Appellate Division: Second Judicial Department

M18434

O/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

BARRY A. COZIER, JJ.

2003-05853, 2003-05854 Guillermo Acosta, et al., appellants, v Petros Hadjigavriel, et al., respondents. (Index No. 4540/02)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, to enlarge the time to comply with a decision and order of this court dated April 26, 2004, and directed them to file a note of issue within 30 days of the date of the decision and order dated April 26, 2004, which determined appeals from two orders of the Supreme Court, Kings County, both dated June 10, 2003.

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

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

ORDERED that the appellants time to comply with the decision and order dated April 26, 2004 is enlarged until November 29, 2004; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18476

CF/

2004-06779 Cindy Aloi, respondent, v Carl D. Simoni, appellant. (Index No. 7942/03)

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 July 9, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M18423

CF/

2004-07581 Armelle Balan, respondent, v New York City Transit Authority, appellant. (Index No. 2343/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 5, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M18440

O/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-04427 Blinds to Go, Inc., appellant-respondent, v Times Development Plaza, L.P., respondent- appellant. (Index No. 41932/03)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated April 2, 2004, to dismiss the appeal on the ground, in effect, that it has been rendered academic.

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

ORDERED that the motion is denied without prejudice to raising the issue in the respondent-appellant's brief.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18481

CF/

2004-04978 Frank Briguglio, appellant, v Big Dog Contracting Corporation, respondent. (Index No. 9016/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Queens County, entered May 13, 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

M18497

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-02478 CDJ Construction Corp., appellant, v Staten Island University Hospital, respondent, et al., defendants. (Index No. 49411/00)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 11, 2004.

Upon the stipulation of the attorneys for the respective parties, dated November 10, 2004, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18452

CF/

2004-06454 Rodrigo Calle, appellant-respondent, v Robert R. Champeau, defendants-respondents, JJJ Concrete Corporation, respondent-appellant (and a third-party action). (Index No. 21376/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Queens County, dated June 7, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18498

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-03316 John Colombi, et al., respondents, v Delta Funding Corporation, et al., appellants, H.R.C. Holdings Corp., et al., defendants. (Index No. 26944/00)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 18, 2004.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18438

O/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-01798, 2004-01799, 2004-01800 Maureen Cooper, appellant, v Chris Cooper, respondent. (Index No. 05284/03)

ORDER ON APPLICATION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated February 27, 2004, on the ground that the record is incomplete.

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

ORDERED that on the court's own motion, the record on appeal is deemed to be an appendix, and the appellant is directed to subpoena the original papers from the clerk of the Supreme Court, Suffolk County (22 NYCRR 670.9[b][1]); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is granted to the extent that on or before December 20, 2004, the appellant shall serve and file a supplemental appendix containing an affidavit of the respondent and the affirmation of Arnold Firestone in opposition to the cross motion, and the affidavit of the appellant and the affirmation of Philip Castrovinci in reply to the opposition, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until January 20, 2005, and the respondent's brief shall be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18425

CF/

2004-05056 Laura DeWitt, et al., appellants, v Jean Fortilus, et al., respondents. (Index No. 5945/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 6, 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

M18420

CF/

2004-07613 Minelli Depena, et al., appellants, v Kew Gardens Hills Associates, et al., respondents. (Index No. 30051/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 28, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18496

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-05695 William J. Dittmer, etc., et al., respondents, v Scott T. Terzian, defendant, Ford Motor Credit Company, appellant. (Index No. 7370/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Rockland County, dated June 8, 2004.

Upon the stipulation of the attorneys for the respective parties, dated November 1, 2004, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18426

CF/

2004-05257 Jimmy Floyd, respondent, v Losco Group, Inc., appellant. (Index No. 182/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an interlocutory judgment of the Supreme Court, Dutchess County, dated May 19, 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

M18421

CF/

2004-06389 Norma B. Journey, et al., respondents, v Valley Hospital, et al., appellants. (Index No. 4840/02)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M18494

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-09848 Carl Kelly, plaintiff-respondent, v Grand Street Realty, LLC, defendant third- party plaintiff-appellant; New World Developers, Inc., third-party defendant-respondent. (Index No. 31233/01)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 1, 2003.

Upon the stipulation of the attorneys for the respective parties, dated October 19, 2004, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18477

O/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-05487 Pessie Krakinowski, appellant, v New York City Transit Authority, respondent. (Index No. 2084/99)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated May 18, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18441

R/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-07047 Karen Kuchinski, plaintiff, v Charge & Ride, Inc., et al., defendants (and related third-party and second third-party actions). (Action No. 1) (Index No. 42556/97) Louis DeCicco, et al., appellants, v Tri-Borough Bridge and Tunnel Authority, et al., respondents. (Action No. 2) (Index No. 1156/99)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay the joint trial in the above-entitled actions, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 17, 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.

H. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18455

CF/

2004-09946 Moderno Furniture Imports, Inc., et al., appellants, v 331 Kings Highway, LLC, respondent. (Index No. 16527/04)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated September 9, 2004.

Upon the stipulation of the parties, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18419

CF/

2004-05204 Nicholas Pacheco, respondent, v George Stoll Construction, Inc., appellant. (Index No. 7715/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated April 30, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18422

CF/

2004-05198 Julia Patino, respondent, v Diego Patino, appellant. (Index No. 699/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Putnam County, dated May 4, 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

M18424

CF/

2004-06922 Marie Plumeri, et al., respondents, v Kingsboro Medical Group, P.C., et al., appellants. (Index No. 45226/96)

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 July 13, 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

M18450

CF/

2004-05457 James Powers, respondent, v Mohammed Abbisi, et al., appellants. (Index No. 6120/02)

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 May 12, 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

M18428

CF/

2004-05454 Sabe Abdul Rahman, respondent, v James Tullo, appellant. (Index No. 20091/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated May 3, 2004.

Upon the stipulation of the parties, dated November 3, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18499

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-03513 Herzel Shaoulian, appellant, v Studio Flash, Inc., et al., respondents. (Index No. 7721/00)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 17, 2004.

Upon the stipulation of the attorneys for the respective parties, dated November 3, 2004, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18435

O/sl

SONDRA MILLER, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-08637 Erik Siler, et al., respondents, v Lutheran Social Services of Metropolitan New York, appellant. (Index No. 6632/00)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated April 25, 2003, which was determined by decision and order of this court dated September 13, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

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

S. MILLER, J.P., ADAMS, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18474

Y/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-01000, 2004-06063 Barry Steinberg, et al., respondents, v Judy Linzer, appellant. (Index No. 27860/01

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss appeals from an order of the Supreme Court, Suffolk County, dated December 18, 2003, and a judgment of the same court, entered February 2, 2004, for failure to timely perfect the same. Cross motion by the appellant, inter alia, to enlarge time to perfect those appeals.

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

ORDERED that the cross motion is granted to the extent that the appellant's time to perfect the appeals is enlarged until December 20, 2004, and the record 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 will be granted; and it is further,

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

ORDERED that the motion by the respondents to dismiss the appeals is denied.

S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18475

CF/

2004-04599 Nicholas Stropoli, et al., appellants, v Louis Cangiano, et al., respondents. (Index No. 11661/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Richmond County, dated March 29, 2004.

Upon the stipulation of the parties, dated November 9, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18433

O/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-03449 Mieczyslow Szulc, respondent, v Michael Bateman, et al., appellants. (Index No. 8459/02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Orange County, dated March 12, 2004, to strike stated portions of the appellants' record on the ground that it contains matter dehors the record, and to strike stated portions of the appellants' brief on the ground that it does not comply with 22 NYCRR 670.10.3(g).

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

ORDERED that the motion is granted to the extent that page 29 of the record is stricken and on or before December 3, 2004, the appellants shall remove page 29 from the copies of the record on appeal on file with this court; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18502

R/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-10730 Viktor Tchjevskaia, respondent, v Yaakov Chase, et al., appellants. (Index No. 24682/00)

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, Kings County, dated October 30, 2003.

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

ORDERED that the motion is denied.

S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18437

O/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-05576 Wells Fargo Home Mortgage, f/n/a Norwest Mortgages Inc., etc., respondent, v Lesly Francois, defendant, Marie B. Lambert, appellant. (Index No. 3778/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated March 17, 2004, for leave to reargue a motion for a stay, which was determined by decision and order on motion of this court dated September 1, 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., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18447

M/nal

2004-03256 In the Matter of Jamel A. (Anonymous), appellant. (Docket No. D-1236/03)

SCHEDULING ORDER

Appeal by Jamel A. from an order of the Family Court, Richmond County, dated February 26, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 10, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18454

M/nal

2004-00272 In the Matter of Michael Anderson, respondent, v Idrissa Sparks, appellant. (Docket No. V-8864/03)

SCHEDULING ORDER

Appeal by Idrissa Sparks from an order of the Family Court, Westchester County, dated December 2, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 15, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M18405

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-07414 In the Matter of Maritza Ayuso, appellant- respondent, v Mark Arduino, respondent-appellant. (Docket No. V-323-00, V-324-00)

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

Motion by the appellant-respondent pro se for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated July 27, 2004, as a poor person, and for the assignment of counsel.

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 appeal 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 appeal, 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 appeal:

Anne R. Mueller, Esq.

222 Mamaroneck Avenue - Suite 104

Whie Plains, New York 10605

(914) 949-0777

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal 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 appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18348

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-08102, 2004-08104 In the Matter of Joshua B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Steven H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Shanice H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 3) In the Matter of James B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Scott H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Malik H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-3905-04, 3906-04, N-3907-04, N-3908-04, N-3909-04, N-3910-04)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in proceedings before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Queens County, both dated August 25, 2004, and for leave to the appellant to prosecute the appeals as a poor person.

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

ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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 Court Act § 1116); and it is further,

ORDERED that the stenographers(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 minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and 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:

Lewis S. Calderon, Esq.

90-50 Parsons Blvd. - #405

Jamaica, New York 11432

(718) 883-1560

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18427

CF/

2004-08684 In the Matter of John T. Colucci, respondent, v Sharon Giles, etc., appellant. (Docket No. V-01145-96)

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 September 6, 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

M18449

M/nal

2004-07474, 2004-07475 In the Matter of Teresa Ann D'Avanzo, appellant, v John Papa, respondent. (Docket No. F-1226/02)

SCHEDULING ORDER

Appeals by Teresa Ann D'Avanzo from two orders of the Family Court, Richmond County, dated January 8, 2004, and June 22, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on November 15, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 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

M18456

M/nal

2004-02124 In the Matter of Nikson D. (Anonymous), appellant. (Docket No. D-22864/03)

SCHEDULING ORDER

Appeal by Nikson D. from an order of the Family Court, Kings County, dated March 4, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 15, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M18345

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-07812 In the Matter of Helena Estes, respondent, v Lawrence Glenn, appellant. (Docket No. F-21535-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Queens County, dated August 13, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18457

M/nal

2004-03321 In the Matter of Anthony G. (Anonymous), Jr. Administration for Children's Services, et al., petitioners-respondents; Luz S. (Anonymous), appellant, et al., respondent. (Docket No. B-1880/02)

SCHEDULING ORDER

Appeal by Luz S. from an order of the Family Court, Kings County, dated March 26, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until November 29, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18417

M/nal

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2003-04018 In the Matter of Claire Gargiulo, respondent, v Michael Gargiulo, appellant. (Docket Nos. F-2817-99, O-6640-02)

DECISION & ORDER ON MOTION

Appeal by Michael Gargiulo from an order of the Family Court, Nassau County, dated March 20, 2003. The transcripts were received by the appellant on July 14, 2004, and pursuant to the scheduling order of this court dated October 9, 2003, the appeal in the above-entitled proceeding was to be perfected within 60 days of the date of receipt of the transcripts. By order to show cause dated September 30, 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 the scheduling order dated October 9, 2003, issued pursuant to 22 NYCRR 670.4(a)(5).

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

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

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 28, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18445

M/nal

2004-08586 In the Matter of Rachel Kaplan, appellant, v David Elmekies, respondent. (Docket No. F-07062/00)

ORDER TO SHOW CAUSE

Appeal by Rachel Kaplan from an order of the Family Court, Kings County, dated August 25, 2004. By scheduling order dated October 12, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 12, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 5, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18398

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-08765 In the Matter of Ayana Jean L. (Anonymous). Administration for Children's Services, respondent; Philip Jean L. (Anonymous), appellant. (Docket No. N-11110-02)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Queens County, dated August 5, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal 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 appeal, 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 appeal:

Richard Cardinale, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal 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 appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18448

M/nal

2004-03255 In the Matter of Ruby Morgan, appellant, v Moses King, respondent. (Docket No. U-18391/98)

SCHEDULING ORDER

Appeal by Ruby Morgan from an order of the Family Court, Kings County, dated March 4, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 16, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 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

M18453

M/nal

2004-01616, 2004-01619 In the Matter of Distiny Angelina N. (Anonymous). Administration for Children's Services, petitioner-respondent; Luis N. (Anonymous), appellant, et al., respondent. In the Matter of Tabettha Wanda N. (Anonymous). Administration for Children's Services, petitioner-respondent; Luis N. (Anonymous), appellant, et al., respondent (Docket Nos. B-10330/01, B-10331/01)

SCHEDULING ORDER

Appeals by Luis N. from two orders of the Family Court, Kings County, both dated January 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 16, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M18458

M/nal

2004-02595, 2004-02618 In the Matter of John N. (Anonymous), Jr. Administration for Children's Services, respondent; John N. (Anonymous), Sr., et al., appellants. In the Matter of Rahjeen N. (Anonymous). Administration for Children's Services, respondent; John N. (Anonymous), Sr., et al., appellants. In the Matter of Angel N. (Anonymous). Administration for Children's Services, respondent; John N. (Anonymous), Sr., et al., appellants. (Docket Nos. N-25040/02, N-25041/02, N-25042/02)

SCHEDULING ORDER

Appeals by John N. And Monique D. from two orders of the Family Court, Kings County, both dated March 5, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellants' time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing their respective appellant's briefs on the appeals is enlarged until December 14, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18402

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-08898 In the Matter of Kristen Nilsen, respondent, v Robert Slowey, appellant. (Docket No. O-14910-04)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated September 8, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal 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 appeal, 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 appeal:

James D. Reddy, P.C.

873 South 7th Street

Lindenhurst, New York 11757

(631) 225-2846

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal 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 appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18442

M/nal

2004-03324 In the Matter of Thomas O'Connor, appellant- respondent, v Lisa Dyer, respondent-appellant. (Docket Nos. V-473-03, V-474-03)

SCHEDULING ORDER

Appeal and cross appeal from an order of the Family Court, Dutchess County, dated March 12, 2004. The appellant-respondent's brief was filed in the office of the Clerk of this court on September 27, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until December 10, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18451

M/nal

2004-00441 In the Matter of Michael William O. (Anonymous), a/k/a Michael O. (Anonymous). St. Christopher Ottilie, respondent; Denise T. (Anonymous), appellant. (Docket No. B-14152/98)

SCHEDULING ORDER

Appeal by Denise T. from an order of the Family Court, Queens County, dated November 21, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 24, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until December 22, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18347

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-07695 In the Matter of Crystallyn P. (Anonymous). Dutchess County Department of Social Services, respondent; Crystallyn P. (Anonymous), appellant. (Docket No. N-591-03, NN-591-04)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Dutchess County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Dutchess County, dated July 30, 2004, and for leave to the appellant to prosecute the appeal as a poor person.

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 the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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 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 Court Act § 1116); and it is further,

ORDERED that the stenographers(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 minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and 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 appeal, 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 appeal:

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 227-0206

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal 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 appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18406

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT F. LIFSON, JJ.

2004-08057 In the Matter of Gregory Partanio, appellant, v Theresa Partanio, respondent. (Docket No. F-10860-03)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Nassau County, in effect, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Nassau County, dated August 24, 2004, and for leave to the appellant to prosecute the appeal as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before December 6, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before December 20, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief, including information regarding his monthly expenses and all assets and resources.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18431

O/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-09974, 2004-07473 In the Matter of Jeffrey Pollock, respondent, v Janice Vega, appellant. (Docket Nos. V-2972/99, V-1111/99)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to recall and vacate a decision and order on motion of this court dated April 1, 2004, dismissing an appeal from an order of the Family Court, Queens County, dated October 24, 2003, for failure to comply with a scheduling order dated January 5, 2004, to reinstate that appeal, to enlarge the time to perfect that appeal, and to consolidate that appeal with an appeal from an order of the same court August 19, 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.

ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18397

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-08982, 2004-08983 In the Matter of Malika Lenasia R. (Anonymous). Lakeside Family & Children's Services, et al., respondents; Latrece R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Shatima Letrece R. (Anonymous). Lakeside Family & Children's Services, et al., respondents; Latrece R. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-16693-01, B-16694-01)

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

Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Queens County, both dated August 26, 2004, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the 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:

Albino Testani, Esq.

90-50 Parsons Blvd. - Suite 401

Jamaica, New York 11432

(718) 725-1400

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18429

CF/

2004-02453 In the Matter of Maria Rizzuto, respondent- appellant, v Michael Landen, appellant- respondent. (Docket No. F-406-02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal and cross appeal from an order of the Supreme Court, Family County, dated February 23, 2004.

Upon the stipulation of the parties, dated November 9, 2004, it is

ORDERED that the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18346

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-07876 In the Matter of Zoila Santos, appellant, v Nelson Yecora, respondent. (Docket No. F-12896-03)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Queens County, dated August 4, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18355

S/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-09494 In the Matter of Steven Sternberg, o/b/o Johnnie McDonald, petitioner, v Gloria D'Amico, et al., respondents.

DECISION & ORDER ON MOTION

Application by Steven Sternberg, o/b/o Johnnie McDonald for an order pursuant to Judiciary Law § 509 directing the Commissioner of Jurors of Queens County to furnish him with the names and addresses of jurors for the case of People v Johnnie McDonald, under Indictment No. 1638/03, which was tried in the Supreme Court, Queens County, before Justice Arthur Cooperman in June 2004.

Upon the papers filed in support of the application, it is

ORDERED that the application is granted to the extent that the Commissioner of Jurors is directed to furnish Justice Arthur Cooperman with the names and addresses requested, and the application is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18376

S/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-08980, 2004-08981 In the Matter of Justina Timosa, appellant, v William Chase, Jr., respondent. (Docket No. V-11850-02)

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

Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Queens County, both dated September 8, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED that on the court's own motion the appeal from the order dated September 8, 2004 (Appellate Division Docket No. 2004-08981), which awarded visitation to the appellant, is dismissed, without costs or disbursements, as the appellant is not aggrieved by an order entered on her consent (see, CPLR 5511); and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the remaining appeal as a poor person and for the assignment of counsel 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 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 minutes 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 appeal, 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 appeal:

Larry Bachner, Esq.

90-50 Parsons Boulevard, Suite 401

Jamaica, New York 11432

(917-378-0176)

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal 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 the motion is otherwise denied as academic; 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18443

M/nal

2004-04858 In the Matter of Jabari W. (Anonymous), appellant. (Docket No. D-20202/03)

SCHEDULING ORDER

Appeal by Jabari W. from an order of the Family Court, Queens County, dated January 28, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until January 7, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18459

M/nal

2004-04450 In the Matter of Rosalie Westenberger, respondent, v Kurt Westenberger, appellant. (Docket No. F-2837-01)

SCHEDULING ORDER

Appeal by Kurt Westenberger from an order of the Family Court, Nassau County, dated April 14, 2004. By decision and order on motion of this court dated November 16, 2004, the following attorney was assigned as counsel on the appeal:

Amy Colvin, Esq.

P.O. Box 2091

Halesite, New York 11743

(516) 424-8495

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated November 16, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.

Appellate Division: Second Judicial Department

M18446

M/nal

2004-08262 In the Matter of Thomas C. Zindle, respondent, v Dorothy Hernandez, appellant. (Docket No. V-10491/00)

ORDER TO SHOW CAUSE

Appeal by Dorothy Hernandez from an order of the Family Court, Queens County, dated August 17, 2004. By scheduling order dated October 12, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 12, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 5, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18413

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-08666 The People, etc., respondent, v Corey E. Francis, appellant. (Ind. No. 109/03)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered September 22, 2004, 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 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 and 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 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:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

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 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 4094

Ulster Corr. Fac.

Berme Road

P.O. Box 800

Napanoch, New York 12458-0800

Appellate Division: Second Judicial Department

M18415

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-09066 The People, etc., respondent, v Jamie Jacobs, appellant. (Ind. No. 03-00876)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered October 6, 2004, 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 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 and 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 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:

Robert Tendy, Esq.

2063 Van Cortlandt Circle

Yorktown Heights, New York 10598

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 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5447

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M18408

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-01948 The People, etc., respondent, v Andrew James, appellant. (Ind. No. 2311/01)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

Motion by the assigned counsel for the appellant for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 25, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

01 A 4383

Shawangunk Corr. Fac.

P.O. Box 700

Wallkill, New York 12589

Appellate Division: Second Judicial Department

M18338

F/nl

A. GAIL PRUDENTI, P.J.

2004-07468 The People, etc., plaintiff, v Joseph Martinez, defendant. (Ind. No. 3244/83)

DECISION & ORDER ON MOTION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated July 30, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

A. GAIL PRUDENTI

Presiding Justice

Appellate Division: Second Judicial Department

M18411

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-08972 The People, etc., respondent, v Jackson Metellus, appellant. (Ind. No. 2910/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered September 24, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18409

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-04949 The People, etc., respondent, v Oscar Rios, appellant. (Ind. No. 385/02)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 22, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

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

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 3107

Clinton Corr. Fac.

Box 2002

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M18412

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-08975 The People, etc., respondent, v Corey Thompson, appellant. (Ind. No. 7801/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered August 9, 2004, and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is to extend the time to take the appeal is granted; and it is further,

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18410

F/

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-08171 The People, etc., plaintiff, v Freddy Vega, defendant. (Ind. No. 1884/02)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens County, rendered February 25, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court