Appellate Division: Second Judicial Department

M18031

CF/

2004-05466 Said Albahri, respondent, v Ethan M. Eubanks, appellant. (Index No. 13388/02)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18027

CF/

2004-00926 Rose Marie Alessio, appellant-respondent, v City of New York, respondent-appellant, Sterling Doubleday Enterprises, LP, et al., respondents. (Index No. 24000/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 6, 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ORDERED that the application is granted and the appeal by the appellant-respondent is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17792

J/sl

2004-06349 American Business Credit, Inc., plaintiff, v Israel Sanabria, appellant, et al, defendants; 399 Broadway Holdings, et al., nonparty-respondents. (Index No. 9419/02)

ORDER ON APPLICATION

Application by the nonparty-respondent 242 56th Street, LLC, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated May 21, 2004.

ORDERED that the application is granted and the time of the nonparty-respondent 242 56th Street, LLC, to serve and file a brief is enlarged until November 23, 2004, and that 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

M18063

J/sl

2004-00139, 2004-01776 Isabel Astudillo, appellant, v Flushing Hospital Medical Center, et al., defendants, Geddis Abel-Bey, et al., respondents. (Index No. 24635/00)

ORDER ON APPLICATION

Application by the respondents Geddis Abel-Bey and Flushing Hospital Medical Center pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from an order of the Supreme Court, Queens County, dated November 10, 2003, and an undated order of the same court.

ORDERED that the application is granted and the time of the respondents Geddis Abel-Bey and Flushing Hospital Medical Center to serve and file a brief is enlarged until December 15, 2004, and those 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

M18034

CF/

2004-04502 Dorando Cavallacci, respondent, v Alfred Greco, appellant. (Index No. 18169/03)

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 April 26, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18019

M/nal

2004-06816 Karen Elizabeth Chamberlain, appellant, v Mark Henry Chamberlain, respondent. (Index No. 28483/99)

SCHEDULING ORDER

Appeal by Karen Elizabeth Chamberlain from a judgment of the Supreme Court, Suffolk County, dated June 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 appellant's time to perfect the appeal is enlarged until November 29, 2004, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18033

CF/

2004-02911 Raoul Diamantstein, et al., appellants, v Konrad Sawicki, respondent. (Index No. 46002/00)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated January 28, 2004.

Upon the stipulation of the parties, dated November 2, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18064

R/sl

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-02639 First Union Auto Finance, Inc., etc., plaintiff- respondent, v Joseph Donat, appellant, Ramp Chevrolet, Inc., defendant-respondent. (Index No. 16998/00)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent on an appeal from an order of the Supreme Court, Kings County, dated February 24, 2004, to strike the record on appeal on the ground that it contains matter dehors the record, to strike Point II of the appellant's brief on the ground that it raises an issue not properly before this court, or to enlarge the time to serve and file a brief, and separate motion by the defendant-respondent for the same relief.

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

ORDERED that the branches of the motions which are to strike the record on appeal are denied; and it is further,

ORDERED that the branches of the motions which are to strike Point II of the appellant's brief are denied without prejudice to the respondents raising that issue in their respective briefs; and it is further,

 ORDERED that the branches of the motions which are to enlarge the time to serve and file the respondents' respective briefs are granted, the respondents' time to serve and file their respective briefs is enlarged until November 23, 2004, and the respondents' respective briefs must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18122

S/sl

2004-00181 Alberto Fuentes, et al., appellants, v County of Nassau, et al., respondents. (Index No. 7445/03)

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, Nassau County, dated December 1, 2003.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18065

J/sl

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

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Nassau County, entered March 30, 2004, and dated June 17, 2004, respectively.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 13, 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

M18040

CF/

2004-07707 Julio Illas, et al., respondents, v Eun Kyung Yoo, et al., appellants. (Index No. 18667/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 30, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18036

CF/

2004-03973 K-Mac, Inc., respondent, v Lorraine Teel, appellant. (Index No. 25842/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 29, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18043

CF/

2004-06043 Thomas Kelly, respondent, v Denise Kelly, et al., appellants. (Index No. 200163/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 27, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18123

S/sl

2004-05272 Pauline LeBlanc, appellant, v Theordor Budman et al., respondents, et al., defendants. (Index No. 22494/98)

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, entered February 25, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 26, 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

M18060

J/sl

2004-02018, 2004-04011 Suzanne K. Mahler, appellant, v Incorporated Village of Port Jefferson, et al., respondents. (Index No. 4013/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated January 29, 2004, and a judgment of the same court dated April 12, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged and the appellant's record and brief which was submitted to the office of the Clerk of this court are accepted for filing; and it is further,

ORDERED that the respondents shall serve and file their brief on the appeal on or before December 8, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18061

C/sl

FRED T. SANTUCCI, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-08278 Felix McElroy, et al., respondents, v Kiewit Construction Co., et al., appellants. (Index No. 4420/01)

DECISION & ORDER ON MOTION

Motion by the appellant Felix Equities, Inc., to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated August 10, 2004. Separate motion by the appellant Kiewit Construction Co., for the same relief.

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

ORDERED that the motions are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17981

R/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003 05928 NYCTL 1997-1 Trust, et al., plaintiffs- respondents, v Moises A. Vila, appellant, et al., defendants; 128 Woodbine Realty Corp., intervenor-respondent. (Index No. 45357/99)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents on an appeal from an order of the Supreme Court, Kings County, dated March 27, 2003, to enlarge the record on appeal to include certain documents, separate motion by the intervenor-respondent to strike the record on appeal and the appellant's brief on the ground that they contain or refer to matter dehors the record, and separate applications by the plaintiffs-respondents and the intervenor-respondent to enlarge the time to serve and file their respective briefs. By decision and order on motion dated July 19, 2004, the matter was remitted to the Supreme Court, Kings County, to hear and report on the issue of whether it considered the reply affirmation of Leonid Krechmer, dated October 22, 2002, in determining the motion which resulted in the order dated March 27, 2003, and the motions were held in abeyance in the interim. The Supreme Court, Kings County, has filed its report.

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

ORDERED that the motion by the intervenor-respondent to strike the record on appeal and the appellant's brief on the ground that they contain or refer to matter dehors the record is denied; and it is further,

ORDERED that the motion by the plaintiffs-respondents to enlarge the record on appeal to include certain documents is granted to the extent that on or before November 29, 2004, the plaintiffs-respondents shall serve and file a supplemental record containing (1) the reply affirmation of Leonid Krechmer, dated October 22, 2002, which is attached to the plaintiffs-respondents' motion papers as Exhibit A, and (2) Notice of Intention to Sell the Tax Lien, which is attached to the plaintiffs-respondents' motion papers as Exhibit D; and it is further,

ORDERED that the separate applications by the plaintiffs-respondents and the intervenor-respondent to enlarge the time to serve and file their respective briefs is granted, and the respondents' time to serve and file their respective briefs is enlarged until December 29, 2004, and the respondents' respective briefs must be served and filed on or before that date.

ALTMAN, J.P., KRAUSMAN, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18021

CF/

2004-04959 Joanne O'Neill, et al., appellants, v Deyan Kaldaras, et al., respondents. (Index No. 10280/00)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18055

C/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-05112, 2004-05845 People of State of New York, etc., plaintiff- respondent, v Larry Delgado, defendant- respondent, Glen S. Hockley, appellant. (Index No. 20925/02)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent on appeals from (1) an order of the Supreme Court, Westchester County, entered June 3, 2004, and (2) an order and judgment (one paper) of the same court entered July 6, 2004, for this court to take judicial notice of a transcript of the deposition of voting machine examiner Steven Schoengold, dated November 27, 2001.

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

ORDERED that the motion is referred to the panel of Justices hearing the appeals for determination upon the argument or submission of the appeals.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18052

A/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-03075 Yvrose F. Pierre, appellant, v Doris A. Murphy, et al., respondents (and a third-party action). (Index No. 10237/00)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 10, 2004.

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 appellant's time to perfect the appeal is enlarged until March 7, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18045

CF/

2004-04849 Felipe I. Rodriguez, et al., respondents, v Jack Asbel, appellant. (Index No. 19281/01)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18042

CF/

2004-03603 Sheffield Towers Rehabilitation & Health Care Center, LLC, et al., appellants, v Antonia Novello, respondent. (Index No. 18703/00)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18120

S/sl

2004-06443 65 North 8 Street, HDFC, appellant, v Silverio Suarez, et al., respondents. (Index No. 35217/03)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Kings County, dated May 12, 2004.

ORDERED that the application is granted and the respondents' time to file a brief is enlarged until November 18, 2004, and the respondents' brief must be filed on or before that date; and it is further,

ORDERED that the reply brief, if any, shall be served and filed on or before December 1, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18059

C/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-03486 Temple Bnai Shalom of Great Neck, etc., respondent, v Village of Great Neck Estates, appellant, et al., defendants. (Index No. 13603/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered March 2, 2004.

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 appellant's time to perfect the appeal is enlarged until June 30, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18020

CF/

2004-05051 Valentino's Pizza Time Restaurant Corp., et al., appellants, v Luk-Shop, LLC, respondent. (Index No. 26885/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Suffolk County, dated May 10, 2004.

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

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18032

CF/

2004-04103 Santiago Valerio, appellant, v Alexis Sorto, respondent. (Index No. 8623/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 10, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18037

CF/

2004-01252 Clara Stella Velez, appellant-respondent, v Tuckahoe Development, LLC, et al., respondents, J.A.N. Construction Corporation, et al., respondents-appellants. (Index No. 11795/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant W.B. Contracting Corp. to withdraw a cross appeal from an order of the Supreme Court, Westchester County, dated January 7, 2004.

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

ORDERED that the application is granted and the cross appeal by W.B. Contracting Corp. is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18121

S/sl

2004-04418 Doreen Velkas, et al., appellants, v Barry H. Kaplan, etc., respondent. (Index No. 3687/99)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, entered October 16, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 3, 2005, 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

M18023

CF/

2004-02936 Marianne Weintraub, et al., appellants, v Seaview Radiology, P.C., et al., respondents. (Index No. 13793/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated March 2, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18106

Y/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-01742 In the Matter of Anastasia B. (Anonymous). Administration for Children's Services, petitioner- respondent; Shannan B. (Anonymous), respondent; Constantin B. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-17178-97) In the Matter of Maximillian B. (Anonymous). Administration for Children's Services, petitioner- respondent; Shannan B. (Anonymous), respondent; Constantin B. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-17179-97)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated January 26, 2004, to be supplied with a copy of the entire Family Court file in the above-entitled proceedings.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as the appellant lacks the capacity to take or maintain an appeal (see Matter of Thoms' Will, 286 App Div 1146; Matter of Deimer, 274 App Div 557); and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18015

M/nal

2004-07586 In the Matter of Craig Robert B. (Anonymous), Jr., a/k/a Craig B. (Anonymous). St. Christopher Ottilie, petitioner-respondent; Craig B. (Anonymous), appellant, et al., respondent. (Docket No. B-6535/99)

SCHEDULING ORDER

Appeal by Craig B. from an order of the Family Court, Queens County, dated August 16, 2004. By decision and order of this court dated October 28, 2004, the following attorney was assigned as counsel on the appeal:

Larry S. Bachner, Esq.

90-50 Parsons Blvd. - Suite 401

Jamaica, New York 11432

(917) 378-0176

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

M18014

M/nal

2004-07965 In the Matter of David A. B. (Anonymous), appellant. (Docket No. D-11652-03)

SCHEDULING ORDER

Appeal by David A. B. from an order of the Family Court, Nassau County, dated August 2, 2004. By decision and order of this court dated October 28, 2004, the following attorney was assigned as counsel on the appeal:

Gail Jacobs, Esq.

47 Rose Avenue

Great Neck, New York 11021

(516) 773-3107

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

M18054

M/nal

2004-09643 In the Matter of Khadrek Leroy B. (Anonymous). Administration for Children's Services, et al., respondents; Winston Leroy B. (Anonymous), appellant. (Docket No. B-15810/03)

SCHEDULING ORDER

Appeal by Winston Leroy B. from an order of the Family Court, Kings County, dated July 7, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M18004

M/nal

2004-07974 In the Matter of Jennifer L. Baum, respondent, v Daniel J. Papay, appellant. (Docket No. U-27-01)

ORDER TO SHOW CAUSE

Appeal by Daniel J. Papay from an order of the Family Court, Rockland County, dated August 3, 2004. By scheduling order dated September 23, 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 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) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal 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 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 September 23, 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 22, 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

M18056

M/nal

2004-09670 In the Matter of Crystalee C. (Anonymous) Orange County Department of Social Services, appellant; Glen C. (Anonymous), respondent. (Proceeding No. 1 ) (Docket No. B-2740-04) In the Matter of Jylissa C. (Anonymous) Orange County Department of Social Services, appellant; Glen C. (Anonymous), respondent. (Proceeding No. 2) (Docket No. B-2741-04)

SCHEDULING ORDER

Appeal by Orange County Department of Social Services from an order of the Family Court, Orange County, dated September 9, 2004. 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, 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

M18068

S/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-09435 In the Matter of Sirra Juanita Crippen, respondent, v Keith Brathwaite, appellant. (Docket No. F-05498-02)

DECISION & ORDER ON MOTION

Appeal by Keith Brathwaite from an order of the Family Court, Kings County, dated September 28, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18102

M/nal

2004-02384 In the Matter of D. (Anonymous) Children. Administration for Children's Services, respondent; Robert D. (Anonymous), appellant. (Docket No. N-17487/89)

SCHEDULING ORDER

Appeal by Robert D. from an order of the Family Court, Kings County, dated February 23, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 20, 2004, and the respondent's brief was served and filed on November 8, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until November 24, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18017

M/nal

2004-06571 In the Matter of Lorna D. (Anonymous), respondent, v Colin Anderson A. (Anonymous), appellant. (Docket No. P-02453-01)

SCHEDULING ORDER

Appeal by Colin Anderson A. from an order of the Family Court, Kings County, dated July 6, 2004. By decision and order of this court dated October 6, 2004, the following attorney was assigned as counsel on the appeal:

Andrew John Calcagno, Esq.

404 Manor Road - 1st Floor

Staten Island, New York 10314

(718) 815-0200

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

ORDERED that the 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 6, 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

M18012

M/nal

2004-06859, 2004-06861, 2004-06862 2004-06863, 2004-06864, 2004-06865 In the Matter of Marc David D. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Samuel D. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Shaminique Iris P. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Elijah Pierre D. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Ashley D. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Tanisha Lovinia D. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. B-10122-01, B-10123-01, B-10124-01 B-10125-01, B-10127-01, B-10128-01)

SCHEDULING ORDER

Appeals by Ginette P. from six orders of the Family Court, Kings County, all dated June 25, 2004. By decision and order of this court dated October 28, 2004, the following attorney was assigned as counsel on the appeals:

Pauline E. Braun, Esq.

43 Edgewood Road

P. O. Box 9

Valley Stream, New York 11582-0009

(516) 872-4080

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 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 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

M18048

M/nal

2004-09642 In the Matter of Melinda D. (Anonymous). Administration for Children's Services, et al., respondents; Claudia F. (Anonymous), appellant. (Docket No. N-3637-02)

SCHEDULING ORDER

Appeal by Claudia F. from an order of the Family Court, Kings County, dated September 30, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M18011

M/nal

2004-06747 In the Matter of Anesia E. (Anonymous). Administration for Children's Services, respondent; Antoinette W. (Anonymous), appellant. (Docket No. N-3877-02)

SCHEDULING ORDER

Appeal by Antoinette W. from an order of the Family Court, Kings County, dated July 9, 2004. By decision and order of this court dated October 28, 2004, the following attorney was assigned as counsel on the appeal:

Mark W. Brandys, Esq.

26 Court Street - Suite 1215

Brooklyn, New York 11242

(718) 624-4010

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

M18028

F/

HOWARD MILLER, J.P.

THOMAS A. ADAMS

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-05687 In the Matter of Teneshia F. (Anonymous). Angel Guardian-St. Mary's Children & Family Services, et al., respondents; Criscilla F. (Anonymous), appellant. (Docket No. B-24856-01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order in the above-entitled case dated October 28, 2004, is recalled and vacated and the following decision and order on motion is substituted therefore:

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated May 12, 2004, and for leave to the appellant to prosecute the appeal as a poor person.

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

ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

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

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

ORDERED that the stenographers(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

Helene Chowes, Esq.

20 Park Avenue - Apt. 8B

New York, New York 10016

(212) 889-7808

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17982

F/

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-08329 In the Matter of Brittany Noel G. (Anonymous). Suffolk County Attorney, respondent; Grady Edward G. (Anonymous), appellant. (Docket No. B-10651-04)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated August 25, 2004, as a poor person, and for the assignment of counsel.

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

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

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

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

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

Channing Kury, Esq.

15 Saratoga Street

Commack, New York 11725

(631) 499-0105

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18124

S/sl

2004-03987 In the Matter of Gabrielle Realty Corp., respondent, v Board of Zoning Appeals of Incorporated Village of Freeport, appellant. (Index No. 17200/03)

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, Nassau County, dated March 12, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 4, 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

M18039

M/nal

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-06085 In the Matter of Mark Goldstein, appellant, v Lauren Epidy, respondent. (Docket No. F-01440-03)

DECISION & ORDER ON MOTION

Appeal by Mark Goldstein from an order of the Family Court, Orange County, dated May 28, 2004. By order to show cause dated September 30, 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 comply with the scheduling order dated July 28, 2004, is enlarged until November 15, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17993

M/nal

2003-10713 In the Matter of Daffodil Graham, respondent, v Michael White, appellant. (Docket No. V-11769/02)

SCHEDULING ORDER

Appeal by Michael White from an order of the Family Court, Westchester County, dated October 28, 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 within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M16991

M/nal

2004-00276 In the Matter of Ajuwon H. (Anonymous). McMahon Services, respondent; Annmarie H. (Anonymous), appellant. (Docket No. B-24985-00)

SCHEDULING ORDER

Appeal by Annmarie H. from an order of the Family Court, Kings County, dated December 18, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 13, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M18000

M/nal

2004-00168 In the Matter of Donnell H. (Anonymous), appellant. (Docket No. D-12705/03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Queens County, dated December 15, 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 December 6, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18016

M/nal

2004-03013 In the Matter of Vincent H. (Anonymous), appellant. (Docket No. D-4740/03)

SCHEDULING ORDER

Appeal by Vincent H. from an order of the Family Court, Queens County, dated March 9, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M17071

M/nal

2004-05724, 2004-05726 In the Matter of Sylvia J. (Anonymous). Administration for Children's Services, petitioner- respondent; Poorandeo G. (Anonymous), appellant; et al., respondent. (Proceeding No. 1) In the Matter of Kevin G. (Anonymous). Administration for Children's Services, petitioner- respondent; Poorandeo G. (Anonymous), appellant; et al., respondent. (Proceeding No. 2) In the Matter of Salina G. (Anonymous). Administration for Children's Services, petitioner- respondent; Poorandeo G. (Anonymous), appellant; et al., respondent. (Proceeding No. 3) In the Matter of Kelsey G. (Anonymous). Administration for Children's Services, petitioner- respondent; Poorandeo G. (Anonymous), appellant; et al., respondent. (Proceeding No. 4) In the Matter of Kelly G. (Anonymous). Administration for Children's Services, petitioner- respondent; Poorandeo G. (Anonymous), appellant; et al., respondent. (Proceeding No. 5) (Docket Nos. N-13599-00, N-13600-00, N-13601-00, N-13602-00, N-13603-00)

SCHEDULING ORDER

Appeals by Poorandeo G. from two orders of the Family Court, Queens County, dated April 3, 2004, and June 2, 2004, respectively. By decision and order of this court dated October 5, 2004, the following attorney was assigned as counsel on the appeals:

David I. Bliven, Esq.,

90-50 Parsons Blvd - Suite 401C

Jamaica, New York 11432

(718) 725-9600

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 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 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 5, 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

M17996

M/nal

2004-02522, 2004-02524 In the Matter of Shondel Jackson, respondent, v Mark DeSouza, appellant. (Docket No. P-06630/00)

SCHEDULING ORDER

Appeals by Mark DeSouza from two orders of the Family Court, Kings County, dated October 20, 2003, and February 16, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on November 5, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M18013

M/nal

2004-05639 In the Matter of Terrell L. (Anonymous). Suffolk County Department of Social Services, respondent; Michael L. (Anonymous), appellant. In the Matter of Michelle L. (Anonymous). Suffolk County Department of Social Services, respondent; Michael L. (Anonymous), appellant. (Docket Nos. N-17703-03, N-17704-03)

SCHEDULING ORDER

Appeal by Michael L. from an order of the Family Court, Suffolk County, dated June 16, 2004. By decision and order of this court dated September 29, 2004, the following attorney was assigned as counsel on the appeal:

Stanley E. Gelzin, Esq.

83 Pleasant Street

Huntington, New York 11743

(631) 271-0598

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 September 29, 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

M18001

M/nal

2003-09320 In the Matter of Lisa Lewis, appellant, v Francis Redhead, respondent. (Docket No. F-7557/00)

SCHEDULING ORDER

Appeal by Lisa Lewis from an order of the Family Court, Kings County, dated September 18, 2003. By decision and order of this court dated November 1, 2004, the appellant's motion to enlarge the record on the appeal was denied. 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 29, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16095

M/nal

2004-07963 In the Matter of Deborah Linksman, respondent, v Charles Linksman, appellant. (Docket No. F-5595/03)

SCHEDULING ORDER

Appeal by Charles Linksman from an order of the Family Court, Suffolk County, dated August 18, 2004. By decision and order of this court dated October 26, 2004, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M18071

S/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-09604 In the Matter of Alan S. Mandelbaum, appellant, v Alyssa R. Shasho, respondent. (Docket No. O-11952/04)

DECISION & ORDER ON MOTION

Appeal by Alan S. Mandelbaum from an order of the Family Court, Nassau County, dated September 29, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved by the order on appeal (see CPLR 5511).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18018

M/nal

2004-04893 In the Matter of Michael Mantila, respondent, v Jennifer Mantila, appellant. (Docket No. V-3567-03)

ORDER TO SHOW CAUSE

Appeal by Jennifer Mantilla from an order of the Family Court, Orange County, dated June 14, 2004. By scheduling order dated September 27, 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 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) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal 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 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 September 27, 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 22, 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

M18002

M/nal

2003-11446 In the Matter of Mark Anthony McC. (Anonymous). Administration for Children's Services, petitioner- respondent; Forestdale, Inc., petitioner-appellant; Melissa Jean-Marie McC. (Anonymous), respondent- respondent; Steven Banks, etc., nonparty-appellant. (Docket No. B-5639/00 )

SCHEDULING ORDER

Separate appeals by Forestdale, Inc., and the law guardian from an order of the Family Court, Queens County, dated December 2, 2003. The law guardian's brief was served and filed on May 10, 2004, and the brief of Forestdale, Inc. was served and filed on June 10, 2004. The attorney for the respondent received the transcripts on or about November 1, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent to serve and file a brief on the appeal is enlarged until December 3, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17997

M/nal

2003-10536 In the Matter of Frank A. Monzon, appellant, v Lori Zaikowski, respondent. (Docket No. V-1859/98)

SCHEDULING ORDER

Appeal by Frank A. Monzon from an order of the Family Court, Suffolk County, entered November 10, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 5, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M18030

E/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-05667 In the Matter of Edward G. N. (Anonymous), appellant; Harry J. M. (Anonymous), Jr., respondent. (Index No. 27477/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order and a judgment (one paper) of the Supreme Court, Nassau County, dated May 7, 2004, pending hearing and determination of an appeal therefrom, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal on the original papers.

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

ORDERED that the branch of the motion which is to stay enforcement of the order and judgment is granted to the extent that so much of the order and judgment as allowed the guardian to sell the appellant's home in Wantagh is stayed pending hearing and determination of the appeal, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for a preference is granted, and the appeal will be calendared when it is fully perfected; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18006

M/nal

2003-07013, 2003-07014 In the Matter of Jasmine N. (Anonymous). Administration for Children's Services, respondent; Glenn N. (Anonymous), appellant. (Docket No. NA-3601-00)

SCHEDULING ORDER

Appeals by Glenn N. from two orders of the Family Court, Queens County, both dated July 23, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 18, 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 time the law guardian to serve and file a their briefs on the appeals is enlarged until November 15, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17998

M/nal

2004-01997 In the Matter of Kathleen O'Shea, appellant, v Edward F. Parker, III, respondent. (Docket No. V-09075/02)

SCHEDULING ORDER

Appeal by Kathleen O'Shea from an order of the Family Court, Queens County, dated February 6, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 14, 2004. The settled transcript in the above-entitled proceeding was filed in this court on October 27, 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 time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until December 6, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17991

M/nal

2004-04640 In the Matter of Francisco R. (Anonymous), Jr. Miracle Makers, Inc., et al., petitioners-respondents; Melissa Louisa G. (Anonymous), appellant, et al., respondent. (Docket No. B-1440-03)

SCHEDULING ORDER

Appeal by Melissa Louisa G. from an order of the Family Court, Queens County, dated April 22, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 4, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M17992

M/nal

2004-01729, 2004-01730 In the Matter of Jamel Iasiah R. (Anonymous). Little Flower Children's Services, petitioner-respondent; Stacy B. (Anonymous), appellant, et al., respondent. (Docket No. B-02874-02)

SCHEDULING ORDER

Appeals by Stacy B. from two orders of the Family Court, Kings County, dated March 12, 2003, and January 26, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until December 6, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18003

M/nal

2004-07962 In the Matter of Isabel Olga Restrepo, respondent, v James Gleeson, Jr., appellant. (Docket No. F-01576-96)

ORDER TO SHOW CAUSE

Appeal by James Gleeson, Jr., from an order of the Family Court, Suffolk County, dated July 26, 2004. By scheduling order dated September 23, 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 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 September 23, 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 22, 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

M18009

M/nal

2004-07488 In the Matter of Keisha Rust, appellant, v Michael Dossantos, respondent. (Docket Nos. V-07367-03, V-07368-03, V-07399-03, V-07400-03)

SCHEDULING ORDER

Appeal by Keisha Rust from an order of the Family Court, Westchester County, dated July 21, 2004. By decision and order of this court dated October 28, 2004, the following attorney was assigned as counsel on the appeal:

Joan A. Moo Young, Esq.

180 South Broadway - Suite 203

White Plains, New York 10605

(914) 761-0241

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

M18005

M/nal

2004-02775 In the Matter of Elesabif S.-P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Isabel P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. (Proceeding No. 2) In the Matter of Tanya P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. NN-26038-00, NN-26039-00, NN-26040-00)

SCHEDULING ORDER

Appeal by Commissioner of Administration for Children's Services of the City of New York from an order of the Family Court, Kings County, dated April 1, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 9, 2004. By decision and order of this court dated October 28, 2004, the following attorney was assigned to represent the respondent on the appeal:

Edward E. Caesar, Esq.

26 Court Street - Suite 2401

Brooklyn, New York 11202-4404

(718) 246-2712

Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until December 3, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17980

F/

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-00774 In the Matter of Jessica S. (Anonymous). Administration for Children's Services, respondent; Arthur S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Nadine G. (Anonymous). Administration for Children's Services, respondent; Arthur S. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-3474-00, N-3475-00, N 3476-00)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the Law Guardian to be relieved of an assignment to represent the children Jessica S., and Nadine G., on an appeal from an order of the Family Court, Richmond County, dated December 16, 2003.

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

ORDERED that the motion is granted, and the Law Guardian, Rose P Tragni, 414 Harold Avenue, Staten Island, New York 10312, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

 ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the children Jessica S. and Nadine G:

Helene Chowes, Esq.

20 Park Avenue - Apt. 8B

New York, New York 10016

(212) 889-7808

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18058

C/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-04710 In the Matter of Salvation Army, etc., appellant, v Dominick Ferrara, et al., respondents. (File No. 38/02)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from a decree of the Surrogate's Court, Rockland County, dated April 15, 2004, to strike stated portions of the appellant's record and brief on the ground that they contain or refer to matters dehors the record.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18073

S/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-09607 In the Matter of Alyssa R. Shasho, respondent, v Alan S. Mandelbaum, appellant. (Docket No. O-11945/04)

DECISION & ORDER ON MOTION

Appeal by Alan S. Mandelbaum from an order of the Family Court, Nassau County, dated September 29, 2004.

Now on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18024

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-06898 In the Matter of Pearline Sims, appellant, v Michael Narain, respondent. (Docket No. V-704-97)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated June 28, 2004, as a poor person, and for the assignment of counsel.

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

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

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

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

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

Larry S. Bachner, Esq.

90-50 Parsons Blvd. - Suite 401

Jamaica, New York 11432

(917) 378-0176

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18008

M/nal

2004-06427 In the Matter of Margaret T. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Evelyn E. (Anonymous), appellant; et al., respondent. (Docket No. B-3201-03)

SCHEDULING ORDER

Appeal by Evelyn E. from an order of the Family Court, Dutchess County, dated July 9, 2004. By decision and order of this court dated October 28, 2004, the following attorney was assigned as counsel on the appeal:

Steven A. Feldman, Esq.

626 EAB Plaza

West Tower - 6th Floor

Uniondale, New York 11556

(516) 522-2828

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

M18091

Y/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-05042 In the Matter of Claire Toy, respondent, v Anthony Toy, appellant. (Docket No. F-200-01)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Suffolk County, entered May 21, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before November 22, 2004 by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

 ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before December 13, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18041

E/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-09037 In the Matter of Village Video, Inc., petitioner, v Incorporated Village of Hempstead, et al., respondents. (Index No. 9167/04

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated October 7, 2004, and to enjoin the respondents from enforcing the revocation of its business license pending hearing and determination of the appeal.

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

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

ORDERED that the appeal purportedly taken as of right from the order dated October 7, 2004, is dismissed, without costs or disbursements, as the order dated October 7, 2004 is not appealable as of right and leave to appeal has not been granted (see CPLR 5701[b]); and it is further,

ORDERED that the branch of the motion which is for an injunction is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18007

M/nal

2004-04646 In the Matter of Brandon W. (Anonymous), appellant. (Docket No. E-05973/03)

SCHEDULING ORDER

Appeal by Brandon W. from an order of the Family Court, Orange County, dated April 27, 2004. By decision and order of this court dated October 28, 2004, the following attorney was assigned as counsel on the appeal:

Marsha E. Koretzky, Esq.

P. O. Box 943

Goshen, New York 10924

(845) 294-1611

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

M18044

CF/

2004-06274 In the Matter of WBP Central Associates, LLC, appellant, v DECO Construction Corporation, respondent. (Index No. 20406/03)

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 June 2, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17936

F/

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2003-02712 The People, etc., respondent, v Arthur Blanco, appellant. (Ind. No. 02-00554)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered November 21, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18057

J/sl

2001-00695 The People, etc., respondent, v Fitzroy Chambers, appellant. (Ind. No. 1303-99)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Suffolk County, rendered December 18, 2000.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 17, 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

M17879

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-08421 The People, etc., respondent, v Rickey Clark, appellant. (Ind. No. 2387-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered September 8, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

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

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

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

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

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

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

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5098

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M17943

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2002-08787 The People, etc., respondent, v James Croft, appellant. (Ind. No. 01-01166)

DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel and to Assign New Counsel

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the Supreme Court, Westchester County, rendered September 5, 2002, was granted on January 23, 2003. The following named attorney was assigned to prosecute the appeal:

Patsy Bonanno, Esq.

175 Main Street - Suite 401

White Plains, New York 10601

On the court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

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

Joshua Siegel, Esq.

15 Gray Rock Avenue

Hartsdale, New York 10530

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18053

CF/

2004-00014 The People, etc., respondent, v Elvin Espaillat, appellant. (Ind. No. 2472/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Queens County, rendered August 5, 2003.

Upon the stipulation of the parties, dated October 25, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18051

CF/

2004-00015 The People, etc., respondent, v Elvin Espaillat, appellant. (Ind. No. 11266/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Queens County, rendered December 6, 2002.

Upon the stipulation of the parties, dated October 25, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17937

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2004-00225 The People, etc., respondent, v Leonard Gliatta, appellant. (Ind. No. 99-00345)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a determination of the County Court, Orange County, dated December 17, 2003, as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law 168-n (3), his status as a poor person continues on appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

 ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 the branch of the motion which is to assign counsel is granted and pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Bruce Townsend, Esq.

26 Albany Avenue

Walden, New York 12586

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 the filing fee is waived (see CPLR 1103[d]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

00 A 0170

Wyoming Corr. Fac.

Box 501

Attica, New York 14011

Appellate Division: Second Judicial Department

M17984

F/

FRED T. SANTUCCI, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2002-04087 The People, etc., respondent, v Eduardo Hall, appellant. (Ind. No. 8937/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered April 2, 2002, 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 the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17788

F/

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-06759 The People, etc., respondent, v Anthony Hallums, appellant. (S.C.I. No. 03-00172)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Westchester County, rendered July 12, 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 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

M17988

F/

FRED T. SANTUCCI, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-08808 The People, etc., respondent, v Frank Hawley, appellant. (S.C.I. No. 04-00462)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered September 22, 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 J. Squirrell, Esq.

15 Court Street

P.O. Box 101

Bedford, New York 10506

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5256

Downstate Corr. Fac.

P.O. Box 445

Fishkill, New York 12524-0445

Appellate Division: Second Judicial Department

M17990

F/

FRED T. SANTUCCI, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-07972 The People, etc., respondent, v Stephen LaValle, appellant. (Ind. No. 1350-97)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered August 9, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

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

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

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

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

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

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

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

09 A 5003

Clinton Corr. Fac.

P.O. Box 2001

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M17880

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-08572 The People, etc., respondent, v John Lamolli, appellant. (Ind. No. 04-00070)

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 September 9, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the 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:

John Paul Savoca, Esq.

One Barker Avenue - Suite 135

White Plains, New York 10601

and it is further,

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

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

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4867

Downstate Corr. Fac.

P.O. Box 445

Fishkill, New York 12524-0445

Appellate Division: Second Judicial Department

M18026

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

1995-02098, 1995-04763 The People, etc., respondent, v Oliver Leseur, appellant. (Ind. No. 5385/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motions by the respondent to dismiss as abandoned appeals from a judgment of the Supreme Court, Kings County, rendered February 17, 1995, and a resentence of the same court imposed May 4, 1995.

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

ORDERED that the motions are granted and the appeals are dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17938

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2004-07740 The People, etc., respondent, v James J. Morrison, appellant. (Ind. No. 831-88)

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

Motion by the appellant pro se for leave to prosecute an appeal from a determination of the County Court, Suffolk County, dated August 24, 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 that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law 168-n (3), his status as a poor person continues on appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

 ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 the branch of the motion which is to assign counsel is granted and pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

90 A 6766

Ogdensburg Corr. Fac.

One Correction Way

Ogdensburg, New York 13669

Appellate Division: Second Judicial Department

M18025

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

1995-02092 The People, etc., respondent, v Raymond Prince, appellant. (Ind. No. 12286/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered February 24, 1995.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17989

F/

FRED T. SANTUCCI, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-08321 The People, etc., respondent, v Eric Rose, appellant. (Ind. No. 2631-02)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered August 25, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

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

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

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

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

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

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

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 4817

Downstate Corr. Fac.

P.O. Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M17941

F/

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-06310 The People, etc., respondent, v Dennis Ruddy, appellant. (S.C.I. No. 04-00320)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a determination of the County Court, Westchester County, dated June 23, 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 that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Kings County, continues on appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

 ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 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 the filing fee is waived (see CPLR 1103[d]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17882

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-07886 The People, etc., respondent, v Ivy Sherrill, appellant. (Ind. No. 02-00079)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered July 29, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

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

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

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

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

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

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

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

Adam Seiden, Esq.

9 Prospect Avenue - Suite 135

White Plains, New York 10601

and it is further,

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

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

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 G 0789

Bedford Hills Corr. Fac.

Box 1000

Bedford Hills, New York 10507

Appellate Division: Second Judicial Department

M17986

F/

FRED T. SANTUCCI, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-08573 The People, etc., respondent, v Uniqua Smith, appellant. (Ind. No. 03-01715)

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 September 14, 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:

Stephen J. Pittari, Esq.

Legal Aid Society of Westchester County

One North Broadway, 9th Floor

White Plains, New York 10601

and it is further,

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

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

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 G 0912

Bedford Hills Corr. Fac.

P.O. Box 1000

Bedford Hills, New York 10507-2499

Appellate Division: Second Judicial Department

M17935

F/

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2003-01942 The People, etc., respondent, v Jose Soto, appellant. (Ind. No. 494/02)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered January 28, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18022

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2002-07302 The People, etc., respondent, v Jeffrey Stover, appellant. (Ind. No. 00-01632)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Westchester County, rendered July 16, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 4188

Shawangunk Corr. Fac.

Box 700

Wallkill, New York 12589

Appellate Division: Second Judicial Department

M17939

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-08419 The People, etc., respondent, v Leroy Thorpe, appellant. (Ind. No. 878-84)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a determination of the County Court, Suffolk County, dated September 8, 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 that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Kings County, continues on appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

 ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 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 the filing fee is waived (see CPLR 1103[d]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17985

F/

FRED T. SANTUCCI, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-08534 The People, etc., respondent, v Eugene Waymer, a/k/a Eugene Waymea, appellant. (Ind. No. 5628/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered September 20, 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 the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M17940

F/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-08418 The People, etc., respondent, v Richard Windham, appellant. (Ind. No. 269-02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a determination of the County Court, Suffolk County, dated August 30, 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 that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Kings County, continues on appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

 ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 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 the filing fee is waived (see CPLR 1103[d]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court