Appellate Division: Second Judicial Department

M18374

Y/sl

GLORIA GOLDSTEIN, J.P.

THOMAS A. ADAMS

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-05410 Carl Adams, appellant, v William A. Katara, et al., respondents. (Index No. 2878/02)

DECISION & ORDER ON MOTION

Motion by Jacoby & Meyers, LLP, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Dutchess County, dated June 1, 2004.

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 Jacoby & Meyers, LLP, is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before December 3, 2004, Jacoby & Meyers, LLP, is directed to serve its 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 it of a copy of this decision and order; and it is further,

 ORDERED that the appellant's time to perfect the appeal is extended until January 4, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18395

S/sl

2003-10174 Allen Baker, respondent, v Ellen Marshall, appellant. (Index No. 15519/02)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 31, 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

M18388

R/sl

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2003-04858 Bank One, etc., respondent, v Seretta Cummaro, et al., appellants. (Index No. 294/00)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Orange County, dated March 21, 2003, in effect, for leave to reargue a motion 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 - May 2004 Calendar", dated May 24, 2004, as dismissed an appeal from an order of the Supreme Court, Orange County, dated March 21, 2003, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, which was determined by decision and order of this court dated July 21, 2004, and to stay the eviction pending hearing and determination of the appeal.

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

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

PRUDENTI, P.J., GOLDSTEIN, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18353

CF/

2004-06985 Lisa Bassolino, appellant, v R. Lewis George, et al., respondents. (Index No. 11140/00)

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 June 18, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18336

R/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-09660 Susan Beerman, et al., respondents v Sam R. Morhaim, etc., et al., appellants. (Index No. 3285/04)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to this court from an order of the Supreme Court, Queens County, dated October 14, 2004, and to stay the trial in an action entitled Beerman v Bayside Dental Assoc., pending in the Civil Court, City of New York, Queens County, under Index No. SCQ 3766/04, pending hearing and determination of the appeal.

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

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

ORDERED that the branch of the motion which is to stay the trial in the action entitled Beerman v Bayside Dental Assoc., pending in the Civil Court, City of New York, Queens County, is granted, and the trial is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before December 17, 2004; and it is further,

 ORDERED that in the event the appeal is not perfected on or before December 17, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18350

CF/

2004-07575 Blue View Corporation, appellant, v Thomas A. Patterson, et al., respondents. (Index No. 2724/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 23, 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

M18381

E/sl

ANITA R. FLORIO, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2004-00937 Kathryn M. Boone, respondent, v Joel C. Bender, etc., et al., appellants. (Index No. 6792/03)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered January 20, 2004, which was determined by decision and order of this court dated October 12, 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, with $100 costs.

FLORIO, J.P., GOLDSTEIN, ADAMS, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18404

S/sl

2004-04729, 2004-04730 Monique Brutus, appellant, v Arden Hill Hospital, et al., respondents, et al., defendant. (Index No. 8357/99)

ORDER ON APPLICATION

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

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

M18400

S/sl

2004-08601 Oscar Cardona, et al., appellants, v Ebony Spicer, et al., respondents. (Index No. 48470/03)

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 September 21, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 23, 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

M18366

S/sl

2004-05088 Mary Ann Cestaro, appellant, v Mun Yuen Roger Chin, et al., respondents, et al., defendant. (Index No. 22403/01)

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, Queens County, dated April 19, 2004, and to withdraw the appeal from that order except as to that portion of the order which granted the motion of the defendants Mun Yuen Roger Chin and Sun Wan Tam Chin for summary judgment dismissing the complaint as against them.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 7, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the appeal is marked withdrawn except as to that portion of the order which granted the motion of the defendants Mun Yuen Roger Chin and Sun Wan Tam Chin for summary judgment dismissing the complaint as against them.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18335

S/sl

2004-04311 Michael Conk, respondent, v N&L Taxi Corp., et al., appellants. (Index No. 9024/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered April 6, 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

M18392

S/sl

2004-04815 Patrick Cook, appellant, v Jack Greenbaum, respondent. (Index No. 260/90)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 27, 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

M18390

R/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2004-04377 Corporate Interiors, Inc., appellant, v Emmanuel Pappas, et al., respondents. (Index No. 8570/00)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated April 7, 2004, for leave to reargue a motion for leave to appeal to this court, which was determined by decision and order on motion of this court dated September 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, with $100 costs.

PRUDENTI, P.J., KRAUSMAN, ADAMS and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18369

S/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-09653 Lisa Fleisig, respondent, v Jeffrey Fleisig, appellant. (Index No. 4338/04)

DECISION & ORDER ON MOTION

Appeal by Jeffrey Fleisig from an order of the Supreme Court, Rockland County, dated July 26, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the aggrieved party (see Marino v Marino, 4 AD3d 342).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18384

PL/sl

2004-01220 Makiko Ishida, appellant, v Roman Markowitz, respondent. (Index No. 49455/01)

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 and to enlarge the appellant's time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated October 21, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 1, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED the appellant's reply brief shall be served and filed on or before December 15, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18368

S/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-05078, 2004-09818 Ronald Linder, appellant, v Sanford Dranoff, etc., et al., respondents. (Index No. 12945/00)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Westchester County, dated April 16, 2004, and September 30, 2004, respectively.

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

ORDERED that on the court's own motion, the appeal from the order dated September 30, 2004, is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated April 16, 2004, is granted and the appellant's time to perfect that appeal is enlarged until January 13, 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 the application is otherwise denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18394

S/sl

2004-03192 Ann Power, respondent, v Manhattan and Bronx Surface Transit Operating Authority, et al., appellants. (Index No. 11232/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated March 11, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 24, 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

M18401

S/sl

2004-02739 Geraldien Romano, et al., respondents, v Frances Romano, et al., appellants. (Index No. 2934/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated February 17, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 29, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18385

PL/sl

2004-03535 Steven Rothchild, respondent, v LF Auto Corporation, et al., defendants, Hertz Claim Managment, a/k/a The Hertz Corporation, appellant. (Index No. 31883/01)

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, Kings County, dated March 19, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 24, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18391

S/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-06802 Silvio Santos, et al., respondents, v Intown Associates, et al., appellants. (Index No. 14206/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 27, 2004, in the above-entitled case is amended by deleting from the second decretal paragraph thereof the date "November 1, 2004," and substituting therefor the date "November 17, 2004".

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18393

S/sl

2004-04562 Michelle B. Gross Sardelli, et al., appellants- respondents, v Lynn DeCostanza, etc., et al., respondents-appellants, Syosset Community Hospital, respondent. (Index No. 15288/96)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated June 23, 2003.

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

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until January 14, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' 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]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18383

PL/sl

2004-04626 Michelle Scartozzi, appellant, v Gino Scartozzi, respondent. (Index No. 30107/97)

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, Nassau County, dated April 2, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 13, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18363

S/sl

2004-02035 South Road Associates, LLC, respondent, v International Business Machines Corporation, appellant. (Index No. 174/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated November 25, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 1, 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

M18407

CF/

2004-08696 Charles Staudter, appellant, v Frances Lynn Staudter, respondent. (Index No. 15723/02)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M18351

CF/

2004-04483 Evelyn Tomkins, et al., plaintiffs-respondents, v Rudy Armstrong, defendant-respondent, City of New York, defendant-appellant. (Index No. 27957/00)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18343

Y/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-09669 Patricia Trimboli, appellant, v Jill Irwin, respondent. (Index No. 8068/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enjoin the respondent, her employees, agents, representatives, or any person acting on her behalf, from possessing, removing, destroying, damaging, or in any way altering the subject strip of land pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered September 29, 2004.

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

ORDERED that the branch of the motion which is for an injunction is granted, and pending hearing and determination of the appeal, the respondent, her employees, agents, representatives, or any person acting on her behalf, is enjoined from possessing, removing, destroying, damaging, or in any way altering the subject strip of land on conditions that (1) the appellant perfects the appeal on or before December 22, 2004, and the record or appendix on the appeal and the appellant's brief be served and filed on or before that date, and (2) the appellant posts an undertaking with corporate surety; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 22, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the matter is remitted to the Supreme Court, Nassau County, to hear and report on the amount of the undertaking with corporate surety to be filed by the appellant pursuant to CPLR 6312(b) and the Supreme Court, Nassau County, shall file its report with all convenient speed; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18352

CF/

2004-04763 Janet Venditto, appellant, v Big V Supermarkets, Inc., d/b/a Shoprite, et al., respondents. (Index No. 10998/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 20, 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

M18377

PL/sl

2004-05137 Marion Woszczyna, respondent, v BJW Associates, et al., appellants, et al., defendants. (Index No. 3357/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 13, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 27, 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

M18373

Y/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-03331 In the Matter of Kiara B. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Andrea M. (Anonymous), appellant, et al., respondent. In the Matter of Justin W. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Andrea M. (Anonymous), appellant, et al., respondent. In the Matter of Michael B. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Andrea M. (Anonymous), appellant, et al., respondent. (Docket Nos. B-12816-03, B-12817-03, B-12818-03, B-12824-03, B-12826-03, N-188-02, N-189-02, N 190-02)

DECISION & ORDER ON MOTION

Appeal by Andrea M. from an order of the Family Court, Suffolk County, dated April 1, 2004. By order to show cause dated October 7, 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 decision and order on motion of this court dated August 23, 2004, which directed the applicant to renew a motion for leave to prosecute the appeal as a poor person on or before September 30, 2004.

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 decision and order on motion of this court dated August 23, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18371

S/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-09749 In the Matter of Louis Galanos, respondent, v Suzanne Galanos, appellant. (Docket Nos. V-05192-03, V-05193-03)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Appeal by Suzanne Galanos from an order of the Family Court, Dutchess County, dated October 4, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order appealed from is not appealable as of right and leave to appeal has not been granted (see Family Ct Act § 1112).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18365

S/sl

2004-03274 In the Matter of Alejandro Henriquez, appellant, v John H. Nuttal, etc., respondent. (Index No. 4737/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated January 16, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until January 17, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18396

S/sl

2004-03917, 2004-07769 In the Matter of Joel Jae, et al., appellants, v Board of Education of Pelham Union Free School District, et al., respondents. (Index No. 1044/03)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from an order of the Supreme Court, Westchester County, dated March 31, 2004, and an order and judgment (one paper) of the same court, dated July 28, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 10, 2005, 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

M18387

CF/

2004-08865 In the Matter of New Hampshire Insurance Company, appellant, v Lonzenia Guillot, et al., respondents. (Index No. 20178/04)

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 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

M18356

Y/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-00790 In the Matter of Pinches Ostreicher, appellant, v Florence Pollack, respondent. (Docket No. V-09791/01, V-0448/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 30, 2003.

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

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

ORDERED that the brief deposited with the Clerk of the court on November 8, 2004, is accepted for filing.

ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18349

CF/

2004-08520 In the Matter of Edward Pallan, respondent, v Lisa Papandrea, appellant. (Docket Nos. V-2253-94, V-2222-00, V-2253-94)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M18379

Y/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-08794 In the Matter of Rockaway One Company, LLC, petitioner, v Deborah Wiggins, respondent. (Index No. 1662/02)

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

Motion by Deborah Wiggins for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated March 4, 2004, which modified an order of the Civil Court, City of New York, Queens County, entered March 22, 1999, as amended April 26, 1999.

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

ORDERED that the motion is granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18380

S/sl

2004-01046 In the Matter of Service Bus Co., Inc., appellant, v City School District of Yonkers, et al., respondents. (Index No. 13357/03)

ORDER ON APPLICATION

Application by the respondent City School District of Yonkers pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated December 10, 2003.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until November 24, 2004, and the movant'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

M18375

PL/sl

2004-05406, 2004-05408 In the Matter of Snow Industries, Inc., appellant, v Board of Education of Smithtown Central School District, et al., respondents. (Index No. 25214/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Suffolk County, dated January 5, 2004, and March 24, 2004, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until February 16, 2005, and the record or appendix on the appeals 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

M18378

S/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2004-09226 In the Matter of Joyce Squerciati, petitioner, v Alexander Madison, et al., respondents. (Docket No. V-16321/04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 29, 2004, in the above-entitled matter is amended by deleting from the preamble thereof the word "Rockland", and substituting therefor the word "Queens".

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18399

S/sl

2004-02083 In the Matter of Damon Wheeler, petitioner, v Glenn Goord, respondent. (Index No. 275/04)

ORDER ON APPLICATION

Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated March 8, 2004.

ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged, and the petitioner's brief which was submitted to the Clerk of this court on November 5, 2004, is accepted for filing; and it is further

ORDERED that the respondent shall serve and file his brief on or before December 20, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18386

PL/sl

2004-00595 The People, etc., respondent, v Garry Arthur, appellant. (Ind. No. 373/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 12, 2004.

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

M18367

S/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2002-05245 The People, etc., respondent, v Kenneth Burdge, appellant. (Ind. No. 1820/01)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered May 13, 2002, for leave to reargue a prior motion to be relieved of the assignment to prosecute the appeal, which was determined by decision and order on motion of this court dated May 3, 2004. By decision and order on motion dated October 14, 2004, the motion was held in abeyance, and the appellant was directed to advise this court in writing whether he wished to proceed pro se or have his current assigned counsel perfect the appeal. The appellant has advised this court that he wishes current assigned counsel to perfect the appeal.

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

ORDERED that the motion is denied, and assigned counsel is directed to perfect this appeal on or before January 4, 2005; and it is further,

ORDERED that upon perfection of the appeal the appellant pro se may seek leave of this court to file a supplemental brief, if he be so advised (see 22 NYCRR 670.12[g];[h]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18403

S/sl

2003-09297 The People, etc., respondent, v Laquan Stowe, appellant. (Index No. 2033/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 29, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 22, 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

M16825

S/sl

1999-03941 The People, etc., respondent, v Jecoina Vinson, appellant. (Ind. No. 97-1486)

ORDER ON APPLICATION

Application by the attorney for the appellant on an appeal from a judgment of the County Court, Westchester County, rendered April 6, 1999, for leave to withdraw the brief previously filed on behalf of the appellant and to enlarge the time to file a new brief.

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

ORDERED that the application is granted, the brief previously filed on behalf of the appellant is deemed withdrawn, and the brief which was submitted to the Clerk of this court on November 8, 2004, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18361

J/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2003-06035 The People, etc., respondent, v Brian K. Whitley, appellant. (Ind. No. 1936-02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 15, 2004, in the above-entitled matter is amended by deleting from the sole decretal paragraph thereof the word "respondent," and substituting therefor the word "appellant."

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

ENTER:

James Edward Pelzer

Clerk of the Court