Appellate Division: Second Judicial Department

M32553

R/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2004-10603 Barbara Daddino, appellant, v Frank Daddino, respondent. (Index No. 8907/02)

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, entered November 8, 2004.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until December 20, 2005, 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., S. MILLER, RITTER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32541

L/

2005-05530 Joann Discala, et al., respondents, v Geoffrey Albert Bleau, et al., appellants. (Index No. 386/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Putnam County, dated April 26, 2005.

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ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32521

S/sl

HOWARD MILLER, J.P.

SONDRA MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-01788 Qudsia Faiez, plaintiff-respondent, v Kwang Ya Fan, et al., defendants-respondents, Bucles Beauty Salon Corp., d/b/a Jimmy's Hair Studio, appellant; Furniture Warehouse, Inc., et al., additional-parties on cross claim. (Index No. 1537/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated February 2, 2005.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32534

S/sl

2005-00473 John J. Ferrante, appellant-respondent, v Gregory C. Wold, et al., respondents-appellants. (Appeal No. 1) 2005-01231, 2005-07053 John J. Ferrante, respondent, v Gregory C. Wold, et al., appellants. (Appeal Nos. 2 and 3) (Index No. 45418/99)

ORDER ON APPLICATION

Application by the defendants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Kings County, dated November 18, 2004, and appeals from two orders of the same court dated January 10, 2005, and April 21, 2005, respectively.

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

ORDERED that the defendants time to perfect their respective appeals is enlarged until December 16, 2005, and the joint record or appendix on the appeals (see 22 NYCRR 670.8[c][1]) and the defendants' brief must be served and filed on or before that date; and it is further,

ORDERED that the plaintiff shall serve and file his answering brief, including his points of argument on his appeal from the order dated November 18, 2004, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32545

L/

2005-04348 Ford Motor Credit Company, plaintiff- respondent, v James Mucciolo, appellant, John Gore, et al., defendants-respondents. (Index No. 5172/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 21, 2005.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32546

L/

2005-09263 Ford Motor Credit Company, plaintiff- respondent, v James Mucciolo, appellant, John Gore, et al., defendants-respondents. (Index No. 5172/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 5, 2005.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32540

L/

2005-05881 Gloria Forte, appellant, v Anthony Forte, respondent. (Index No. 7660/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Orange County, dated April 12, 2005.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32538

L/

2005-05292 Elie Arash Golian, et al., respondents, v Habibollah Soumekh, et al., appellants. (Index No. 6165/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 27, 2005.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32549

L/

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-01520 Kadija R. Greco, et al., appellants, v James H. Monroe, respondent. (Index No. 13727-02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 21, 2005.

Upon the stipulation of the attorneys for the respective parties, dated November 16, 2005, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32564

O/sl

ROBERT W. SCHMIDT, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2004-05668, 2005-02529, 2005-07714 Sinclair Haberman, respondent, v City of Long Beach, et al., appellants. (Index No. 2715/00)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from three orders of the Supreme Court, Nassau County, dated April 1, 2004 (Appellate Division Docket No. 2004-05668), January 20, 2005 (Appellate Division Docket No. 2005-02529), and June 27, 2005 (Appellate Division Docket No. 2005-07714), respectively, for leave to reargue that branch of their prior motion which was to calendar the appeals on the same day, which was determined by decision and order on motion of this court dated October 31, 2005.

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, with $100 costs.

SCHMIDT, J.P., MASTRO, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32554

Y/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

STEPHEN G. CRANE, JJ.

2002-09057 Moses Haut, appellant, v New York City Housing Authority, et al., respondents. (Index No. 8435/94)

DECISION & ORDER ON MOTION

Motion by the respondents to clarify a decision and order of this court dated December 8, 2003, which determined an appeal from a judgment of the Supreme Court, Kings County, dated August 6, 2002.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., FLORIO, H. MILLER and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32552

Y/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-00540 Stephen Hutchinson, appellant-respondent, v Clare Rose of Nassau, Inc., et al., respondents- appellants. (Index No. 6228/03)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent and the respondents-appellants to enlarge the time to perfect an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, dated December 29, 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 the appellant-respondent's time to perfect the appeal is enlarged until December 29, 2005, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ADAMS, J.P., S. MILLER, RITTER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32493

S/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-04616 JP Morgan Chase Bank, etc., respondent, v Victoria Dale Whitmore, et al., defendants, Board of Managers of Skytrack Condominiums, appellant. (Index No. 29328/02)

DECISION & ORDER ON MOTION

Appeal by Board of Managers of Skytrack Condominiums from a decision of the Supreme Court, Kings County, dated April 11, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).

COZIER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32544

L/

2005-05809 Frank Loiacono, et al., appellants, v Emilio Susa, et al., respondents. (Index No. 16987/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 4, 2005.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32523

S/sl

2005-02453 Eileen Salmon, appellant, v Four Cousins Corp., respondent. (Index No. 20130/00)

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, Queens County, dated January 19, 2005.

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

M32537

L/

2005-01853 Ronald M. Scheckter, respondent, v Leo Freihofer, Jr., Trust, etc., et al., defendants, Paul Baldovin, appellant (and a third-party action). (Index No. 4802/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated January 26, 2005.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32539

L/

2005-04918 Curtis R. Scheuermann, et al., respondents, v Mike Long, defendant, Mary Ann Gloss, appellant. (Index No. 1217/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated April 13, 2005.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32531

S/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-03971 Shun-Ming Chen, respondent, v Chih-Wei Jen, et al., appellants (and a third-party action). (Index No. 31788/02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated January 11, 2005.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32547

L/

2005-02524 Christima M. Staszcak-Miller, et al., appellants, v Surendra Shah, respondent. (Index No. 17702/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 4, 2005.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32543

L/

2005-03296 Alfred A. Stowe, et al., respondents, v Hudson Telegraph Associates, LLP, et al., appellants (and a third-party action). (Index No. 6820/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 17, 2005.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32532

S/sl

2005-03282 Telemark Construction Management, Inc., et al., plaintiffs/counterclaim-defendants respondents, v Ross School, et al., defendants/ counterclaim-plaintiffs respondents; P.W. Grosser Consulting Engineer and Hydrogeolgist, P.C., et al., counterclaim-defendants appellants, Telemark Millwork, Inc., et al., counterclaim- defendants respondents. (Index No. 25148/00)

ORDER ON APPLICATION

ORDERED that the order on application of this court dated November 7, 2005, in the above-entitled action is recalled and vacated and the following order on application is substituted therefor:

Application by the appellant P.W. Grosser Consulting Engineer and Hydrogeolgist, P.C., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time of all appellants to perfect appeals from an order of the Supreme Court, Suffolk County, dated November 4, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until January 10, 2006, and the joint record or appendix on the appeals and the appellants's respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32533

S/sl

2005-05228 Telemark Construction Management, Inc., et al., plaintiffs/counterclaim-defendants, v Ross School, et al., defendants/counterclaim- plaintiffs respondents, et al., defendant counterclaim-plaintiff; Telemark Millwork, Inc., et al., counterclaim-defendants; Royal Insurance Company of America, counterclaim-defendant appellant. (Index No. 25148/00)

ORDER ON APPLICATION

ORDERED that the order on application of this court dated November 7, 2005, in the above-entitled action is recalled and vacated and the following order on application is substituted therefor:

Application by the respondent P.W. Grosser Consulting Engineer and Hydrogeolgist, P.C., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time of the appellant to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 15, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 10, 2006, 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

M32542

L/

2005-08708 Marilyn Tyler, respondent, v 84 William Street Associates, LLC, et al., appellants, et al., defendants. (Index No. 4640/02)

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 November 12, 2004.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32530

S/sl

2005-02538 Universal Underwriters Acceptance Corp., respondent, v Peerless Insurance Company, appellant, et al., defendants. (Index No. 1140/04)

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 February 14, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 13, 2006, 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

M32447

M/nal

2005-10437 In the Matter of Scott N. Artis, respondent, v Yolanda Y. Artis, appellant. (Docket Nos. V-11337-04, V-11338-04)

SCHEDULING ORDER

Appeal by Yolanda Y. Artis from an order of the Family Court, Suffolk County, dated October 17, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32551

R/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2004-11005, 2004-11006, 2004-11007 In the Matter of Mina Bronstein-Becher, respondent, v Yehudah Becher, appellant. (Docket No. F-9653-02)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Family Court, Kings County, one dated December 7, 2004, and two dated December 16, 2004, to preclude the respondent (a) from serving and filing a brief and (b) from participating in oral argument on the ground that he failed to timely 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 preclude the respondent from serving and filing a brief is granted; and it is further,

ORDERED that the branch of the motion which is to preclude the respondent from participating in oral argument is denied as unnecessary.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32411

M/nal

2005-07514 In the Matter of David Ciardullo, appellant, v Marie Ciardullo, respondent. (Docket No. F-03221-03)

SCHEDULING ORDER

Appeal by David Ciardullo from an order of the Family Court, Suffolk County, dated June 9, 2005. The appellant's brief was filed in the office of the Clerk of this court on November 7, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32548

L/

2005-09519 In the Matter of Clarendon National Insurance Company, petitioner-respondent, v Ivan St. Louis, respondent-respondent, Progressive Insurance Company, appellant. (Index No. 3617/05)

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 September 13, 2005.

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 application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32441

M/nal

2005-10591 In the Matter of Commissioner of Social Services, o/b/o Dana Bolden, respondent, v Gary Bolden, appellant. (Docket No. F-01658-05)

SCHEDULING ORDER

Appeal by Gary Bolden from an order of the Family Court, Orange County, dated September 1, 2005. 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 in the Family Court proceeding to be transcribed for the appeal; or

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32408

M/nal

2005-00418, 2004-00419 In the Matter of Robert D. (Anonymous), appellant. (Docket No. D-8075/04)

SCHEDULING ORDER

Appeals by Robert D. from two orders of the Family Court, Queens County, both dated July 15, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 9, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32406

M/nal

2005-08125, 2005-08126 In the Matter of Tatiana D. (Anonymous), appellant. (Docket No. D-08498/05)

SCHEDULING ORDER

Appeals by Tatiana D. from two orders of the Family Court, Queens County, dated June 23, 2005, and July 29, 2005, respectively. By decision and order on motion of this court dated November 9, 2005, the following attorney was assigned as counsel on the appeals:

Lewis S. Calderon, Esq.

90-50 Parsons Blvd. - Suite 405

Jamaica, New York 11432

(718) 883-1560

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

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated November 9, 2005, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32550

F/

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-07226, 2005-07227 In the Matter of Jayda D.-B. (Anonymous). Administration for Children's Services, respondent; Roger D. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-2482-04) In the Matter of Jeannine B. (Anonymous), o/b/o Jayda D.-B. (Anonymous), et al., respondents, v Roger D. (Anonymous), appellant. (Proceeding No. 2) (Docket No. O-2339-04)

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

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated October 21, 2005, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Rockland County, dated May 10, 2005, and May 16, 2005, respectively, 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 granted; and it is further,

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

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

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

Emily R. Fabrizio, Esq.

7 Elmwood Drive - Suite 1B

New City, New York 10956

(845) 634-2195

and it is further,

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

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

ADAMS, J.P., LUCIANO, MASTRO, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32404

M/nal

2005-07769 In the Matter of James Gleeson, appellant, v Isabel D. Restrepo, respondent. (Docket No. V-1041-99)

SCHEDULING ORDER

Appeal by James Gleeson from an order of the Family Court, Suffolk County, dated July 15, 2005. By decision and order on motion of this court dated November 9, 2005, the following attorney was assigned as counsel on the appeal:

Richard L. Herzfeld, Esq.

555 Fifth Avenue - 14th Floor

New York, New York 10017

(212) 986-5316

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 transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated November 9, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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

M32437

M/nal

2005-10445 In the Matter of Jessica L. Jarrett, respondent, v Adam Mosslih, appellant. (Docket No. F-00434-01)

SCHEDULING ORDER

Appeal by Adam Mosslih from an order of the Family Court, Queens County, dated October 11, 2005. 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

M32445

M/nal

2005-10438 In the Matter of Fantaysia L. (Anonymous). Administration for Children's Services, petitioner-respondent; Marguerite S. (Anonymous), appellant, et al., respondents. (Docket No. N- 11936-03)

SCHEDULING ORDER

Appeal by Marguerite S. from an order of the Family Court, Kings County, dated October 7, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32494

M/nal

2005-08749 In the Matter of Gabrielle M. (Anonymous), appellant. (Docket No. E-32325-04)

SCHEDULING ORDER

Appeal by Gabrielle M. from an order of the Family Court, Kings County, dated August 1, 2005. By decision and order on motion of this court dated November 10, 2005, the following attorney was assigned as law guardian on the appeal:

Richard Herzfeld, Esq.

555 Fifth Avenue - 14th Floor

New York, New York 10017

(212) 986-5316

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 law guardian of the transcripts of the minutes of the proceedings in the Family Court, and the law guardian 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 law guardian 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 transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated November 10, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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

M32503

M/nal

2005-06014 In the Matter of Anisha McG. (Anonymous), appellant. (Docket No. D-32343-04)

SCHEDULING ORDER

Appeal by Anisha McG. from an order of the Family Court, Kings County, dated May 12, 2005. The appellant's brief was filed in the office of the Clerk of this court on November 10, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32556

R/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-02548 In the Matter of Margaret A. McKeown, deceased. Kevin McKeown, petitioner-appellant; Mary McKeown Virga, petitioner-respondent; Thomas McKeown, respondent-respondent, et al., respondents. (File No. 2239/03)

DECISION & ORDER ON MOTION

Motion by the petitioner-appellant pro se, inter alia, to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Westchester County, dated April 30, 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 branch of the motion which is to enlarge the time to perfect the appeal is granted, and the petitioner-appellant's time to perfect the appeal is enlarged until December 19, 2005, and the record or appendix on the appeal and the petitioner-appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ADAMS, J.P., S. MILLER, RITTER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32416

M/nal

2005-04416 In the Matter of Ifeiye O. (Anonymous). Administration for Children's Services, respondent; Elizabeth O. (Anonymous), appellant. (Docket No. N-14459-01)

SCHEDULING ORDER

Appeal by Elizabeth O. from an order of the Family Court, Queens County, dated April 8, 2005. By decision and order on motion of this court dated November 4, 2005, the following attorney was assigned as counsel on the appeal:

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

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 transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated November 4, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M32507

S/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-10586 In the Matter of Dayawathie Rankoth, respondent, v Samuel Sloan, appellant. (Docket No. O-18182-05)

DECISION & ORDER ON MOTION

Appeal by Samuel Sloan from an order of the Family Court, Queens County, dated October 6, 2005.

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

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

ADAMS, J.P., S. MILLER, RITTER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32306

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-05829 In the Matter of John H. Rouson, deceased. Randi Pincus Aliotta, petitioner-respondent; Tania Eicoff, claimant-respondent; Jessamy Rouson, appellant, et al., intervenor. (File No. 916/04)

DECISION & ORDER ON MOTION

Motion by Sean F. O'Shea, Esq., to withdraw as counsel for the appellant on an appeal from an order of the Surrogate's Court, Queens County, dated June 16, 2004, and to place the papers submitted in connection with the motion under seal. Cross application by the appellant to direct Sean F. O'Shea, Esq., to turn over the case file to her and to place the papers submitted in connection with this motion under seal.

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

ORDERED that the branch of the motion which is to withdraw as counsel is granted, and Sean F. O'Shea, Esq., is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before November 30, 2005, Sean F. O'Shea, Esq., is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that no further proceedings shall be taken against the appellant, without leave of the court, until the expiration of 30 days after service upon her of a copy of this decision and order; and it is further,

ORDERED that on or before December 30, 2005, the appellant shall notify this court in writing that (1) she has either retained a new attorney to represent her on the appeal or she will proceed pro se, and (2) she or her new attorney either adopts the record and brief, and reply brief on file with this court, or that she wishes to withdraw the record and briefs on file with this court and requires an extension of time to serve and file a replacement record and brief; and it is further,

ORDERED that the branch of the motion and the branch of the cross application which are to place the papers submitted in connection with the motion under seal is denied; and it is further,

ORDERED that the branch of the cross application which is to direct Sean F. O'Shea, Esq., to turn over the case file to the appellant is denied without prejudice to seeking relief in the Surrogate's Court, Queens County.

H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32402

M/nal

2005-09134 In the Matter of Amia S. (Anonymous). Westchester County Department of Social Services, respondent; Uniqua S. (Anonymous), appellant. (Docket No. N-15057-03)

SCHEDULING ORDER

Appeal by Uniqua S. from an order of the Family Court, Westchester County, dated August 29, 2005. By decision and order on motion of this court dated November 9, 2005, the following attorney was assigned as counsel on the appeal:

William E. Penny, Esq.

10 Forest Lane

Scarsdale, New York 10583

(914) 472-5664

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 transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated November 9, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M32436

M/nal

2005-10435 In the Matter of Jason S. (Anonymous). Administration for Children's Services petitioner-respondent; Jennifer S. (Anonymous), appellant, et al., respondent. (Docket No. N-19509-04)

SCHEDULING ORDER

Appeal by Jennifer S. from an order of the Family Court, Kings County, dated October 17 , 2005. 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

M32438

M/nal

2005-10439 In the Matter of Thomas Sannuto, appellant, v Jeanette Palma-Sannuto, respondent. (Docket No. F-686-96)

SCHEDULING ORDER

Appeal by Thomas Sannuto from an order of the Family Court, Suffolk County, dated October 5, 2005. 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 in the Family Court proceeding to be transcribed for the appeal; or

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32486

M/nal

2005-07625 In the Matter of Amanda Sherman, appellant, v Eleanor Hughes, respondent. (Proceeding No. 1) In the Matter of Amanda Sherman, o/b/o Tyrell Sherman, petitioner-appellant, v Eleanor Hughes, respondent; Rhonda R. Weir, nonparty-appellant. (Proceeding No. 2) (Docket Nos. V-11702/01, V-11704/01)

SCHEDULING ORDER

Separate appeals by Amanda Sherman and the law guardian from an order of the Family Court, Kings County, dated July 21, 2005. By decision and order on motion of this court dated November 1, 2005, the motion of the nonparty-appellant law guardian to be relieved was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the law guardian's appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the law guardian 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 law guardian shall file in the office of the Clerk of this court one of the following:

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

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

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

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the law guardian's 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

M32446

M/nal

2005-10444 In the Matter of Raizy Silverman, appellant, v Lazer Wagschal, et al., respondents. (Docket Nos. G-00045-00, G-00046-00)

SCHEDULING ORDER

Appeal by Raizy Silverman from an order of the Family Court, Rockland County, dated October 20, 2005. 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 in the Family Court proceeding to be transcribed for the appeal; or

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32508

S/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-10587 In the Matter of Samuel Sloan, appellant, v Dayawathie Rankoth, respondent. (Docket No. V-11657-05)

DECISION & ORDER ON MOTION

Appeal by Samuel Sloan from an order of the Family Court, Queens County, dated October 6, 2005.

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

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

ADAMS, J.P., S. MILLER, RITTER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32435

M/nal

2005-10436 In the Matter of Marlain V. (Anonymous). Administration for Children's Services, respondent; Swylita V. (Anonymous), appellant. (Proceeding No. 1) In the Matter of JulianV. (Anonymous). Administration for Children's Services, respondent; Swylita V. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Sunshine V. (Anonymous). Administration for Children's Services, respondent; Swylita V. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-20315/04, N-20316/04, N-20316/04)

SCHEDULING ORDER

Appeal by Swylita V. from an order of the Family Court, Kings County, dated October 7, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

(1) an affidavit or affirmation stating that there are no minutes 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

M31926

R/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-08848 The People, etc., respondent, v Brentnol Britton, defendant. (Ind. No. 2825/03)

DECISION & ORDER ON MOTION Poor Person Relief & Assignment of Counsel - Appeal from Judgment

Motion by the defendant on an appeal from a judgment of the Supreme Court, Queens County, rendered October 5, 2004, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and, in effect, to hold the appeal in abeyance pending determination of his motion pursuant to CPL 440 pending in the Supreme Court, Queens County.

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

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are granted; and it is further,

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

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

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

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

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

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

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

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

Michael J. Conley, Esq.

42-40 Bell Blvd, Suite 302

Bayside, New York 11361

and it is further,

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

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

ORDERED that the branch of the motion which is, in effect, to hold the appeal in abeyance pending determination of his motion pursuant to CPL 440 pending in the Supreme Court, Queens County, is denied; and it is further,

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

H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04-A-5486

Downstate Correctional Facility

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M32535

A/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-02376 The People, etc., respondent, v Omnipotent Unique Drayton, appellant. (Ind. No. 125/03)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Dutchess County, rendered February 25, 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 denied.

COZIER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04-A-1506

Clinton Correctional Facility

Box 2001

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M32560

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2002-11313 The People, etc., respondent, DECISION & ORDER v Alfredo Gonzalez, appellant. Court's Motion to R (Ind. No. 02-00384)

ON MOTION elieve Counsel And to Assign New Counsel

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Orange County, rendered December 5, 2002, was granted on November 29, 2004. The following named attorney was assigned to prosecute the appeal:

Ethel P. Ross, Esq.

P.O. Box 347

787 Route 35

Cross River, New York 10518

On the court's own motion, it is

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

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

Warren S. Hecht, Esq.

118-21 Queens Blvd.

Forest Hills, New York 11375

and it is further,

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

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32517

S/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2003-04114, 2005-10677 The People, etc., respondent, v Stanley Griffin, appellant. (Ind. Nos. 02-00244, 02-00935)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion of this court dated October 9, 2003, on an appeal from a judgment of the County Court, Orange County, rendered April 24, 2003, under Indictment No. 02-00244, which granted the appellant's motion for poor person relief and the assignment of counsel is amended to reflect that the appellant also appeals from a judgment of the same court, rendered April 24, 2003, under Indictment No. 02-00935; and it is further,

ORDERED that on or before December 16, 2005, appellant's assigned counsel shall notify this court in writing whether he wishes to file a supplemental brief on the appeal or that the brief already filed with this court will be treated as the brief under both indictment numbers.

PRUDENTI, P.J., FLORIO, H. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M31772

A/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

DANIEL F. LUCIANO, JJ.

2003-01949 The People, etc., respondent, v Junior Lewis, appellant. (Ind. No. 6312/98)

DECISION & ORDER ON MOTION

Appeal by Junior Lewis from a judgment of the Supreme Court, Kings County, rendered January 27, 2003. By order to show cause dated August 24, 2005, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]). Renewed motion by the appellant pro se 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, and no papers having been filed in response to the order to show cause, it is

ORDERED that the order to show cause to dismiss the appeal is denied; and it is further,

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 pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

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

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

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

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

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

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

Mark Clark, Esq.

244 5th Avenue

N 271

New York, New York 10001

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her 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.

H. MILLER, J.P., KRAUSMAN, RIVERA and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03-R-0668

Gouverneur Correctional Facility

Box 370

Gouverneur, New York 13642

Appellate Division: Second Judicial Department

M32536

R/sl

BARRY A. COZIER, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2004-09341 The People, etc., respondent, v Joshua B. Ward, appellant. (Ind. No. 150-01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from an amended judgment of the County Court, Orange County, rendered October 14, 2004, for the assignment of new counsel, or, in the alternative, for leave to serve and file a supplemental pro se brief.

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

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

ORDERED that the branch of the motion which is for leave to serve and file a supplemental pro se brief is granted; and it is further,

 ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before January 3, 2006.

COZIER, J.P., LUCIANO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04-A-5583

Collins Correctional Facility

Box 340

Collins, NY 14034