APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4805

S/sl

ANITA R. FLORIO, J.P.

WILLIAM D. FRIEDMANN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-08836 Daliah Abraham, respondent, v Jamil Abraham, appellant. (Index No. 22371/90)

DECISION & ORDER ON MOTION

Motion by the appellant to stay stated portions of a judgment of the Supreme Court, Nassau County, dated September 5, 2003, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4802

S/sl

ANITA R. FLORIO, J.P.

WILLIAM D. FRIEDMANN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-09638 Daliah Abraham, respondent, v Jamil Abraham, appellant. (Index No. 22371/90)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated October 31, 2003, inter alia, to stay enforcement of the order 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; and it is further,

ORDERED that within five days of service of a copy of this decision and order on motion on the appellant, the appellant shall either (1) pay to the Sheriff of Nassau County the sum of $21,233.66 representing the purge amount set forth in the order dated October 31, 2003, or (2) surrender himself to the Sheriff of Nassau County to complete the term of incarceration imposed by the order dated October 31, 2003; and it is further,

ORDERED that in the event that the appellant does not comply with either of the directives set forth above, this decision and order on motion shall constitute authorization to any peace officer to arrest and deliver the appellant to the Sheriff of Nassau County to complete the term of incarceration imposed by the order dated October 31, 2003.

FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4870

O/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2003-02886 BDG Oceanside, LLC, plaintiff-respondent- appellant, v Rad Terminal Corp., defendant third-party plaintiff-respondent, Gulf Oil, Limited Partnership, appellant-respondent, et al., defendants; BDG Asset Management, Inc., et al., third-party defendants-respondents- appellants. (Index No. 14890/01)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered March 12, 2003, and cross motion by the plaintiff-respondent-appellant and the third-party defendants-respondents-appellants for the same relief.

Upon the papers filed in support of the motion and cross motion, and upon the stipulation of the parties dated October 6, 2003, it is

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until December 15, 2003, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

 ORDERED that the plaintiff-respondent-appellant and the third-party defendants-respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), on or before January 15, 2004.

ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4877

A/sl

A. GAIL PRUDENTI, P.J.

WILLIAM D. FRIEDMANN

ROBERT W. SCHMIDT

WILLIAM F. MASTRO, JJ.

2002-05864, 2002-05945 Edward Baez, et al., appellants, v Cow Bay Construction, et al., respondents. (Index No. 7031/98)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated March 17, 2003, which determined appeals from two orders of the Supreme Court, Queens County, dated April 23, 2002, and May 22, 2002, respectively.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., FRIEDMANN, SCHMIDT and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4865

O/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2001-07070 Tanya Bonnette, etc., respondent, v Long Island College Hospital, et al., appellants, et al., defendants. (Index No. 22067/96)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this court, dated August 4, 2003, which determined an appeal from an order of the Supreme Court, Kings County, dated June 4, 2001.

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

ORDERED that the motion is granted.

PRUDENTI, P.J., SMITH, GOLDSTEIN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4811

M/sl

2003-02677 Estate of Daniel Fennessey, etc., respondent, v Ronald Klinger, et al., defendants, Brunswick Hospital, appellant. (Index No. 18067/95)

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, entered February 26, 2003.

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4848

C/sl

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-02414 John Gentry, et al., appellants, v Dario Querci, et al., defendants third-party plaintiffs- respondents; Walpole Woodworkers, Inc., third-party defendant-respondent. (Index No. 5613/00)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, dated February 4, 2003, for failure to timely perfect the same.

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 the appeal is dismissed (see 22 NYCRR 670.8[e]).

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4889

T/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-09112 Joseph Glacy, respondent, v 1109 Manhattan Avenue Housing Development Fund Corporation, appellant. (Index No. 23907/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 12, 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 the trial in the above-entitled action is stayed pending hearing and determination of the appeal, on condition that the appeal is perfected on or before December 31, 2003; and it is further,

ORDERED that in the event that the appeal is not perfected by December 31, 2003, the court, on its own motion, may vacate the stay, or the respondent may move, on three days notice, to vacate the stay.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4846

Y/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

BARRY A. COZIER, JJ.

2003-01491, 2003-01492, 2003-01852, 2003-05857, 2003-06758, 2003-06766 Aliza Halali, et al., respondents-appellants, v Evanston Insurance Company, appellant- respondent. (Action 1) (Index No. 51706/02) Aliza Halali, et al., respondents, v Evanston Insurance Company, appellant. (Action No. 2) (Index No. 17956/96) Aliza Halali, et al., respondents, v Vista Environments, Inc., appellant. (Action No. 3) (Index No. 17957/96)

DECISION & ORDER ON MOTION

Motion by the Aliza Halali and Heskel Halali, inter alia, to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Kings County, dated September 6, 2002, and November 15, 2002 respectively, (Appellate Division Docket Nos. 2003-01491 and 2003-01492), to consolidate those appeals with appeals from four orders of the same court, dated February 5, 2003 (Appellate Division Docket No. 2003-01852), April 14, 2003 (Appellate Division Docket No. 2003-05857), June 18, 2003 (Appellate Division Docket No. 2003-06766), and July 2, 2003 (Appellate Division Docket No. 2003-06758), respectively, and for a preference in the calendaring of the appeals. Cross motion by the Evanston Insurance Company, the appellant in actions No. 1 and 2, inter alia, to consolidate certain of the above appeals.

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

ORDERED that the branch of the motion which is to consolidate the appeals is granted to the extent that the above appeals shall be calendared together and shall be argued and submitted on the same day and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for an enlargement of time is granted and the time of Aliza Halali and Heskel Halali to serve and file a brief on the appeals from the orders dated September 6, 2002, and November 15, 2002, and to serve and file a brief on the appeal from the order dated February 5, 2003, is enlarged until December 26, 2003, and their briefs on those appeals must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is, in effect, to direct the appellants on the appeals from the orders dated April 14, 2003, June 18, 2003, and July 2, 2003, to perfect those appeals by a date certain is granted, and the appellants' time to perfect their respective appeals from the orders dated April 14, 2003, June 18, 2003, and July 2, 2003, is enlarged until December 29, 2003, and the respective records or appendices on those appeals and the appellants' briefs must be served and filed on or before that date; and it is further,

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

ORDERED that the branch of the cross motion which is to consolidate the appeals from the orders dated April 14, 2003, and June 18, 2003, is denied as unnecessary, as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c]) ; and it is further,

ORDERED that the branch of the cross motion which is, in effect, to calendar the appeals together is granted; and it is further,

ORDERED that the cross motion is otherwise denied.

SANTUCCI, J.P., S. MILLER, GOLDSTEIN and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4856

E/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-08372, 2003-08375 Sidney Hayes, etc., plaintiff-respondent, v Ideal Quiet Heat Fuel Corporation, defendant third-party plaintiff-respondent; ITT Industries, Inc., third-party defendant-appellant. (Index No. 26825/97) John Bynum, etc., plaintiff-respondent, v Sidney Edward Hayes, defendant-respondent, Ideal Quiet Heat Fuel Corporation, defendant third-party plaintiff-respondent; ITT Industries, Inc., third-party defendant-appellant. (Index No. 7171/97)

DECISION & ORDER ON MOTION

Motion by ITT Industries, Inc., the third-party defendant-appellant, to consolidate appeals from two orders of the Supreme Court, Queens County, both dated August 13, 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 third-party defendant-appellant is directed to file 10 copies of its record or appendix on appeal, and the parties are directed to file 10 copies of their respective briefs.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4854

C/sl

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-02223 Mykonos Import-Export, Inc., respondent-appellant, v 108-122 New South Road Realty Corp., appellant- respondent. (Index No. 27686/98)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered February 5, 2003. Cross motion by the respondent-appellant to dismiss the appeal on the ground that the appeal was not timely perfected, or, to enlarge the time to serve and file its brief.

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

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until December 9, 2003, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal is denied; and it is further,

 ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief is granted; the respondent's time to serve and file a brief is enlarged until February 9, 2004.

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4852

C/sl

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-01145 Nihad Owaid, etc., appellant, v Country-Wide Insurance Company, respondent. (Index No. 1205/02)

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 January 13, 2003.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until December 15, 2003, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4867

O/sl

MYRIAM J. ALTMAN, J.P.

LEO F. McGINITY

DANIEL F. LUCIANO

HOWARD MILLER, JJ.

2002-04043 Yury Platanov, et al., appellants, v Joseph Sciabarra, respondent. (Index No. 20931/99)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated April 9, 2002, which was determined by decision and order of this court dated May 27, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

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

ALTMAN, J.P., McGINITY, LUCIANO and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4862

E/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-03238 Amy Robbins, etc., plaintiff-respondent, v West Babylon Junior High School, et al., defendants-respondents, Nassau Suffolk Football League, appellant. (Index No. 13658/01)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, 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 - July 2003 Calendar", dated September 4, 2003, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated March 3, 2003, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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 so much of the decision and order on motion of this court dated September 4, 2003, as dismissed the instant appeal, is recalled and vacated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until December 26, 2003, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

 ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4834

M/sl

2003-07956 Jonathan Schofield, et al., respondents, v Westfield Estates, Inc., appellant. (Index No. 7058/00)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Orange County, dated July 30, 2003.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4875

A/sl

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-09673 Shelley Waln, respondent, v Merrill Lynch, et al., defendants, Peter Bacanovic, appellant. (Index No. 16862/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, entered October 8, 2003, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4853

C/sl

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-03638 Kristy Williams, respondent, v Mauricio Moreno, et al., appellants. (Index No. 45468/01)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 21, 2003.

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

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

ORDERED that the appellants' time to perfect the appeal is enlarged until December 29, 2003, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4887

O/sl

FRED T. SANTUCCI, J.P.

THOMAS A. ADAMS

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2002-05204, 2003-05137 In the Matter of Elizabeth B. (Anonymous). Suffolk County Department of Social Services, respondent; Philip B. (Anonymous), Sr., appellant. (Proceeding No. 1) (Docket No. N-2075-99) In the Matter of William B. (Anonymous). Suffolk County Department of Social Services, respondent; Philip B. (Anonymous), Sr., appellant. (Proceeding No. 2) (Docket No. N-2076-99) In the Matter of Phillip B. (Anonymous). Suffolk County Department of Social Services, respondent; Philip B. (Anonymous), Sr., appellant. (Proceeding No. 3) (Docket No. N 2077-99)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in three proceedings before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute appeals by Philip B., Sr., from two orders of the Family Court, Suffolk County, dated May 1, 2002, and May 5, 2003, respectively, and to grant the appellant leave to prosecute the appeals 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 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 appeals; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before December 9, 2003, 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 appeals and leave to prosecute the appeals as a poor person are denied with leave to the appellant to renew, on or before December 23, 2003, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeals.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4574

M/mv

2003-09034 In the Matter of Ta Fon Edward J. B. (Anonymous). Administration for Children's Services, et al., respondents; Selina S. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-20316-02) In the Matter of Alexis Shymae B. (Anonymous). Administration for Children's Services, et al., respondents; Selina S. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-20317-02)

SCHEDULING ORDER

Appeal by Selina S. from an order of the Family Court, Kings County, dated September 18, 2003. By decision and order on motion of this court dated October 29, 2003, the appellant's motion to dispense with printing and for the assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Mark W. Brandys, Esq.

26 Court Street, Suite 1215

Brooklyn, New York 11242

(718) 624-4010

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

ORDERED that the appeal in the above-entitled proceedings shall be perfected 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 proceedings to be transcribed for the appeal; or

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 29, 2003, 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 shall not be dismissed.

ENTER:

James Edward Pelzer

Clerk

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

M4849

C/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2002-11309 In the Matter of Yvonne G. Barrett, respondent, v John Pickett, appellant. (Docket No. P-04300/98)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for the assignment of counsel on an appeal from an order of the Family Court, Kings County, dated December 2, 2002.

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; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until December 30, 2003.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4576

M/mv

2003-06087 In the Matter of Shirley Bien-Aime Schneider, respondent, v Christopher J. Schneider, appellant. (Docket No. F-01840-02)

SCHEDULING ORDER

Appeal by Christopher J. Schneider from an order of the Family Court, Nassau County, dated May 30, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 6, 2003. 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

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4864

C/sl

GABRIEL M. KRAUSMAN, J.P.

LEO F. McGINITY

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2002-07632 In the Matter of Thomas Carvel, deceased. Thomas and Agnes Carvel Foundation, respondent-appellant; Pamela Carvel, et al., appellants-respondents, Robert M. Davis, et al., respondents-respondents, et al., respondents. (Index No. 3285/90)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent Leonard Ross to direct the appellants-respondents Realities, a Delaware Business Trust, and Pamela Carvel to pay $17,258.64 each to Counsel Press, LLC, representing those party's 1/3 share of the cost of the joint record on an appeal from a decree of the Surrogate's Court, Westchester County, dated July 8, 2002.

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

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

ORDERED that the appellants-respondents Realities, a Delaware Business Trust, and Pamela Carvel shall each pay $17, 258.64 to Counsel Press, LLC, and shall each file proof of payment with this court on or before December 1, 2003; and it is further,

ORDERED that in the event that either the appellant-respondent Realities, a Delaware Business Trust, or the appellant-respondent Pamela Carvel fails to comply with the above directive, the appeal of that appellant-respondent shall be dismissed.

KRAUSMAN, J.P., McGINITY, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4579

M/mv

2003-02515 In the Matter of Kathleen Colbert, respondent, v Thomas J. Conroy, appellant. (Docket No. F-30080-98)

SCHEDULING ORDER

Appeal by Thomas J. Conroy from an order of the Family Court, Nassau County, dated February 3, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 31, 2003. 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

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4573

M/mv

2002-06543 In the Matter of Niena Cooper-Winfield, respondent, v Herman Gary, appellant. (Docket No. O-01702/02)

SCHEDULING ORDER

Appeal by Herman Gary from an order of the Family Court, Kings County, dated June 28, 2002. The appellant's brief was filed in the office of the Clerk of this court on October 30, 2003. 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

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

M4851

C/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-06787 In the Matter of Robert DiMartino, etc., et al., respondents, v Daniel S. Grosskurth, defendant, Frederick Chapey & Sons Funeral Home, Inc., appellant. (Index No. 14894/00)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to strike the record on an appeal from an order of the Supreme Court, Suffolk County, dated June 20, 2003, on the ground that it is incomplete.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4577

M/mv

2003-07144 In the Matter of Christopher Fallon, respondent, v Susan Fallon, appellant. (Docket Nos. V-1051-03, V-1052-03)

SCHEDULING ORDER

Appeal by Susan Fallon from an order of the Family Court, Suffolk County, dated August 11, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 30, 2003. 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

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4569

M/mv

2003-07243, 2003-07688, 2003-07690 In the Matter of Infinite G. (Anonymous). Administration for Children's Services, respondent, Danielle M. (Anonymous), et al., appellants. (Proceeding No. 1) (Docket No. N-15498-01) In the Matter of D'Asia H. (Anonymous). Administration for Children's Services, respondent, Danielle M. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket No. N-15499-01)

ORDER TO SHOW CAUSE

Separate appeals by Danielle M. and Morris H. from an order of the Family Court, Queens County, dated December 19, 2002, and two orders of the same court both dated July 16, 2003. By scheduling order dated September 5, 2003, the appellant Morris H. 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 appeals; 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) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeals.

The appellant Morris H. 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 appeals of Morris H. in the above-entitled proceeding for failure to comply with the scheduling order dated September 5, 2003, 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 19, 2003; 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4578

M/mv

2003-05337 In the Matter of Harry Gross, appellant, v Miriam Gross, respondent (Docket Nos. V-19337/98, V-19338/98, V-19339/98)

SCHEDULING ORDER

Appeal by Harry Gross from an order of the Family Court, Kings County, dated May 16, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 30, 2003. 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

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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4582

M/mv

2003-01414 In the Matter of Lisa Lewis, appellant, v Francis A. Redhead, respondent. (Docket No. F-7557-00)

SCHEDULING ORDER

Appeal by Lisa Lewis from an order of the Family Court, Kings County, dated January 7, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 29, 2003. 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

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

M4583

M/mv

2003-03713 In the Matter of Garrett Mc. (Anonymous). Suffolk County Department of Social Services, respondent; Cindy N. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-536-01) In the Matter of Adrianne M. (Anonymous). Suffolk County Department of Social Services, respondent; Cindy N. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-537-01) In the Matter of Jiordan M. (Anonymous). Suffolk County Department of Social Services, respondent; Cindy N. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-538-01)

SCHEDULING ORDER

Appeal by Cindy N. from an order of the Family Court, Suffolk County, dated March 26, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that on or before December 31, 2003, the appeal in the above-entitled proceedings shall be perfected 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 the brief on the appeal.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4837

M/sl

2003-01633 In the Matter of Milburn Homes, Inc., appellant, v Frank Trotta, etc., et al., respondents. (Index No. 15161/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Suffolk County, dated November 25, 2003.

ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged, and the respondents' brief which was submitted to the Clerk of this court on November 21, 2003, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4888

O/sl

FRED T. SANTUCCI, J.P.

THOMAS A. ADAMS

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2003-02819 The People, etc., respondent, v Nashir Ahmed, appellant. (Ind. No. 641/01)

DECISION & ORDER ON MOTION

Motion by retained counsel to be assigned as counsel to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 25, 2003. The appellant's motion for poor person relief and for a copy of the typewritten transcripts of the stenographic minutes without charge was granted on June 17, 2003.

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

ORDERED that the motion is denied without prejudice to moving to withdraw as retained counsel.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4817

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2000-03207 The People, etc., respondent, v Luther Alford, appellant. (Ind. No. 99-00966)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered March 1, 2000.

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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4804

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

1995-06235 The People, etc., respondent, v Jose Cruz, a/k/a Carlos Perez, appellant. (Ind. No. 4924/95)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 26, 1995.

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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4803

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

1994-02932 The People, etc., respondent, v Adrian DeJeon, appellant. (Ind. No. 10174/88)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered March 21, 1994.

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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4801

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

1994-07974 The People, etc., respondent, v Rafael Encarncion, appellant. (Ind. No. 10111/92)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered August 3, 1994.

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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4800

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2000-03585 The People, etc., respondent, v Vincent Mauricio Enriquez, appellant. (Ind. No. 99-01635)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered March 27, 2000.

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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4797

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

1995-02810 The People, etc., respondent, v Wayne Fallace, appellant. (Ind. No. 665/95)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered March 13, 1995.

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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4796

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

1995-07398 The People, etc., respondent, v Robert Gibbs, appellant. (Ind. No. 2037/95)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered July 24, 1995.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4618

F/

DANIEL F. LUCIANO, J.

2003-07172 The People, etc., plaintiff, v Richard Gilliard, defendant. (Ind. No. 8514/99)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated June 11, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

DANIEL F. LUCIANO

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4708

E/sl

FRED T. SANTUCCI, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2001-07056 The People, etc., respondent, v Elliot Mills, appellant. (Ind. No. 12091/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered July 12, 2001.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4812

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

1995-02800 The People, etc., respondent, v Reginald Mullings, appellant. (Ind. No. 10414/87)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered March 16, 1995.

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 the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4814

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

1994-09971 The People, etc., respondent, v Cecil Rivera, appellant. (Ind. No. 1885/94)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered November 1, 1994.

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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4845

Y/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

1999-10033 The People, etc., respondent, v Ramon Rivera, a/k/a Raymond Rivera, appellant. (Ind. No. 11907/92)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Queens County, rendered September 22, 1999, to direct the court reporter to transcribe or retranscribe missing minutes of the proceedings in the above-entitled action.

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 the court reporter is directed to transcribe or retranscribe the minutes in the above-entitled action except for the following dates: October 1, 1998, October 2, 1998, November 23, 1998, January 26, 1999, August 18, 1999, and September 22, 1999.

ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4847

K/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-04026, 2003-04028, 2003-04282 The People, etc., appellant, v Jasper Rutledge, respondent. (Ind. No. 1101/01)

DECISION & ORDER ON MOTION

The People having appealed from two orders of the Supreme Court, Queens County, dated February 28, 2003, and April 8, 2003, respectively, and an amended order of the same court dated May 2, 2003, in the above-entitled action, pending against the defendant under Indictment No. 1101/01, and the appeals having been perfected on September 9, 2003, and the defendant having failed to timely file a brief in response thereto, now, in compliance with the requirements of People v Garcia (93 NY2d 42):

THE DEFENDANT IS HEREBY ADVISED

A. that he has the right to the assistance of counsel on the People's appeals;

B. that if he /is financially unable to retain counsel he may make an application to this court for the assignment of counsel, and, upon proof of such financial inability, one will be appointed for him;

C. that he has the right to forego the assistance of counsel and to respond to the People's appeals pro se; and

D. that unless within 60 days from the date of service upon him of a copy of this decision and order on motion, together with a copy of the People's brief and appendix on the appeals, the defendant responds to the appeals pro se or by retained counsel, or moves for the assignment of counsel to represent him, or moves for an enlargement of time to respond to the appeals, he shall be deemed to have waived his right to counsel on the appeals and they shall be heard and determined on only the People's brief and appendix, and original record; and,

E. that the address to which the defendant should respond to the appeals pro se or by retained counsel, or to which he should address a written application for the assignment of counsel or for an enlargement of time to respond to the People's appeals is:

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

45 Monroe Place

Brooklyn, N.Y. 11201

ON THE COURT'S OWN MOTION, it is:

ORDERED that the People are directed to serve a copy of this decision and order on motion, together with a copy of their brief and appendix on the appeals, upon the defendant, by personal delivery of the same to him; and it is further,

ORDERED that the People shall file proof of such service with the Clerk of this court within 20 days of the date hereof; and it is further,

ORDERED that the defendant's time to respond to the appeals pro se or by retained counsel, or to move for the assignment of counsel, is enlarged until 60 days after the date of service upon him of a copy of this decision and order on motion together with a copy of the brief and appendix on the appeals, and in the event that he fails to so respond to the appeals, or to move for the assignment of counsel within that time, or fails to move for an enlargement of time to respond to the appeals, the defendant shall be deemed to have waived his right to counsel, and the appeals shall be considered and determined on only the People's brief and appendix, and original record; and it is further,

ORDERED that if personal service of a copy of this decision and order on motion cannot be made with due diligence, the People may make ex parte application to this court for an order authorizing alternative methods of service. Such an application shall be supported by affidavit or affidavits detailing the steps taken to find and serve the defendant personally.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4798

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2000-05695 The People, etc., respondent, v Walter Salvatore, appellant. (Ind. No. 99-01284)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered June 6, 2000.

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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4816

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2002-03086 The People, etc., respondent, v Saul Santiago, appellant. (Ind. No. 1036-97)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Suffolk County, rendered February 20, 2002.

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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4810

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

1991-07879 The People, etc., respondent, v Jose Tlatenchi, appellant. (Ind. No. 17/91)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered August 5, 1991.

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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4813

F/

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

1991-09683 The People, etc., respondent, v Miguel Vega, appellant. (Ind. No. 13753/89)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered October 3, 1991.

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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M4850

C/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2002-05727 The People, etc., respondent, v Ryan Wagner, appellant. (Ind. No. 2452/00)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Suffolk County, rendered January 9, 2002.

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

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

ORDERED that the 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 13, 2004.

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

ENTER:

James Edward Pelzer

Clerk