although the Grievance Committee granted an extension until May 14, 2003, no records were received.

The Grievance Committee received a letter from the respondent dated June 22, 2003, advising that he was dealing with his own health issues, which commanded much of his time and energy, and anticipating his ability to fulfill its request within a brief period.

On July 22, 2003, the Grievance Committee served a judicial subpoena and judicial subpoena duces tecum upon a person of suitable age and discretion at the respondent's office, demanding his appearance with records on August 13, 2003. The respondent did not appear or produce the subpoenaed records.

By letter dated August 6, 2003, the respondent advised that he had undergone a surgical procedure which restricted his schedule. In or about August 2003, the Grievance Committee served a judicial subpoena duces tecum upon Citibank for the production of relevant bank records from his trust account from May 2002 through August 2003. In or about September 2003, the Grievance Committee received monthly bank statements from Citibank with respect to the respondent's trust account.

By certified letter dated September 17, 2003, the Grievance Committee requested that the respondent produce the outstanding bank and bookkeeping records within 15 days. No records were received from the respondent. On or about October 28, 2003, the Grievance Committee received a letter from the respondent explaining that he had undergone surgery and has been under medication for a continuing serious condition. In addition, a member of the respondent's immediate family was in the midst of health problems. The respondent expressed an intent to provide the requested documents as soon as he could.

In or about November 2003, the Grievance Committee received information that the respondent had relocated to Florida. He continued to maintain his New York office number and to accept mail there. By certified letter dated December 2, 2003, the Grievance Committee demanded outstanding records within 10 days and advised the respondent to enclose medical documentation of any medical disability which prevented him from defending himself in this matter, so that appropriate action could be taken pursuant to 22 NYCRR 691.13. No response was received.

From approximately February 2004 through May 2004, the Grievance Committee received transaction records for deposits into the respondent's trust account.

In or about March 2004, the Grievance Committee confirmed the respondent's obligation to preserve the two contract deposits detailed during the period under investigation. On or about April 1, 2004, the Grievance Committee sent the respondent a certified letter to both his New York and Florida addresses reminding him of his failure to cooperate and to produce the requested records. The Grievance Committee also confronted the respondent with specific facts establishing his failure to preserve two real estate contract deposits and directed the respondent to arrange for his examination under oath and his production of bookkeeping records and relevant client files. The Grievance Committee also advised the respondent to notify it of any medical disability which prevented him from defending himself. Once again, no response was received.

The Grievance Committee submits that the bank records received pursuant to subpoena confirm that the respondent failed to preserve contract down payments concerning two separate real estate transactions during September and October 2002. The facts detailing each failure to preserve charge have been established by the respondent's contractual obligation as an escrowee, and the bank documentation and has been confirmed by the parties to the transaction or their attorney.

Nissenbaum to Azizi transaction

The respondent represented sellers, Sandy Nissenbaum and Zlva Nissenbaum, in the sale of real property in Great Neck to Maurice Azizi and Hedika Azizi. Pursuant to the contract of sale, the respondent was entrusted with the contract down payment of $75,000 to be held in escrow pending closing or cancellation of the contract. On or about September 12, 2002, the down payment was deposited into the respondent's Citibank trust account and then into a sub-account on behalf of the sellers. The closing occurred on or about October 30, 2002.

Monthly bank statements confirm that the balance of the respondent's trust account fell below the $75,000 he was required to preserve on approximately 8 occasions between September 18, 2002, and October 24, 2002.

After the closing, the respondent was entrusted with $2,700 belonging to his clients which he did not release until March 2003. During that period, the balance in the respondent's trust account fell below the sum he was required to maintain on at least 13 occasions between November 19, 2002, and March 10, 2003.

Goldberg to Refoua transaction

The respondent represented seller, Mazal Goldberg, in the sale of real property in Plainview to Jacob Refoua. Pursuant to the contract of sale, the respondent was entrusted with $18,250 to be held in escrow pending closing or cancellation of the contract.

The respondent's bank records reveal that on or about October 30, 2002, the down payment was deposited into respondent's Citibank trust account. The closing occurred on or about October 9, 2003.

Monthly bank statements for the respondent's trust account confirm that the balance fell below the down payment he was required to preserve prior to the closing from the period November 6, 2002 to August 31, 2003. During that interval, the balance dropped to a low of $3.10 on January 2, 2003.

In opposition to the Grievance Committee's motion, the respondent asserts that he has cooperated with the Grievance Committee during its investigation and that there is no proof that he constitutes an immediate threat to the public interest. In addition, he maintains that the notice allegedly sent to him by the Grievance Committee was not delivered to him and that, in any event, the Grievance Committee lacks standing to bring this proceeding inasmuch as he no longer maintains an office within the Tenth Judicial District.

Significantly, the respondent has not controverted the bank records submitted by the Grievance Committee which indicate a failure to preserve escrow funds entrusted to him. With respect to the procedural issues raised, there is no evidence that any communications sent by the Grievance Committee to the respondent at his New York or Florida addresses were returned undelivered. At the time of the underlying allegations, the respondent's law office was located in Nassau County.

It is uncontroverted that the respondent failed to appear on the return date of a judicial subpoena or produce the subpoenaed records. He advised Grievance Counsel shortly thereafter that he had undergone a surgical procedure. Grievance Counsel informed the respondent that if he continued to suffer from a medical disability which prevented him from defending himself in this matter, he should notify the Grievance Committee in writing so that appropriate action could be undertaken pursuant to 22 NYCRR 691.13. The respondent failed to reply. The Grievance Committee ascertained that the respondent had relocated to Florida but continued to maintain his New York office telephone number and accept mail at his New York office.

Under these circumstances, the respondent should not be permitted to benefit from his dilatory tactics which have thwarted the Grievance Committee's investigation. In view of the uncontroverted bank records, the respondent does pose an immediate threat to the public interest. Accordingly, the Grievance Committee's motion is granted in its entirety, the respondent is suspended pursuant to 22 NYCRR 691.4(l)(i) and (iii), and the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding based on the petition dated July 13, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17891

M/nal

2004-02771, 2004-02773 In the Matter of Jacob C. (Anonymous). Suffolk County Department of Social Services, respondent; Dawn C. (Anonymous), appellant. (Docket No. B-9092-03)

SCHEDULING ORDER

Appeals by Dawn C. from two orders of the Family Court, Suffolk County, both dated March 22, 2004. By decision and order of this court dated October 28, 2004, the following attorney was assigned as counsel on the appeals:

Michael S. Bromberg, Esq.

44 Hampton Street

Box 2112

Sag Harbor, New York 11963

(613) 725-0641

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 appeals are 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M17928

E/sl

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-07278 In the Matter of Mildred Jeraldine C. (Anonymous). Elaine C., appellant; James B. (Anonymous), et al., respondents. (Index No. 245/03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Queens County, dated July 8, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17747

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-04552 In the Matter of Rebecca E. Carmen, an attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Rebecca E. Carmen, respondent. (Attorney Registration No. 2326502)

DECISION & ORDER ON MOTION

The Grievance Committee has informed the court that Rebecca E. Carmen pleaded guilty on July 14, 2004, in Criminal Court, Kings County, before the Honorable Miriam Best, to criminal facilitation in the fourth degree. She was sentenced to a conditional discharge, 50 hours of community service, restitution in the amount of $130,590.63, a mandatory surcharge, and other fees totalling $120. The Grievance Committee previously sought leave to authorize a disciplinary proceeding against the respondent. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 7, 1990.

Upon the papers submitted to the court and the papers submitted in opposition thereto, it is

ORDERED that on the court's own motion, the respondent is immediately suspended from the practice of law as a result of her conviction of a serious crime, and continuing until further order of this court, pursuant to Judiciary Law § 90(4)(f); and it is further,

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

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

ORDERED that the Grievance Committee for the Second and Eleventh Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against the said Rebecca E. Carmen, based on her conviction of a serious crime; and it is further,

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

ORDERED that the petitioner Grievance Committee shall serve upon the respondent and the Special Referee and file with this court a petition within 30 days after receipt of this order; and it is further,

ORDERED that the respondent shall serve an answer to the petition upon the petitioner and the Special Referee and file same with this court within 20 days after service upon her of the petition; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Vincent Pizzuto, a retired Associate Justice of the Appellate Division, Second Judicial Department, 786 Lamont Avenue, Staten Island, N.Y. 10312, as Special Referee to expeditiously hear and report, together with his findings on the issues; and it is further,

ORDERED that if the respondent has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in her affidavit of compliance pursuant to 22 NYCRR 691.10(f).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17904

M/nal

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-00064 In the Matter of Ghislaine Charles, respondent, v Claude L. Charles, appellant. (Docket No. O-7673/03)

SCHEDULING ORDER

Appeal by Claude L. Charles from an order of the Family Court, Nassau County, dated November 24, 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 21, 2004; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17908

S/sl

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-02319 In the Matter of Thomas Antonio D. (Anonymous). Commissioner of the Administration for Children's Services of City of New York, appellant; Dennis D. (Anonymous), respondent. (Docket No. N-25129/99)

DECISION & ORDER ON MOTION

Motion by the appellant to stay so much an order of the Family Court, Kings County, dated February 10, 2004, as allowed Dennis D. to have unsupervised visitation with the subject child, and to direct that all visitation shall be supervised, pending hearing and determination of an appeal therefrom. Separate motion by counsel assigned to represent Dennis D. in Family Court, to be relieved and to assign new counsel to represent Dennis D. on the appeal.

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

ORDERED that on the court's own motion the parties are directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the appeal has been rendered academic by an order of the Family Court, Kings County, dated September 21, 2004, by filing an affirmation on that issue in the office of the Clerk of this court on or before November 19, 2004; and it is further,

ORDERED that the motions are held in abeyance in the interim; and it is further,

 ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties or their attorneys by regular mail.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17931

M/nal

NANCY E. SMITH , J.P.

STEPHEN G. CRANE

WILLIAM A. MASTRO

PETER B. SKELOS , JJ.

2004-06036 In the Matter of Sheree Denham, respondent, v Steven Kaplan, appellant. (Docket No. U-758/02)

DECISION & ORDER ON MOTION

Appeal by Steven Kaplan from an order of the Family Court, Richmond County, dated June 14, 2004. By order to show cause dated September 20, 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 July 28, 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 15, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17898

M/nal

2004-03434 In the Matter of Adarella Deylii, respondent, v Kenneth Hayden, Sr., appellant. (Docket No. F-7489-02)

SCHEDULING ORDER

Appeal by Kenneth Hayden, Sr. from an order of the Family Court, Orange County, dated May 11, 2004. By decision and order of this court dated October 28, 2004, the following attorney was assigned as counsel on the appeal:

Alex Smith, Esq.

41 Dolson Avenue

P. O. Box 578

Middletown, New York 10940

(845) 344-4322

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the 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 appeal is taken, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M17806

M/nal

2004-06736, 2004-08053, 2004-08054, 2004-08055 In the Matter of Daniel W. Dobbins, respondent, v Nancy A. Vartabedian, appellant. (Docket No. F-01813-99)

ORDER TO SHOW CAUSE

Appeals by Nancy A. Vartabedian from four orders of the Family Court, Suffolk County, all dated July 1, 2004. By scheduling order dated September 28, 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 proceeding for failure to comply with the scheduling order dated September 28, 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 18, 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

M17843

F/

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-07419 In the Matter of Abdul Hakim-Zafi, f/k/a Kenneth Brown, appella Parole, respondent. (Docket No. 8058/04)

DECISION & ORDER ON MOTION nt, v New York State Division of

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Richmond County, dated June 30, 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 denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17046

M/nal

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

SCHEDULING ORDER

Appeal by Kelly O'Neil from an order of the Family Court, Suffolk County, dated May 27, 2004. By decision and order of this court dated November 4, 2004, the following attorney was assigned as counsel on the appeal:

Salvatore Adamo, Esq.

PMB 185

414 West Sunrise Highway

Patchogue, New York 11772-2254

(212) 964-7983

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the 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 7, 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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M17860

M/nal

2004-08187 In the Matter of Fatia I. (Anonymous), appellant. (Docket No. D-38069-03)

SCHEDULING ORDER

Appeal by Fatia I. from an order of the Family Court, Kings County, dated September 14, 2004. By decision and order of this court dated October 28, 2004, the following attorney was assigned as counsel on the appeal:

Richard L. Herzfeld, Esq.

555 Fifth Avenue - 14th Floor

New York, New York 10017

(212) 818-9019

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the 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 appeal is taken, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M17845

F/

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-07503 In the Matter of Darrel Isaac, appellant, v Glenn S. Goord, respondent. (Docket No. 1804/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated August 5, 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 denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17744

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-07462 In the Matter of Walter Joseph Johnson, an attorney and counselor-at-law. (Attorney Registration No. 2668044)

DECISION & ORDER ON APPLICATION

Application by Walter Joseph Johnson, who was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 26, 1995, to change his name on the roll of attorneys and counselors-at-law to Walter Johnson III.

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

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

ORDERED that the Clerk of the court shall change the applicant's name on the roll of attorneys and counselors-at-law, from Walter Joseph Johnson to Walter Johnson III, effective immediately.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17945

S/sl

2004-05121 In the Matter of Michael Kitnurse, petitioner, v William Mazzuca, respondent. (Index No. 52/04)

ORDER ON APPLICATION

Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated June 10, 2004.

ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until February 8, 2005, and the record or appendix and the petitioner'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

M17791

M/nal

2004-08087 In the Matter of Desiree L. (Anonymous). Dutchess County Department of Social Services, respondent; David L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dylan L. (Anonymous). Dutchess County Department of Social Services, respondent; David L. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-00527-04, N-00528-04)

SCHEDULING ORDER

Appeal by David L. from an order of the Family Court, Dutchess County, dated July 14, 2004. By decision and order of this court dated October 28, 2004, the following attorney was assigned as counsel on the appeal:

Neal D. Futerfas, Esq.

50 Main Street - Suite 1000

White Plains, New York 10606

(914) 682-2171

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

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the 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 appeal is taken, 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 718-722-6313 with any questions.

Appellate Division: Second Judicial Department

M17750

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

GLORIA GOLDSTEIN, JJ.

1995-00644 In the Matter of Robert Levy, a disbarred attorney. (Attorney Registration No. 2075257)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 31, 1985. By opinion and order of this court dated May 1, 1995, he was disbarred upon his conviction of a felony. By decision and order of this court dated March 25, 2002, his first application for reinstatement was denied as premature. By decision and order dated May 30, 2003, his second application for reinstatement was denied based on this court's finding that he did not demonstrate the requisite fitness and character to practice law.

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

ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney including but not limited to the respondent's filing, if any, with this court of his affidavit of compliance; the notification sent to his clients regarding his disbarment; whether his work subsequent to his disbarment involves the practice of law; a letter from each of his employers subsequent to his disbarment; and information regarding the settlement fees reported on his income tax returns.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17748

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

THOMAS A. ADAMS, JJ.

2004-05150 In the Matter of George J. Lewis, admitted as George Joseph Lewis, an attorney and counselor-at-law. Grievance Committee for ths Second and Eleventh Judicial Districts, petitioner; George J. Lewis, respondent. (Attorney Registration No. 2530483)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second and Eleventh Judicial Districts for an order: 1) suspending the respondent from the practice of law, pursuant to 22 NYCRR 691.4(l)(1)(i), upon a finding that he is guilty of professional misconduct immediately threatening the public interest in that he has a) failed to comply with a subpoena so ordered by the court and personally served upon him, b) failed to submit requested documents to the Grievance Committee which he was required to maintain and produce, and c) failed to submit written answers to complaints of professional misconduct filed against him, 2) authorizing the Grievance Committee to institute and prosecute a disciplinary proceeding against him based upon the petition dated June 15, 2004, 3) directing the respondent to file and serve an answer to the petition, and 4) appointing a Special Referee to hear and report. In its order to show cause, the Grievance Committee was authorized to serve that order upon the respondent by affixing and mailing by regular and certified mail, return receipt requested, to his last known addresses at 1162 East 73rd Street, Brooklyn and 1860 Madison Place, Brooklyn. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 14, 1993, under the name George Joseph Lewis.

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

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

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i), the respondent, George J. Lewis, admitted as George Joseph Lewis, is immediately suspended from the practice of law in the State of New York, pending further order of the court; and it is further,

ORDERED that George J. Lewis, admitted as George Joseph Lewis, shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

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

ORDERED that the Grievance Committee for the Second and Eleventh Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this court against George J. Lewis, admitted as George Joseph Lewis, based on the petition dated June 15, 2004; and it is further,

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

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

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Francis X. Egitto, a former Justice of the Supreme Court, Kings County, 360 Adams Street, Room 1137C, Brooklyn, N.Y. 11201, as Special Referee to hear and report; and it is further

ORDERED that if the respondent has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f).

We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based upon his failure to comply with a subpoena so ordered by the court and personally served upon him and his failure to cooperate with the Grievance Committee.

The Grievance Committee is currently investigating six complaints of professional misconduct involving the respondent. Natalya Rivkin, an attorney, alleges that on August 2, 2001, her client, Cendant Mortgage Corporation, mistakenly wired $232,533.68 into the respondent's attorney trust account. Efforts to recoup the misdirected funds have been unsuccessful.

By letter dated January 14, 2004, the respondent explained that he had consulted with a couple from Chicago who were in the process of purchasing a home in New Jersey. The mortgage company wired funds into his account although he was not the closing attorney. The respondent allegedly notified Cendant of the error but the funds remained on deposit in his account. The respondent's bank eventually removed the funds from the active balance in the account. Additional mailings to Cendant were ignored and the respondent considered the funds abandoned after 18 months.

A judgment was entered against the respondent in the Supreme Court, Kings County, on May 27, 2004 in the amount of $292,065.78. The judgment was based upon an order of the Honorable Michael Garson dated May 7, 2004, which granted the plaintiff's motion for a default judgment.

By letter dated January 21, 2004, Grievance Counsel directed the respondent to produce designated escrow account monthly statements for the period July 1, 2001, to the present no later that January 30, 2004.

When the respondent failed to comply, the Grievance Committee sent him a letter dated February 26, 2004, via regular and certified mail to his two known addresses, again demanding the specified records. The Grievance Committee directed the respondent to provide the records by March 5, 2004 and to appear under oath on March 15, 2004. Both certified letters were signed for on February 27, 2004. Upon the respondent's failure to appear or to otherwise contact Grievance Counsel, judicial subpoenas were so ordered by the court for the respondent's appearance and production of specific material on April 5, 2004.

The Grievance Committee's investigator made numerous unsuccessful attempts to effect personal service at either of the respondent's addresses. Several telephone messages were left on the respondent's cell phone. In addition, the Grievance Committee's investigator personally informed the respondent's mother, at his 1860 Madison Place address, that it was essential for the respondent to contact the Grievance Committee immediately.

A new subpoena returnable April 22, 2004, was so ordered by the court. The respondent appeared in Supreme Court, Kings County, on April 16, 2004, with respect to Cendant Mortgage's action against him. He was personally served with the subpoenas on that date. The respondent nevertheless failed to appear or to contact the Grievance Committee on the return date.

On March 19, 2004, the respondent was notified that he was the subject of a sua sponte investigation based upon his repeated failure to appear before the Honorable Virginia Yancey in Supreme Court, Kings County. The Grievance Committee directed him to respond within 10 days. A second letter dated April 26, 2004, was sent to the respondent via regular and certified mail, to both known addresses. The Grievance Committee advised the respondent that his continued failure to cooperate could result in a motion for his immediate suspension.

On April 6, 2004, the Grievance Committee sent the respondent a copy of a complaint from Joseph Armenio and requested his answer. A second letter dated April 26, 2004, was sent via regular and certified mail. Although the respondent's mother signed for the letter at the respondent's 1860 Madison Place address, no answer was received.

On April 15, 2004, the Grievance Committee sent the respondent a copy of a complaint from Ellen McGlone and requested his answer. A second letter, dated May 17, 2004, was sent via regular and certified mail. Although this letter was signed for at the respondent's 1162 East 73rd Street address, no answer was received.

Natalya Rivkin, attorney for Cendant Mortgage, averred that the respondent had informed her in court on April 16, 2004, that he had not changed his location since service of the summons and complaint.

In view of the respondent's ignoring a subpoena, which was so ordered by the court and personally served on him, and his failure to respond to numerous requests for answers to pending complaints, the Grievance Committee submits that the respondent has no intention of cooperating with any of its investigations. The Grievance Committee concludes that respondent's continued practice of law presents an immediate threat to the public interest. Inasmuch as efforts by the Grievance Committee's staff to personally serve the respondent were entirely unsuccessful, but for his appearance in Supreme Court in relation to Cendant Mortgage's action against him, the Grievance Committee requests leave to serve respondent by the affix and mail method, in the event personal service cannot be effectuated.

Under the circumstances, the Grievance Committee's motion is granted, without opposition, the respondent is suspended and the Grievance Committee is authorized to institute and prosecute a disciplinary proceeding against him. In the event that the Grievance Committee is unable to effect personal service of this order upon the respondent, it is authorized to serve it by affixing it and mailing it by regular and certified mail, return receipt requested, to his last two known addresses.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17867

S/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-06080 In the Matter of Giavonna Mc. (Anonymous). Administration for Children's Services, appellant; Caroline R. (Anonymous), respondent. (Docket No. N-2444/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated July 15, 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 deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the stay which was granted by decision and order on motion of this court dated August 3, 2004, is vacated forthwith.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17743

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-08025 In the Matter of Karen Geduldig O'Neil, an attorney and counselor-at-law. (Attorney Registration No. 4037727)

DECISION & ORDER ON APPLICATION

Application by Karen Geduldig O'Neil, who was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 22, 2002, to change her name on the roll of attorneys and counselors-at-law to Karen Ann Geduldig.

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

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

ORDERED that the Clerk of the court shall change the applicant's name on the roll of attorneys and counselors-at-law, from Karen Geduldig O'Neil to Karen Ann Geduldig, effective immediately.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17885

M/nal

2004-00546 In the Matter of Katherine Oliphant, respondent, v Bryan Oliphant, appellant. (Docket No. F-10331/02)

SCHEDULING ORDER

Appeal by Bryan Oliphant from an order of the Family Court, Westchester County, dated December 9, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 3, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M17902

M/nal

2004-04340 In the Matter of Joel P. (Anonymous), appellant. (Docket No. S-3115-03)

SCHEDULING ORDER

Appeal by Joel P. from an order of the Family Court, Rockland County, dated April 15, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 29, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M17883

M/nal

2004-05367 In the Matter of T'Challaarkiesha Janette Jouslin R.-D. (Anonymous). Angel Guardian-St. Mary's Children and Family Services, respondent; Shavonne Kathleen R. (Anonymous), appellant. (Docket No. B-7321-01)

SCHEDULING ORDER

Appeal by Shavonne Kathleen R. from an order of the Family Court, Kings County, dated May 28, 2004. By decision and order of this court dated November 1, 2004, the following attorney was assigned as counsel on the appeal:

Elliot Green, Esq.

26 Court Street - Suite 1215

Brooklyn, New York 11242

(718) 260-8668

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the 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 November 1, 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 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 718-722-6313 with any questions.

Appellate Division: Second Judicial Department

M17907

O/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-06628 In the Matter of Winifred Richards, appellant, v Patrick Campbell, respondent. (Docket Nos. V-3631-00, V-3632-00, V-3633-00)

DECISION & ORDER ON MOTION

Appeal by Winifred Richards from an order of the Family Court, Suffolk County, dated June 18, 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 the scheduling order dated August 20, 2004, issued pursuant to 22 NYCRR 670.4(a).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated August 20, 2004 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17228

Y/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-08455 In the Matter of Miriam Shapiro, deceased. Martin L. Shapiro, appellant; Beth Stearns, respondent. (File No. 320884)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment the Surrogate's Court, Nassau County, dated October 10, 2003, entered upon his default, pending hearing and determination of an appeal from an order of the same court dated September 15, 2004, which denied his motion to vacate his default and to vacate or modify the restraining notice served by the respondent Beth Stearns as successor executrix of the estate of Miriam Shapiro on certain brokerage accounts owned by the appellant and being held by Smith Barney.

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 vacate or modify the restraining notice served by Beth Stearns as successor executrix of the estate of Miriam Shapiro on the brokerage accounts owned by the appellant and being held by Smith Barney is granted to the extent that the appellant is permitted to execute buy and sell orders on the brokerage accounts so restrained in order to prevent further diminution of the value those accounts, upon notice to Beth Stearns, but no distributions shall be allowed, on condition that the appeal is perfected on or before December 6, 2004 and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 6, 2004, the court, on its own motion, may vacate the aforementioned provision stay, or the respondent may move to vacate said provision, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17930

E/sl

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-00888 In the Matter of Marc W. Suffern II, appellant, v Zoning Board of Appeals of Town of Greenville, etc., respondent. (Index No. 7090/03)

DECISION AND ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, dated December 10, 2003.

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 granted, the appellant's time to perfect the appeal is enlarged until December 6, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17820

M/nal

2004-08156, 2004-08157 In the Matter of Teresa J. Vinson, respondent, v Melvin Vinson, appellant. (Docket No. F-09609-03)

ORDER TO SHOW CAUSE

Appeals by Melvin Vinson from two orders of the Family Court, Nassau County, dated May 18, 2004, and August 6, 2004, respectively. By scheduling order dated October 1, 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 proceeding for failure to comply with the scheduling order dated October 1, 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 18, 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

M17903

M/nal

2004-01016, 2004-01018 In the Matter of Michael W. (Anonymous). Administration for Children's Services, respondent; Stella W. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-10480/01) In the Matter of Stella W. (Anonymous). Administration for Children's Services, respondent; Stella W. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-10481/01)

SCHEDULING ORDER

Appeals by the mother, Stella W., from two orders of the Family Court, Queens County, both dated December 12, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 10, 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 law guardian's time to serve and file a brief on the appeals is enlarged until November 26, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17799

F/

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-07296 The People, etc., respondent, v Marshall Broughton, appellant. (Ind. No. 03-00430)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Westchester County, rendered August 3, 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, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17927

O/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

1996-00830 The People, etc., respondent, v Kevin Daniels, appellant. (Ind. No. 1285/95)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered January 11, 1996.

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

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

ORDERED that the respondent's time to serve and file a brief is enlarged until November 30, 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

M17802

F/

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-07755 The People, etc., respondent, v William Daniels, appellant. (Ind. No. 2731-02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the County Court, Suffolk County, dated July 26, 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 relation thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and (2) the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17857

F/

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-07642 The People, etc., respondent, v John DeRuggiero, appellant. (Ind. No. 15/04)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Dutchess 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:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

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.

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

M17793

F/

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-05792 The People, etc., respondent, v James Flanders Jr., appellant. (Ind. No. 546-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered June 10, 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 relation thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17797

F/

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-08170 The People, etc., respondent, v Yvette Gonzalez, appellant. (Ind. No. 459-04)

DECISION & ORDER ON MOTION

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 17, 2004, and 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 branch of the motion which is to extend the time to take the appeal 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 branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17833

F/

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-08172 The People, etc., plaintiff, v Stephen Green, defendant. (Ind. No. 5804/02)

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

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered March 4, 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 relation thereto, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 0983

Marcy Corr. Fac.

Box 3600

Marcy, New York 13403

Appellate Division: Second Judicial Department

M17948

S/sl

2002-05517 The People, etc., respondent, v Allen Harper, appellant. (Ind. No. 7167/01)

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 response to the appellant's supplemental pro se brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 11, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 22, 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

M17905

O/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-01594 The People, etc., respondent, v Dwight Jackson, appellant. (Ind. No. 1830/03)

DECISION & ORDER ON MOTION

Motion by the appellant to be furnished with additional minutes on an appeal from a judgment of the County Court, Suffolk County, rendered February 11, 2004.

Upon the papers filed in support of the motion and the papers filed in 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

M17909

O/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2002-05698 The People, etc., respondent, v Peter McGrath, appellant. (Ind. No. 548/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered June 20, 2002.

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

ORDERED that the motion is denied as unnecessary as the supplemental brief was timely filed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17801

F/

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-03919 The People, etc., respondent, v John Nuniz, a/k/a John Nunez, appellant. (Ind. No. 35/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered April 26, 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 relation thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17921

O/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2003-09490 The People, etc., respondent, v Ivan Obregon, appellant. (Ind. No. 592/03)

DECISION & ORDER ON MOTION

Motion by the attorney for the appellant, in effect, to dismiss an appeal from a judgment of the Supreme Court, Queens County, rendered October 23, 2003, on the ground that the appellant has been deported. By decision and order on motion dated September 21, 2004, the appellant was 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 action on the ground that the appellant is no longer available to obey the mandate of this court and the motion by the appellant's attorney to dismiss the appeal was held in abeyance in the interim.

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

ORDERED that the appeal is dismissed, on the ground that the appellant is no longer available to obey the mandate of this court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578); 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

M17838

F/

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-08415 The People, etc., plaintiff, v Luis Ortiz-Rodriguez, defendant. (Ind. No. 04-00115)

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, Orange County, rendered August 16, 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 relation thereto, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4602

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M17841

F/

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-08167 The People, etc., plaintiff, v Naquasia Pollard, defendant. (Ind. No. 8407/02)

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

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered 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 relation thereto, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 G 0438

Bedford Hills Corr. Fac.

Box 1000

Bedford Hills, New York 10507

Appellate Division: Second Judicial Department

M17787

F/

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-07298 The People, etc., respondent, v Paul B. Price, appellant. (Ind. No. 03-00298)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered July 20, 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:

Ronnie J. Ritz, Esq.

P.O. Box 115

Shrub Oak, New York 10588

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4177

Washington Corr. Fac.

Box 180

Comstock, New York 12821

Appellate Division: Second Judicial Department

M17595

F/

STEVEN W. FISHER, J.

2004-07958 The People, etc., plaintiff, v Omar C. Reavis, defendant. (Ind. Nos. 3656/85, 769/86)

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 June 29, 2004, 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.

STEVEN W. FISHER

Associate Justice

Appellate Division: Second Judicial Department

M17918

C/sl

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2002-05727 The People, etc., respondent, v Ryan Wagner, appellant. (Ind. No. 2452/00)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the County Court, Suffolk County, to strike portions of the appellant's brief on the ground on the ground that it refers to matters dehors the record or contains scandalous and prejudicial material.

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 brief is stricken; and it is further,

ORDERED that on or before December 13, 2004, the appellant shall serve and file a brief which omits the material set forth in the "list of objections" attached to the respondent's motion papers.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17790

F/

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-07754 The People, etc., respondent, v Ronald M. Wright III, appellant. (Ind. No. 2358-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered August 5, 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 relation thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court