APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4546

M/sl

2003-04463 Giovanni Arcuri, et al., plaintiffs-respondents, v Evelyn Ramos, et al., defendant-respondent, Triborough Bridge and Tunnel Authority, appellant. (Index No. 13892/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 3, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 8, 2003, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4552

Y/sl

FRED T. SANTUCCI, J.P.

THOMAS A. ADAMS

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-08932 Akber Aziz, appellant, v Gulzar Aziz, respondent. (Index No. 202755/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated September 26, 2003, in effect, to amend so much of a prior decision and order on motion of this court dated November 3, 2003, as conditioned the grant of a motion to stay enforcement of the order and to enjoin the respondent from relocating with the parties' child to the State of Texas, upon the perfection of the appeal by November 25, 2003.

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

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

ORDERED that the decision and order on motion of this court dated November 3, 2003, is amended by (1) deleting from the first and second decretal paragraphs thereof the date "November 25, 2003," and substituting therefor the date "December 24, 2003," (2) deleting from the third decretal paragraph thereof the date "December 9, 2003," and substituting therefor the date "January 6, 2004," (3) deleting from the fourth decretal paragraph thereof the date "December 23, 2003," and substituting therefor the date "January 20, 2004," and (4) deleting from the fifth decretal paragraph thereof the date "December 30, 2003," and substituting therefor the date "January 27, 2004."

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4520

M/sl

2003-04680 Juan Cesario, appellant, v Larisa Cesario, respondent. (Index No. 200060/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated April 18, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 5, 2003, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4541

M/sl

2003-03558 Michael Coll, respondent, v Lia K. Padilla, et al., appellants. (Index No. 5141/00)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated March 3, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 9, 2003, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4506

O/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

NANCY E. SMITH

STEPHEN G. CRANE, JJ.

2003-08097 EMI Realty, Inc., appellant, v 241-247 Hempstead Turnpike, Inc., et al., respondents. (Index No. 8724/98)

DECISION & ORDER ON MOTION

Motion by the appellant to extend its time to file a notice of appeal from a decision of the Supreme Court, Nassau County, dated January 14, 2003, which was timely served, and to enlarge the time to perfect 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 appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is denied as academic.

PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4534

M/sl

2003-03089 GMAC Commercial Mortgage Corporation, respondent, v S.K. New York, LLC., et al., appellants. (Index No. 2609/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated February 19, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 30, 2003, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4508

S/sl

2003-04757 Anna F. Larsen, et al., respondents, v Dawn M. Spano, et al., appellants. (Index No. 4937/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated May 1, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 22, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4524

S/sl

2003-04090 Sebastian Lattuga, etc., appellant, v Harvey Orlin, etc., et al., respondents. (Index No. 1636/03)

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 April 4, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 21, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4514

M/sl

2003-03131 Frank E. Longo, appellant, v County of Nassau, et al., respondents. (Index No. 16173/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated February 19, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 21, 2003, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4554

C/sl

GABRIEL M. KRAUSMAN, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-03892 Noble Drew Ali Plaza Tenants Association, et al., respondents, v Noble Drew Ali Plaza Housing Corp., et al., defendants, Zvi Kaufman, a/k/a Steve Kaufman, et al., appellants. (Index No. 53655/02)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 7, 2003. Cross motion by the respondents to dismiss the appeal on the grounds that the appeal has been rendered academic and has no merit or that it was not timely perfected.

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

ORDERED that the motion is granted to the extent that the appellants' time to perfect the appeal is enlarged until January 23, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date, and the motion is otherwise denied; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal on the ground that it was not timely perfected is denied; and it is further,

 ORDERED that the branch of the cross motion which is to dismiss the appeal on the grounds that it has been rendered academic or has no merit is denied without prejudice to raising those issues in the respondents' brief.

KRAUSMAN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4550

E/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2002-01676, 2002-03152, 2002-03153, 2002-03201, 2002-03207, 2002-03219, 2002-03220, 2002-03222, 2002-03235 Thomas E. O'Brien, et al., respondents, v Town of Huntington, et al., appellants. (Action No. 1) (Index No. 15166/81) Thurston K. Whitson, et al., respondents, v Town of Huntington, et al., appellants. (Action No. 2) (Index No. 23703/82) Ruth Terry, et al., respondents, v Town of Huntington, et al., appellants. (Action No. 3) (Index No. 23702/82) Royce W. Tabor, et al., respondents, v Town of Huntington, et al., appellants. (Action No. 4) (Index No. 24026/85) Margaret Lockhart, et al., respondents, v Town of Huntington, et al., appellants. (Action No. 5) (Index No. 31988/96) Robert D. Deasy, et al., respondents, v Town of Huntington, et al., appellants. (Action No. 6) (Index No. 2851/87) Robert D. Deasy, et al., respondents, v Broad Hollow Estates, Inc., appellant. (Action No. 7) (Index No. 23868/89)

DECISION & ORDER ON MOTION

Motion by the appellants Town of Huntington and Board of Trustees of the Town of Huntington for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated January 25, 2002, seven orders of the same court, all dated March 6, 2002, and an order of the same court, dated March 7, 2002, which were determined by decision and order of this court dated September 15, 2003, 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 payable by the movants to the plaintiffs.

SMITH, J.P., LUCIANO, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4551

C/sl

GABRIEL M. KRAUSMAN, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-09368 Darrian Owens, plaintiff, v City of New York, et al., defendants. (Index No. 5811/95)

DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division

Motion by the City of New York, in effect, for leave to appeal to this court from an amended order of the Appellate Term of the Supreme Court, Second and Elventh Judicial Districts, dated July 11, 2003, which affirmed a judgment of the Civil Court, Kings County, entered October 11, 2000.

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.

KRAUSMAN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4539

M/sl

2003-04501 Joseph Panobianco, respondent, v N&L General Contracting Corporation, et al., appellants. (Index No. 10890/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated April 4, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 14, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4528

S/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

WILLIAM D. FRIEDMANN

HOWARD MILLER, JJ.

2003-00688, 2003-05569 Precise Court Reporting, Inc., et al., appellants, v Mark Karten, et al., respondents. (Index No. 009355/00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated September 26, 2003, in the above-entitled case is amended by deleting from item 4 of the third decretal paragraph the words "order discovery denied and", and substituting therefor the words "other discovery demands".

PRUDENTI, P.J., SMITH, FRIEDMANN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4545

E/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-02865 Stanley Price, appellant, v Zan Diakos, et al., respondents. (Index No. 9199/01)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondents Verizon New York, Inc., Verizon Wireless Services, LLC, Verizon Wireless (VAW), LLC, Verizon Wireless Messaging Services, LLC, and Verizon Communications, Inc., to dismiss an appeal from an order of the Supreme Court, Nassau County, dated March 4, 2003, for failure to timely perfect the same.

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 the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4542

E/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-01702 Judy A. Ryan, appellant, v Toys-R-Us, respondent. (Index No. 20373/98)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated January 24, 2003, for failure to timely perfect the same.

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 the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4536

M/sl

2003-04386 Lily Wang, appellant, v Lisa Houck, et al., respondents. (Index No. 2393/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 26, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 14, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4507

S/sl

2003-02608 Roger Wootton, appellant, v Board of Trustees of Locust Valley Library, etc., et al., respondents. (Index No. 12589/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 4, 2003.

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged, and the appellant's record and brief which were submitted to the Clerk of the court on November 14, 2003, are accepted for filing.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4523

S/sl

2003-04443 In the Matter of Buy Buy Baby, Inc., respondent, v L. Simon Corporation, appellant. (Index No. 14010/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated April 2, 2003.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4517

M/sl

2003-03545 In the Matter of CFS Realty Corp., appellant, v Board of Zoning Appeals of Town of Hempstead, respondent. (Index No. 8398/02)

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 a judgment of the Supreme Court, Nassau County, dated January 28, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 5, 2003, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4543

Y/sl

GABRIEL M. KRAUSMAN, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-02387 In the Matter of Susan Coyle, respondent, v Timothy Coyle, appellant. (Docket No.O-4878-02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Nassau County, dated February 13, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal.

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.

KRAUSMAN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4530

S/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-08520 Nelson I. Montalvo, respondent, v Donna M. Colella, appellant. (Docket No. V-06723-03)

DECISION & ORDER ON MOTION

Appeal by Donna M. Colella from an order of the Family Court, Queens County, dated September 4, 2003.

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 and leave to appeal is granted (see CPLR 5701[c]).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4547

Y/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2002-10887 In the Matter of Howard Nedrick, appellant, v Rosalee Vasciannio, respondent. (Docket No. O-22410/02)

DECISION & ORDER ON MOTION

Appeal by Howard Nedrick from an order of the Family Court, Kings County, dated October 9, 2002. By order to show cause dated June 27, 2003, 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 March 12, 2003, issued pursuant to 22 NYCRR 670.4(a) by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court. By decision and order on motion of this court dated June 27, 2003, the scheduling order dated March 12, 2003, was amended to provide that the appellant's time to move for leave to prosecute the appeal as a poor person was enlarged until July 30, 2003.

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated June 27, 2003 (see 22 NYCRR 670.4[5]).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4537

Y/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2002-01720 In the Matter of Lloyd K. Noil, respondent, v Angela Burton, appellant. (Docket Nos. V-1089/01, V-1090/01, V-1091/01)

DECISION & ORDER ON MOTION

Motion by the Law Guardian to dismiss an appeal from an order of the Family Court, Rockland County, dated January 29, 2002, on the ground that the order was entered upon the stipulation of the parties, and no appeal lies from such an order, or in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to dismiss the appeal is denied without prejudice to raising the issue in the Law Guardian's brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; the Law Guardian's time to serve and file a brief is enlarged until December 17, 2003, and the Law Guardian's brief must be served and filed on or before that date.

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4553

E/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

HOWARD MILLER, JJ.

2002-05018 In the Matter of Sambasiva Rao Venigalla, et al., appellants, v Alagappa Alagappan, et al., respondents. (Index No. 15676/01)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, dated April 18, 2002 , which was determined by decision and order of this court dated August 25, 2003, and separate motion by the respondents for leave to appeal to the Court of Appeals from the decision and order of this court, dated August 25, 2003.

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

ORDERED that the motions are denied, with two bills of $100 costs.

RITTER, J.P., S. MILLER, LUCIANO and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4531

S/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-08674 In the Matter of Raul Vidal, respondent, v Dianna Salas, appellant. (Docket No. V-10888-03)

DECISION & ORDER ON MOTION

Appeal by Dianna Salas from an order of the Family Court, Queens County, dated September 5, 2003.

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 and leave to appeal is granted (see CPLR 5701[c]).

SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4538

E/sl

GABRIEL M. KRAUSMAN, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-06885 The People, etc., appellant, v Joseph Matz, et al., respondents, et al., defendants. (Ind. No. 87/03)

DECISION & ORDER ON MOTION

Motion by the appellant to withdraw an appeal from an order of the County Court, Nassau County, dated July 11, 2003, on the ground that the appeal has been rendered academic.

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 the appeal is deemed withdrawn.

KRAUSMAN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4025

F/

HOWARD MILLER, J.

2003-07374 The People, etc., plaintiff, v Antonio Potter, defendant. (Ind. No. 1799-00)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated June 5, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

HOWARD MILLER

Associate Justice