Appellate Division: Second Judicial Department

M18050

A/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-08852 Jahkeeda Akbar, appellant, v Joseph Dorcean, respondent. (Index No. 4356/03)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of an order of the Supreme Court, Kings County, dated September 14, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18199

S/sl

2004-03913 Almeida Oil Co., Inc., etc., et al., respondents, v Singer Holding Corp., defendant third-party plaintiff-appellant; West Vernon Petroleum Corp., third-party defendant-appellant. (Index No. 1829/03)

ORDER ON APPLICATION

ORDERED that the order on application dated October 21, 2004, in the above-entitled case is amended by deleting from the decretal paragraph thereof the date "January 5, 2004," and substituting therefor the date "January 5, 2005".

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18202

R/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-06474 Louis Baguidy, respondent, v William S. Ritter, defendant, WABC Television, Inc., appellant. (Index No. 19486/02)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from order of the Supreme Court, Kings County, dated June 30, 2004.

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

ORDERED that the motion is denied.

ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18146

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2003-10491, 2004-06192 Trevor L. Brooks, appellant, v Michael Ross, respondent. (Index No. 38541/00)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated October 1, 2003, and June 29, 2004, respectively, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by the respondent, inter alia, to dismiss the appeals on the ground that the appellant has failed to serve and file a proper appendix, or to strike the appendix and direct the appellant to serve and file an appendix in accordance with the rules of this court, and to strike those portions of the appellant's brief that refer to matters dehors the record, and to enlarge the time to serve and file a respondent's brief.

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

ORDERED that the branch of the cross motion which is to strike the appellant's appendix and brief is granted, the appendix and appellant's brief are stricken, and on or before December 20, 2004, the appellant shall serve and file a new appendix that sets forth and labels the documents included in the appendix in chronological order, and that does not contain matter dehors the record, and a new brief; and it is further,

ORDERED that the branch of the cross motion which is to enlarge time is granted and the respondent's time to serve and file a brief is enlarged until January 25, 2005; and it is further,

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

ORDERED that the motion is denied, with leave to renew upon the filing of a proper appendix and brief.

FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18208

S/sl

2004-03277 Mariannina Capiello, et al., plaintiffs-respondents, v Xuan Thi Johnson, et al., defendants-respondents, Town of Orangetown, appellant. (Index No. 1354/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated March 4, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 2, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18212

S/sl

2004-02968 Carl S. Levine & Associates, P.C., appellant, v Sheldon Kleeger, et al., respondents. (Index No. 5729/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated January 6, 2004.

ORDERED that the application is granted and the reply brief submitted to the Clerk of this court on November 9, 2004, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18195

E/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2003-10599 Robert B. Conway, respondent, v S. Catherine Conway, appellant. (Index No. 8252/96)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated June 20, 2003.

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

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

ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated January 6, 2004, issued in the above-entitled appeal, is amended to provide that the appellant's time to perfect the appeal is enlarged until December 13, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18196

PL/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2003-10599 Robert B. Conway, respondent, v S. Catherine Conway, appellant. (Index No. 8252/96)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 2, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant for leave to enlarge her time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated June 20, 2003.

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

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

ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated January 6, 2004, issued in the above-entitled appeal, is amended to provide that the appellant's time to perfect the appeal is enlarged until November 3, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ORDERED that no further enlargements of time shall be granted.

ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18223

CF/

2004-05902 Stephanie Dixon, et al., plaintiffs-respondents, v Charles F. Glassman, etc., et al., defendants- respondents, Pascale Guirand, etc., third-party defendant-appellant. (Index No. 7611/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated June 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

M18046

A/sl

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-02685 Equicredit Corporation of America, respondent, v Armando Cabrera, appellant, et al., defendants. (Index No. 18442/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay his eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated November 17, 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

M18217

CF/

2004-07091 Andrew Gleason, appellant, v Seafield Recovery Center, respondent. (Index No. 30422/01)

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 June 8, 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

M18231

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-09379 Green Bus Lines, Inc., et al., respondents, v City of New York, appellant, Metropolitan Transportation Authority, appellant (and a related action). (Index No. 18770/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Queens County, dated October 20, 2004, pending hearing and determination of an appeal therefrom, and for a preference in the calendaring of the appeal.

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 appellant's notice of appeal from a so-ordered transcript dated October 5, 2004, is deemed to be a premature notice of appeal from the order dated October 20, 2004 (see CPLR 5520[c]); and it is further,

ORDERED that the branch of the motion which is for a stay is granted and enforcement of the order dated October 20, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 3, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 3, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondents' brief shall be served and filed on or before December 17, 2004; and the reply brief, if any shall be served and filed on or before December 27, 2004; 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 motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18216

CF/

2004-02206 Richard J. Hopwood, et al., appellants, v Allstate Insurance Company, et al., respondents. (Index No. 11266/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, entered January 21, 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

M18190

C/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-05891 Ann Marie Hurley, appellant-respondent, v First Unum Life Insurance Company, respondent-appellant. (Index No. 9554/98)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, entered March 20, 2003, in effect, for leave to reargue a motion by the respondent-appellant, among other things, to strike portions of the appellant-respondent's brief and reply brief on the ground that they refer to matters dehors the record, which was determined by decision and order on motion of this court dated September 30, 2004, and to enlarge her time to comply with the decision and order on motion of this court dated September 30, 2004.

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

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

ORDERED that the branch of the motion which is to enlarge the time to comply with the decision and order on motion of this court dated September 30, 2004, is granted; the time of the appellant-respondent to delete certain material from her brief and reply brief on file with this court as directed by the decision and order on motion of this court is enlarged until December 13, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18211

Y/sl

SONDRA MILLER, J.P.

GLORIA GOLDSTEIN

BARRY A. COZIER

PETER B. SKELOS, JJ.

2003-09296 Norman Lazan, et al., respondents, v County of Suffolk, appellant. (Index No. 17709/99)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from a decision and order of this court dated October 18, 2004, which affirmed an order of the Supreme Court, Suffolk County, dated October 8, 2003.

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

ORDERED that the motion is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this court dated October 18, 2004, properly made?

Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

S. MILLER, J.P., GOLDSTEIN, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18165

R/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-08804 Guy Lazarus, et al., plaintiffs, v Anthony Caputo, et al., defendants. (Index No. 35577/02)

DECISION & ORDER ON MOTION

Motion by the plaintiffs for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated June 4, 2004, which affirmed an order of the Civil Court in the City of New York, Richmond County, entered July 9, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18201

R/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-04480 Jack Martin, et al., respondents, v Boaz Arbel, defendant, Amir Elizarov, appellant. (Index No. 19656/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated May 5, 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 January 17, 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., H. MILLER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18219

CF/

2004-05124 Benjamin D. Pastrana, et al., plaintiffs- respondents, v City of New York, et al., defendants third-party plaintiffs-appellants; CRSS Constructors, Inc., et al., third-party defendants-respondents,et al., third-party defendants. (Index No. 753/96)

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 18, 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

M18225

CF/

2004-05568 Maged F. Riad, et al., plaintiffs-respondents, v Olson & Byxbee, Inc., et al., defendants, Landmark Construction, et al., appellants. (Index No. 11412/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Westchester County, dated June 7, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18226

CF/

2004-08761 Maged F. Riad, et al., respondents, v Olson & Byxbee, Inc., et al., defendants, Valley Forge Insurance Company, appellant. (Index No. 11412/01)

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 August 18, 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

M18198

S/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-09561 Frances Lynn Staudter, appellant, v Charles Staudter, respondent. (Index No. 15723/02)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Suffolk County, dated October 13, 2004.

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

ORDERED that the appellant's notice of appeal is treated as an application for leave to appeal to this court and leave to appeal is granted (see CPLR 5701[c]).

RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18207

S/sl

2004-03643 Turbo Carpentry Corporation, respondent, v Ralph Brancadoro, appellant. (Index No. 29803/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated March 29, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 24, 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

M18191

C/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2003-06413 Samantha Vestal, etc., et al., respondents, v County of Suffolk, appellant. (Index No. 22749/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated June 30, 2003, which was determined by decision and order of this court dated May 10, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

RITTER, J.P., FLORIO, COZIER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18221

CF/

2004-04897 In the Matter of Regina Beretervide, appellant, v Curtis G. Pharr, respondent. (Docket No. V-2808-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Orange County, dated April 28, 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

M18224

CF/

2004-06312 In the Matter of Lisa Castaldo, respondent, v William Kimbark, appellant. (Docket No. F-317-99)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18200

R/sl

FRED T. SANTUCCI, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-09467 In the Matter of Susan C. Herman, petitioner, v Joseph B. Herman, respondent. (Docket No. O-6664/04)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to this court from an order of the Family Court, Queens Court, dated October 5, 2004, and to stay enforcement of the order of 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 motion is otherwise denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M16744

M/nal

2003-08924 In the Matter of Ramsay M. (Anonymous). Administration for Children's Services, appellant; Olga P. (Anonymous), et al., respondents. (Docket No. NA-14192/02)

SCHEDULING ORDER

Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated September 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 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 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

M18218

CF/

2004-04856 In the Matter of Frederick Mitchell, appellant, v Edmonde Mitchell, respondent. (Docket No. U-15934-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Westchester County, dated April 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

M18192

E/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-00884 In the Matter of Anthony O. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 1) In the Matter Nicholas K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Tabitha K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-101-02, N-102-02, N-103-02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Family Court, Westchester County, dated December 29, 2003.

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

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

ORDERED that the 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 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until December 13, 2004; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18184

M/nal

2004-09764 In the Matter of Deanna R. (Anonymous). Suffolk County Department of Social Services, respondent; Sharon R. (Anonymous), appellant. (Docket No. N-14469-03)

SCHEDULING ORDER

Appeal by Sharon R. from an order of the Family Court, Suffolk County, dated October 8, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M18147

C/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2003-11088 In the Matter of Anthony S. Sadowski, Deceased. Joseph A.F. Sadowski, appellant; Josephine Buonocore, etc., et al., respondents. (File No. 328030)

DECISION & ORDER ON MOTION

Motion by the respondent Michele Lippa Gartner to strike the record on appeal from a decree of the Surrogate's Court, Nassau County, dated September 22, 2003, on the grounds, inter alia, that the record is incomplete and contains matters dehors the record, and to enlarge the time to serve and file her brief.

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

ORDERED that the branch of the motion which is to strike the record on appeal is granted to the extent that (1) pages 8 through 14 of the record are stricken and on or before December 13, 2004, the appellant shall remove from all copies of the record on file with the court pages 8 through 14, (2) on or before December 13, 2004, the appellant shall serve and file a supplemental record containing the entire transcript of the hearing which occurred on June 18, 2003, and settle the transcript of that hearing, if he has not done so already; and that branch of the motion is otherwise denied; and it is further,

 ORDERED that the branch of the motion which is to enlarge the time to serve and file the movant's brief is denied as unnecessary, as the movant has timely filed her brief.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18186

M/nal

2004-09762, 2004-09763 In the Matter of Cornelius Sullivan, appellant, v Marilyn Sullivan, respondent. (Docket No. V-1893-03)

SCHEDULING ORDER

Appeals by Cornelius Sullivan from two orders of the Family Court, Suffolk County, both dated September 28, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected 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 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 they have been ordered, the date thereof and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M18171

F/

DAVID S. RITTER, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-08028 The People, etc., respondent, v Reuben Bramble, appellant. (Ind. No. 4257/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered August 11, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18111

C/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2003-08040 The People, etc., respondent, v Abraham Decclesis, appellant. (Ind. No. 368/02)

DECISION & ORDER ON MOTION

Motions by the appellant pro se (1) to relieve assigned counsel and assign new counsel on an appeal from a judgment of the Supreme Court, Westchester County, rendered August 20, 2003, and (2) to enlarge the time to serve and file a supplemental brief.

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

ORDERED that the motion to relieve assigned counsel and assign new counsel is denied; and it is further,

ORDERED that the motion to enlarge time is granted, and the appellant's supplemental brief shall be served and filed on or before January 19, 2005; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18035

A/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2000-02458 The People, etc., respondent, v George Philips, appellant. (Ind. No. 3251/97)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered January 25, 2000, in effect, for leave to reargue those branches of a motion which were for leave to file an oversized supplemental brief exceeding 70 pages in length, and to enlarge the time to serve and file the supplemental brief, which were determined by decision and order of this court dated June 17, 2004.

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

ORDERED that the motion is granted, and upon reargument, it is

ORDERED that those branches of the prior motion which were for leave to serve and file an oversized supplemental brief in excess of 70 pages and to enlarge the time to serve and file the supplemental brief are granted, the appellant shall file nine copies of the oversized brief submitted to the Clerk of this Court on October 27, 2004, on or before January 4, 2005, and shall serve one copy on the District Attorney on or before January 4, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18029

A/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2000-03865 The People, etc., respondent, v George Philips, appellant. (Ind. No. 3717/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered April 10. 2000, in effect, for leave to reargue those branches of a motion which were for leave to file an oversized supplemental brief exceeding 70 pages in length, and to enlarge the time to serve and file the supplemental brief, which were determined by decision and order of this court dated June 17, 2004.

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

ORDERED that the motion is granted, and upon reargument, it is

ORDERED that those branches of the prior motion which were for leave to serve and file an oversized supplemental brief in excess of 70 pages and to enlarge the time to serve and file the supplemental brief are granted, the appellant shall file nine copies of the oversized brief submitted to the Clerk of this Court on October 27, 2004, on or before January 4, 2005, and shall serve one copy on the District Attorney on or before January 4, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18197

PL/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2002-03088, 2002-03089 The People, etc., respondent, v Anthony Wayne Smith, appellant. (Ind. Nos. 332/01, 905/01)

DECISION & ORDER ON MOTION

Motion by the People to enlarge the judgment roll on appeals from two judgments of the County Court, Suffolk County, both rendered March 13, 2002, to include pages 718-727 from the trial transcript relating to a judgment rendered May 2, 1979, under Indictment No. 1176/78. By decision and order dated April 16, 2004, the matter was remitted to the County Court, Suffolk County, to hear and report on whether that court considered pages 718-727 from the 1979 transcript at issue when sentencing the appellant on the judgments rendered March 13, 2002, and the motion was held in abeyance in the interim.

Upon the papers filed in support of the motion, the papers filed in opposition thereto, and upon the report of the County Court, Suffolk County, it is

ORDERED that the motion is granted, and the People shall file a copy of the above referenced transcript pages with the Clerk of this court on or before November 26, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18193

K/sl

GABRIEL M. KRAUSMAN, J.

2004-00273 The People, etc., respondent, v Dwayne Young, appellant. (Ind. No. 7047/97)

DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated December 12, 2003, which has been referred to me for determination.

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

ORDERED that the application is granted; the defendant is granted leave to appeal from the order of the Supreme Court, Kings County, dated December 12, 2003, made in this case; and it is further,

CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,

ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.

GABRIEL M. KRAUSMAN

Associate Justice

Appellate Division: Second Judicial Department

M17978

C/sl

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-08711 The People, etc., ex rel. Leslie Maize, petitioner, v Mr. Riley, respondent.

DECISION & ORDER ON MOTION

Application by the petitioner for a writ of habeas corpus.

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

ORDERED that the application is denied and the petition is dismissed, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court