Appellate Division: Second Judicial Department

M18332

S/sl

2004-04336 Omar Ahamad, et al., respondents, v John Lupero, et al., appellants. (Index No. 11158/03)

ORDER ON APPLICATION

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18389

J/sl

2004-04313 Massimilliano Bartoli, respondent, v Asto Construction Corp., et al., appellants. (Index No. 45469/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Kings County, dated April 29, 2004.

ORDERED that the application is granted and the joint record on the appeals and the appellants' respective briefs which were submitted to the office of the Clerk of the court are accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18318

CF/

2004-05365 Thomas D'Aiello, appellant-respondent, v Westland South Shore Mall, et al., respondents, Sears Roebuck and Company, respondent- appellant. (Index No. 15701/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Suffolk County, dated May 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ORDERED that the application is granted and the cross appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18333

S/sl

2004-04307 Hyacinth Facey, appellant, v Tina and Kay Estates, Inc., respondent. (Index No. 196/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated April 14, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 11, 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

M18325

CF/

2004-04950 Hardwick Elevator Corp., respondent, v Boyard Management Corp., et al., appellants. (Index No. 2628/04)

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 April 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

M18337

R/sl

FRED T. SANTUCCI, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2004-09316 International Television Broadcasting, Inc., appellant, v Yogesh K. Yogiraj, et al., respondents. (Index No. 7850/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enjoin the respondents from directly or indirectly assigning the Doordarshan International program rights, and/or from broadcasting or causing the broadcast of the Doordarshan channel in North America through any person other than the appellant pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 15, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18320

CF/

2004-05359 Alexander Izzo, et al., appellants, v Candido E. Fuentes-Felix, etc., et al., respondents. (Index No. 31160/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated May 25, 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

M18364

S/sl

2003-07928, 2004-01174 Andrea Jacobs, et al., respondents-appellants, v Macy's East, Inc., et al., appellants-respondents. (Index No. 17283/96)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)((2) to enlarge the time to serve and file a reply brief on an appeal and cross appeal from two orders of the Supreme Court, Queens County, dated July 28, 2003, and October 3, 2003, respectively.

ORDERED that the application is granted and the appellants-respondents' reply brief shall be served and filed on or before December 22, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18303

R/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2004-00585 Robin Jaffe, et al., appellants, v Kanwar Singh Rauhila, et al., respondents. (Index No. 25448/94)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 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 granted; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until December 16, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18360

S/sl

2004-07407 Melvyn Kaufman, et al., appellants, v State of New York, respondent. (Claim No. M 67716)

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 Court of Claims, dated April 7, 2004.

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

M18359

Y/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-05314 Arturo Manzo, et al., respondents, v Nadine Gross, appellant, et al., defendants. (Index No. 19437/01)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Nassau County, entered June 9, 2004.

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

ORDERED that on the court's own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the motion is denied.

H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18330

R/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-11362, 2004-02242 James Mulhern, et al., plaintiffs, v Manhasset Bay Yacht Club, defendant third-party plaintiff-respondent; Costello Marine Contracting Corp., third-party defendant- appellant. (Index No. 6236/98)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to serve and file a supplemental appendix and supplemental brief raising the issue of whether the injured plaintiff is a "seaman" for purposes of the applicability of the Jones Act and Longshore Harbor Workers' Compensation Act, on appeals from an order of the Supreme Court, Queens County, dated September 10, 2003, and a judgment of the same court dated February 9, 2004, and to substitute Freehill Hogan & Mahar, LLP, as counsel for the appellant.

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

ORDERED that the branch of the motion which for leave to serve and file a supplemental appendix and supplemental brief raising the issue of whether the injured plaintiff is a "seaman" for purposes of the applicability of the Jones Act and Longshore Harbor Workers' Compensation Act, is granted, the appellant shall serve and file a supplemental brief and appendix on or before December 6, 2004; the respondent shall serve and file a supplemental brief on or before December 20, 2004; and the appellant shall serve and file a supplemental reply brief on or before December 27, 2004; and it is further,

ORDERED that the branch of the motion which is to substitute Freehill Hogan & Mahar, LLP, as counsel for the appellant, is granted.

H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18357

S/sl

2004-02199 NC Venture I, L.P., plaintiff-respondent, v Complete Analysis, Inc., et al., defendants, Joseph Fiegoli, et al., defendants third-party plaintiffs-respondents; Valley Forge Insurance Company, appellant. (Index No. 6981/02)

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, Westchester County, dated January 23, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18312

R/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2003-08011 Norwest Mortgage, Inc., respondent, v Thomas L. Blount, et al., appellants, et al., defendants. (Index No. 27337/97)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated June 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 appellants' time to perfect the appeal is enlarged until December 7, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18308

R/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2003-04982 A. Oreilly Phillips, d/b/a Oreilly Home Improvements, respondent, v Yvonne Blount, et al., appellants, et al., defendants. (Index No. 13147/97)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated April 14, 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 appellants' time to perfect the appeal is enlarged until December 7, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18319

CF/

2004-08399 Erik R. Scanlon, respondent, v Aurelio Varano, appellant. (Index No. 19587/02)

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 August 3, 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

M18340

E/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-03007, 2004-05328, 2004-06341 Raymond Shapiro, et al., appellants, v Rockville Country Club, Inc., et al., defendants. (Index No. 15308/02)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2004 Calendar," dated November 3, 2004, which dismissed an appeal from an order of the Supreme Court, Nassau County, dated February 23, 2004, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal, to consolidate the appeal with appeals from a judgment and an order of the same court entered May 27, 2004, and dated June 21, 2004, respectively, and to stay enforcement of the order dated June 21, 2004. Cross motion by the respondents Rockville Country Club, Inc., Walter Josiah, Robert Matthews, Anthony Mauro, James Gomiela, Jack Tenenbaum, Anthony Zotollo, Robert Miceli, Donald Runacres, Patrick Lerza, Peter Miller, Eugene Cardoza, James Gemino, Steven Smith, Edward Paternostro, Nicholas Balzano, Daniel Lennon, Patrick Lagudi, Edward Roger, and Peter Doran to dismiss the appeal from the judgment, on the ground that appellate review of the judgment is precluded by the doctrine of Bray v Cox (38 NY2d 350).

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

ORDERED that on the court's own motion, so much of the decision and order on motion of this court dated November 3, 2004, as dismissed the appeal from the order dated February 23, 2004, is recalled and vacated, and that appeal is reinstated; and it is further,

ORDERED that on the court's own motion, the appeal from the order dated February 23, 2004, is dismissed, without costs of disbursements, because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeal from the judgment with the appeal from the order dated June 21, 2004, is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,

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

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18370

Y/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2004-06815 Herbert J. Stein, etc., respondent, v Jeffrey Einhorn, et al., appellants. (Index No. 19932/01)

DECISION & ORDER ON MOTION

Motion by the respondent for a preference in the calendaring of an appeal from a judgment of the Supreme Court, Suffolk County, entered July 14, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18324

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2004-06396 U.S. Bus Corp., et al., plaintiffs-appellants, v J.S. Ben-Ezra Industrial Sales, Inc., et al., defendants-respondents. (Index No. 5836/02)

DECISION & ORDER ON MOTION

Motion by the appellants to strike stated portions of the respondents' brief on an appeal from an order of the Supreme Court, Rockland County, dated December 5, 2004, on the ground that it raises issues not properly before this court or for leave to serve and file a supplemental record on appeal, and to enlarge the time to serve and file a reply 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 stated portions of the respondents' brief is granted; on or before December 7, 2004, the respondents shall either delete or remove the following material from the copies of their brief previously filed with this court, or serve and file a new brief which does not contain the following material: the first argument from the argument section of the brief on page i; Point 1 of the brief, from pages 6 though 8 inclusive; page 4 of the brief, the sentence beginning with the words "Plaintiff-appellant did not move" through the words "actually noticed (R., p. 5);" the second line from the bottom of page 9, beginning with the words "[t]he court," through the words "failure to act" on page 10; the portion of the sentence six lines from the bottom of page 10 starting with the words "yet no action" through the words "under CPLR 3215;" five lines from the bottom of page 12 beginning with the words "Again, the plaintiff-appellant" through the words "defendant, when;" the bottom of page 13 beginning with the word "[a]gain" through "(R. p .10);" the middle of page 14, beginning with the words "and did not choose," through the end of page 14; page 15, beginning with "Plaintiff-appellant having offered," through the end of the page; and it is further,

ORDERED that the appellants' time to serve a reply brief is enlarged until December 13, 2004; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18362

S/sl

2004-01138 V.M.V. Management Company, Inc., et al., respondents, v Peerless Insurance, appellant, et al., defendant. (Index No. 15479/02)

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, Kings County, dated November 12, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 20, 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

M18331

E/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-09876 In the Matter of James A. (Anonymous), respondent. (Docket No. S-7551/04)

DECISION & ORDER ON MOTION

Motion by the juvenile, inter alia, for leave to appeal to this court from an order of the Family Court, Westchester County, dated November 9, 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 denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18311

C/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-03329 In the Matter of Steven A. (Anonymous), appellant. (Docket No. D-2695/04)

DECISION & ORDER ON MOTION

Motion by Steven A. on an appeal from a decision of the Family Court, Suffolk County, entered March 9, 2004, in which he has moved for poor person relief and the assignment of counsel. By order to show cause dated October 7, 2004, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the appeal is from a decision, and the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was held in abeyance in the interim.

On the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion for poor person relief and the assignment of counsel is denied as academic.

H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18243

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

HOWARD MILLER, JJ.

1990-09613 In the Matter of Lewis G. P. Ashton, admitted as Lewis George Ashton, a disbarred attorney. (Attorney Registration No. 1035856)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent, Lewis G. P. Ashton, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the practice of law at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 5, 1976, under the name Lewis George Ashton. By decision and order of this court dated April 11, 1983, he was disbarred and his name was stricken from the roll of attorneys and counselors-at-law. He was subsequently found to be in contempt of the disbarment order by decision and order of this court dated August 2, 1984, and was fined $250 and imprisoned for 10 days. By decision and order of this court dated December 13, 1990, his motion to be declared eligible to apply for reinstatement on or after April 11, 1990, was denied, on the ground that his 1986 felony conviction made him ineligible for reinstatement until 1993. By decisions and orders of this court dated October 6, 1993, and January 2, 1997, respectively, the respondent's first and second motions for reinstatement were denied. By subsequent decision and order of this court dated April 25, 1997, the respondent's motion for renewal and reargument of his second application for reinstatement or for leave to appeal to the Court of Appeals was denied. By decision and order of this court dated October 30, 2000, his third application for reinstatement was denied. By decision and order on application of this court dated January 26, 2001, the respondent's application for reargument of the decision and order of this court dated October 30, 2000, denying his third application for reinstatement, or for leave to appeal to the Court of Appeals from the decision and order of this court was denied.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18317

C/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-06572 In the Matter of "Baby Doe." Administration for Children's Services, respondent; Doreen S. (Anonymous), appellant. (Docket Nos. V-08914-04, N-018898-04)

DECISION & ORDER ON MOTION

Appeal by Doreen S. from an order of the Family Court, Kings County, dated June 16, 2004. By order to show cause dated October 5, 2004, 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 a scheduling order dated August 11, 2004, issued pursuant to 22 NYCRR 670.4(a).

On the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated August 1, 2004 (see 22 NYCRR 670.4[a][5]).

H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18241

K/nal

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH

THOMAS A. ADAMS, JJ.

1999-04718 In the Matter of Scott Michael Berger, a suspended attorney. (Attorney Registration No. 2373322)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent, Scott Michael Berger, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated May 29, 2001, the respondent was suspended from the practice of law for a period of one year. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 9, 1991.

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

ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report with respect to the respondent's current fitness to be an attorney.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18239

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

STEPHEN G. CRANE, JJ.

2000-10410 In the Matter of Joseph Cerbone, admitted as Joseph J. Cerbone, a suspended attorney. (Attorney Registration No. 1024272)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent, Joseph Cerbone, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated May 13, 2002, the respondent was suspended from the practice of law for a period of one year. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 15, 1966, under the name Joseph J. Cerbone.

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

ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report with respect to the respondent's current fitness to be an attorney.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18237

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-02589 In the Matter of John A. Crable, admitted as John Allen Crable, an attorney and counselor-at-law. (Attorney Registration No. 1962752)

DECISION & ORDER VOLUNTARY RESIGNATION

John A. Crable has voluntarily submitted an affidavit dated March 22, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Crable was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 31, 1984, under the name John Allen Crable. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Crable presently resides in Michigan, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of John A. Crable, admitted as John Allen Crable, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of John A. Crable, admitted as John Allen Crable, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, John A. Crable, admitted as John Allen Crable, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if John A. Crable, admitted as John Allen Crable, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18233

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-02606 In the Matter of Kandi Ann Davis, an attorney and counselor-at-law. (Attorney Registration No. 2647311)

DECISION & ORDER VOLUNTARY RESIGNATION

Kandi Ann Davis has voluntarily submitted an affidavit dated March 25, 2004, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Davis was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 1, 1995. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Davis presently resides in Pennsylvania, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Kandi Ann Davis, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Kandi Ann Davis is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Kandi Ann Davis is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Kandi Ann Davis has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18228

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-02507 In the Matter of Steven Philip Dolberg, an attorney and counselor-at-law. (Attorney Registration No. 1363977)

DECISION & ORDER VOLUNTARY RESIGNATION

Steven Philip Dolberg has voluntarily submitted an affidavit dated March 22, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Dolberg was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 18, 1970. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Dolberg presently resides in Montana, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Steven Philip Dolberg, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Steven Philip Dolberg is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Steven Philip Dolberg is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Steven Philip Dolberg has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18235

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-02605 In the Matter of Carlton James Eibl, an attorney and counselor-at-law. (Attorney Registration No. 2048734)

DECISION & ORDER VOLUNTARY RESIGNATION

Carlton James Eibl has voluntarily submitted an affidavit dated March 26, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Eibl was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 11, 1986. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Eibl presently resides in California, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Carlton James Eibl, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Carlton James Eibl is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Carlton James Eibl is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Carlton James Eibl has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18010

M/nal

2004-05687 In the Matter of Teneshia F. (Anonymous), a/k/a Teneshia J. (Anonymous), a/k/a Baby Girl F. (Anonymous). Administration for Children's Services, et al., respondents; Criscilla F. (Anonymous), appellant. (Docket No. B-24856/01)

SCHEDULING ORDER

Appeal by Criscilla F. from an order of the Family Court, Kings County, dated May 12, 2004. By decision and order on motion of this court dated November 9, 2004, the following attorney was assigned as counsel on the appeal:

Helene Chowes, Esq.

20 Park Avenue - Apt. 8B

New York, New York 10016

(212) 889-7808

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated November 9, 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

M18354

S/sl

2004-03656 In the Matter of 501 Holding Corp., appellant, v R. Lucas, etc., et al., respondents. (Index No. 9240/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 16, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 27, 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

M18310

CF/

2004-03156 In the Matter of Government Employees Insurance Company, petitioner-respondent, v Andres Pizzaro, et al., respondents, Farmington Casualty Company, appellant. (Index No. 30442/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated October 2, 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 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18230

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-02513 In the Matter of John E. Kaiser, an attorney and counselor-at-law. (Attorney Registration No. 1043546)

DECISION & ORDER VOLUNTARY RESIGNATION

John E. Kaiser has voluntarily submitted an affidavit dated March 24, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Kaiser was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 31, 1954. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Kaiser presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of John E. Kaiser, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of John E. Kaiser is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, John E. Kaiser is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if John E. Kaiser has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18314

M/nal

2004-05637, 2004-05638 In the Matter of Christopher L. (Anonymous). Suffolk County Department of Social Services, et al., respondents; Barbara L. (Anonymous), appellant. (Docket No. N-1951-04)

SCHEDULING ORDER

Appeals by Barbara L. from two orders of the Family Court, Suffolk County, dated May 5, 2004, and June 7, 2004, respectively. 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 10, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18321

C/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-06408 In the Matter of Giselle Altagracia N. (Anonymous), a/k/a Giselle N. (Anonymous). St. Christopher Otillie, respondent; Jose N. (Anonymous), appellant. (Docket No. B-17417/03)

DECISION & ORDER ON MOTION

Appeal by Jose N. from an order of the Family Court, Kings County, dated June 18, 2004. By order to show cause dated October 5, 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 August 2, 2004, issued pursuant to 22 NYCRR 670.4(a).

On the court's own motion, the papers filed in support of the motion, and no papers having been filed in opposition to the order to show cause, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated August 2, 2004 (see 22 NYCRR 670.4[a][5]).

H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18323

CF/

2004-07104 In the Matter of One Beacon Insurance Company, petitioner-respondent, v John Cannizaro, respondent-respondent, National Casualty Company, appellant. (Index No. 8018/04)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M18302

M/nal

2004-00790 In the Matter of Pinches Ostreicher, appellant, v Florence Pollack, respondent. (Docket Nos. V-09791/01, V-0448/02)

SCHEDULING ORDER

Appeal by Pinches Ostreicher from an order of the Family Court, Kings County, dated December 30, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 30, 2004. The respondent's brief was served and filed on September 16, 2004, and the law guardian'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 time to serve and file a reply brief on the appeal is enlarged until December 10, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18334

S/sl

2004-04591 In the Matter of Pall Corp., petitioner-respondent, v Board of Assessors, County of Nassau, et al., respondents-respondents; Port Washington Union Free School District, intervenor-appellant. (Index No. 400350/01)

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, Nassau County, dated April 29, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 19, 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

M18329

R/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-05348 In the Matter of Nicholas E. Purpura, petitioner, v Rachel Adams, etc., respondent. (Index No. 5769/85)

DECISION & ORDER ON MOTION

Motion by the petitioner pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.

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

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

ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).

The allegations of merit contained in the petitioner's affidavit in support of the motion fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).

H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18315

M/nal

2004-06416 In the Matter of Linda Recard, appellant, v Anthony Polite, respondent. (Docket No. V-03869/00)

SCHEDULING ORDER

Appeal by Linda Recard from an order of the Family Court, Kings County, dated July 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 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 21, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18322

M/nal

2004-02839, 2004-02840 In the Matter of Jazmone S. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ashley J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Zalika J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Ethan J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. N-04616-04, N-04617-04 N-04618-04, N-04619-04)

SCHEDULING ORDER

Appeals by Philip J. from two orders of the Family Court, Queens County, both dated March 31, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 9, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M18307

M/nal

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

SCHEDULING ORDER

Appeal by Pearline Sims from an order of the Family Court, Queens County, dated June 28, 2004. By decision and order on motion of this court dated November 9, 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 November 9, 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

M18372

Y/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-05757 In the Matter of Leonard Sutherland, appellant, v Penny Price, respondent. (Docket Nos. V-04161/86, F-12822/87)

DECISION & ORDER ON MOTION

Appeal by Leonard Sutherland from an order of the Family Court, Kings County, dated May 14, 2003. By order to show cause dated October 25, 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 January 12, 2004, issued pursuant to 22 NYCRR 670.4(a).

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 12, 2004 (see 22 NYCRR 670.4[a][5]).

H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18298

M/nal

2003-09323 In the Matter of Dyshea T. (Anonymous). Administration for Children's Services, respondent; Marisol R. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-14652/00 ) In the Matter of Rashawn P. (Anonymous). Administration for Children's Services, respondent; Marisol R. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-07195/01 )

SCHEDULING ORDER

Appeal by Marisol R. from an order of the Family Court, Kings County, dated August 20, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 16, 2004. The respondent and the law guardian received the transcripts in the above-entitled proceeding on or about November 9, 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 a their briefs on the appeal is enlarged until December 24, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18206

F/

NANCY E. SMITH, J.

2004-07698 The People, etc., plaintiff, v Jermaine Archer, defendant. (Ind. No. 2893/98)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 19, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

NANCY E. SMITH

Associate Justice

Appellate Division: Second Judicial Department

M18341

F/

REINALDO E. RIVERA, J.

2004-09192 The People, etc., plaintiff, v Alexander Ivamov, a/k/a Alexander Ivanov, defendant. (Ind. No. 9895/00)

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 Supreme Court, Kings County, dated September 7, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

REINALDO E. RIVERA

Associate Justice

Appellate Division: Second Judicial Department

M18342

F/

NANCY E. SMITH, J.

2004-08169 The People, etc., plaintiff, v John Jackson Jr., defendant. (Ind. No. 99-01288)

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, Westchester County, dated September 1, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

NANCY E. SMITH

Associate Justice

Appellate Division: Second Judicial Department

M18215

S/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-08117, 2004-08050 The People, etc., respondent, v Gaetan Remy, appellant. (Ind. No. 3660/02)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal From Order Denying Motion to Vacate Judgment

Motion by the defendant for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated August 26, 2004, which denied his motion to vacate a judgment of conviction against him, as a poor person, and for the assignment of counsel, and to consolidate the appeal with an appeal from a judgment of the same court, rendered September 8, 2003.

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

ORDERED that the motion is granted; and 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 hearing on the motion, 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 the proceeding 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

JORDERED 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address

03-A-4921

Box 618

Auburn, New York 13024-0618

Appellate Division: Second Judicial Department

M18214

S/sl

STEVEN W. FISHER, J.

2004-08050 The People, etc., respondent, v Gaetan Remy, appellant. (Ind. No. 3660/02)

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, Queens County, dated August 26, 2004, which has been referred to me for determination.

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

ORDERED that the application is granted; the defendant is granted leave to appeal from the order of the Supreme Court, Queens County, dated August 26, 2004, 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.

STEVEN W. FISHER

Associate Justice

Appellate Division: Second Judicial Department

M18205

F/

DAVID S. RITTER, J.

2004-07297 The People, etc., plaintiff, v Carlos Weeks, defendant. (Ind. No. 8501/93)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated May 10, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

DAVID S. RITTER

Associate Justice