Appellate Division: Second Judicial Department

M32759

CF/

2005-04576 Acme Bus Corp., respondent, v Board of Education of Elwood Public Schools, appellant. (Index No. 11080/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 8, 2005.

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M32758

CF/

2005-04956 Maryann Lengefeld Arena, et al., plaintiffs- respondents, v Stewart Avenue Realty, LLC, et al., defendants-respondents, VTA Contracting Corp., defendant third-party plaintiff-respondent; CJV Mason Contractor, Inc., third-party defendant-appellant. (Index No. 18758/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M32745

S/nal

2005-05736 Stuart Arm, appellant, v 2148 Ocean Avenue, LLC, et al., respondents. (Index No. 36940/04)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated May 19, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 27, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32774

S/nal

2005-09406 John Armentano, et al., plaintiffs-respondents, v Broadway Mall Properties, Inc., et al., defendants third-party plaintiffs-respondents, Garito Contracting, Inc., defendant appellant-respondent, Leher, McGovern, Bovis, Inc., respondent-appellant; C.C.M., Inc., third-party defendant appellant-respondent. (Index No. 15126/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Nassau County, dated September 13, 2005.

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

M32776

S/nal

2005-03563 Irakly Biejanov, etc., et al., respondents- appellants, v Jeno David Guttman, et al., appellants-respondents, et al., defendant. (Index No. 34775/02)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Kings County, dated March 10, 2005.

ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until December 15, 2005, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before January 31, 2006 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32563

A/nal

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-09709 Donna Bryan, appellant-respondent, v Staten Island University Hospital, defendant, James B. Hurwitz, etc., respondent-appellant. (Index No. 24247/99)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated October 1, 2004.

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

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

ORDERED that the time of the appellant-respondent to serve and file a reply brief is enlarged until December 5, 2005, and the reply 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32752

T/nal

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-01644 Agatha Burns, appellant, v Hannah Stranger, respondent. (Index No. 222/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated January 6, 2005.

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

ORDERED that no further enlargements of time shall be granted.

CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32777

S/nal

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

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, dated October 5, 2004.

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

ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, on or before January 10, 2006 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32575

A/nal

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-02090 Christopher DeLuca, respondent, v Bruce Blanco, et al., appellants. (Index No. 40/99)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to enlarge the time to serve and file a brief on an appeal from an interlocutory judgment of the Supreme Court, Suffolk County, entered February 17, 2005.

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

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until December 27, 2005, and the respondent'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; and it is further,

ORDERED that the appellants' time to serve and file a reply brief, if they be so advised, is enlarged until January 23, 2006; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32727

S/nal

2005-05305, 2005-06417 Steven Ellers, et al., appellants, v Horowitz Family Limited Partnership, et al., respondents. (Index No. 578/04)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, dated May 6, 2005, and May 31, 2005, respectively.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until February 21, 2006, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32579

A/nal

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-09351 Michael Ernest, et al., appellants, v Pleasantville Union Free School District, et al., respondents. (Index No. 740/03)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial of the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered September 21, 2005.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32767

A/nal

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-08615 Cesar Game, respondent, v Mildred Game, appellant. (Index No. 15323/01)

DECISION & ORDER ON MOTION

Motion by Robert Gruenspecht, the attorney for the appellant, for leave to withdraw as counsel on an appeal from a decision of the Supreme Court, Queens County, dated August 1, 2005.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32775

S/nal

2005-07040 Irene Goldfarb, respondent, v Mark S. Schwartz, appellant. (Index No. 36835/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated June 21, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 12, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32766

T/nal

2005-08119 Roman Grossman, plaintiff, v Amalgamated Warbasse Houses, Inc., defendant third-party plaintiff-appellant; QNCC Electrical Contracting Corp., third-party defendant-respondent. (Index No. 27324/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated August 8, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 2, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32729

S/nal

2005-03116 Charles Lodato, plaintiff-respondent, v Greyhawk North America, LLC, defendant third-party plaintiff-appellant, Palace Electrical Contractors, Inc., defendant-respondent; Nagan Construction, Inc., third-party defendant-appellant (and a fourth-party action). (Index No. 9801/02)

ORDER ON APPLICATION

Applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Kings County, entered March 10, 2005.

ORDERED that the applications are granted and the appellants' time to perfect the appeals is enlarged until January 30, 2006, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32740

C/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-09756 George Mathews, et al., respondents, v Mercury Paint Corporation, defendant, Cleveland Steel Container Corp., appellant. (Index No. 35180/02)

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 16, 2005.

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

ORDERED that the motion is denied.

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32746

S/nal

2005-03866 Ericka Miller, respondent, v Parhiscar Afshin, et al., apellants. (Index No. 48504/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 31, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 23, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32374

C/nal

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-10061 Nestor Mosquera, appellant, v Kam Ming Dwi, respondent. (Index No. 19554/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 26, 2005.

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

ORDERED that the motion is denied.

CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32757

S/nal

2005-03835 Edgar Hernandez Ramirez, appellant, v Juan Romualdo, respondent. (Index No. 22348/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated February 22, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 5, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32760

CF/

2005-04668 Michael Russo, respondent, v Laura Hart, appellant. (Index No. 24896/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 14, 2005.

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

M32694

M/nal

2005-07041 Seraphima Shagoury, respondent, v Stephen Shagoury, appellant. (Index No. 18409/02)

SCHEDULING ORDER

Appeal by Stephen Shagoury from a judgment of the Supreme Court, Queens County, dated May 24, 2005. By decision and order on motion of this court dated November 21, 2005, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32763

CF/

2005-06822 Richard T. Sirianni, et al., defendants-respondents, v Frank T. Giorgio, defendant-respondent, E. Daskal Corporation, appellant. (Index No. 6210/00)

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 June 20, 2005.

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

M32768

T/nal

2005-05198 Linda Sylvester, appellant, v City of New York, respondent, et al., defendants. (Index No. 46265/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 15, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 17, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32738

C/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-10143 Tal Tours (1996), Inc., et al., appellants, v Howard Goldstein, et al., respondents. (Index No. 5510/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Nassau County, dated October 7, 2005, 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 granted and enforcement of the order dated October 7, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 27, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 27, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

RITTER, J.P., RIVERA, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32762

CF/

2005-06726 United National Insurance Company, et al., appellants, v Utica National Insurance Company, respondent. (Index No. 11412/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 15, 2005.

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

M32742

Y/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2004-10862 United States Dredging Corp., plaintiff- respondent, v Edward Murphy, et al., appellants, James F. Murphy, et al., defendants-respondents. (Index No. 7032/04)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered November 17, 2004.

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 appellants' time to perfect the appeal is enlarged until February 27, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32769

T/nal

2005-05669 Polly Usher, appellant, v Erwin Murphy, et al., respondents. (Index No. 15583/98)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered May 20, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 31, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32743

S/nal

2005-05389 Margarita T. Walter, appellant, v John E. Walter, Jr., respondent. (Index No. 17328/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated May 6, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 1, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32753

S/nal

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-01541, 2004-07816 Ben Wilder, etc., appellant, v May Department Stores Company, etc., respondent. (Index No. 8577/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 9, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Chadbourne & Park, LLP, the attorney for the respondent, to admit Suzanne Woodard, Esq., an attorney in good standing in the State of Missouri, to be admitted pro hac vice to represent the respondent-appellant on an appeal from an order of the Supreme Court, Queens County, dated November 21, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32778

S/nal

2005-07715 Anne Wilkie, et al., respondents, v Town of Huntington, et al., appellants. (Index No. 15595/03)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated July 20, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 3, 2006, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32697

Y/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-10372 In the Matter of Christina B. (Anonymous). Yvonne M.-B. (Anonymous), et al., respondents; Commissioner of the Administration for Children's services of the City New York, appellant. (Proceeding No. 1) In the Matter of Michael B. (Anonymous). Yvonne M.-B. (Anonymous), et al., respondents; Commissioner of the Administration for Children's services of the City New York, appellant. (Proceeding No. 2) In the Matter of Ryan R. (Anonymous). Yvonne M.-B. (Anonymous), et al., respondents; Commissioner of the Administration for Children's services of the City New York, appellant. (Proceeding No. 3) In the Matter of Thomas R. (Anonymous). Yvonne M.-B. (Anonymous), et al., respondents; Commissioner of the Administration for Children's services of the City New York, appellant. (Proceeding No. 4) In the Matter of Sonya B. (Anonymous). Yvonne M.-B. (Anonymous), et al., respondents; Commissioner of the Administration for Children's services of the City New York, appellant. (Proceeding No. 5) In the Matter of Meghan B. (Anonymous). Yvonne M.-B. (Anonymous), et al., respondents; Commissioner of the Administration for Children's services of the City New York, appellant. (Proceeding No. 6) (Docket Nos. NN-27750-05, NN-27751-05, NN-27752-05, NN-27753-05, NN-27754-05, NN-27755-05 )

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated November 3, 2005, to stay enforcement of so much of the order as paroles the subject children Ryan R. and Sonya B. to the custody of relatives Lori B. and Karlis B. and allegedly threatens to impose daily financial sanctions on the appellant for every day that the children are not in the custody of those relatives, pending hearing and determination of the appeal, and to temporarily remand the subject children to the custody of the appellant.

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 (1) enforcement of so much of the order dated November 3, 2005, as paroles the subject children Ryan R. and Sonya B. to the custody of relatives Lori B. and Karlis B. and is stayed pending hearing and determination of the appeal, and (2) the subject children are remanded to the custody of the appellant pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 9, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 9, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of so much of the order as allegedly threatens to impose financial sanctions on the appellant is denied as unnecessary, as the order contains no such provision.

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32708

M/nal

2005-07226 In the Matter of Jayda D.-B. (Anonymous). Administration for Children's Services, respondent; Roger D. (Anonymous), appellant. (Docket No. N-2482-04)

SCHEDULING ORDER

ORDERED that the scheduling order of this court dated October 28, 2005, in the above-entitled proceeding is recalled and vacated, and the following scheduling order is substituted therefor:

Appeal by Roger D. from an order of the Family Court, Rockland County, dated May 16, 2005. By decision and order on motion of this court dated November 17, 2005, the following attorney was assigned as counsel on the appeal:

Emily R. Fabrizio, Esq.

7 Elmwood Drive - Suite 1B

New City, New York 10956

(845) 634-2195

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

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

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

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

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated November 17, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32756

A/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-10529 In the Matter of Clifton Stanley Diaz, petitioner, v Rochdale Village, Inc., et al., respondents. (Index No. 23074/05)

DECISION & ORDER ON MOTION

Motion by Rochdale Village, Inc., Lisa Starks, Herman Ferguson, Joe Evans, A. Jerome Burrus, and Directors of Rochdale Village, Inc., inter alia, for leave to appeal to this court from an order of the Supreme Court, Queens County, dated October 25, 2005, and 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 branch of the motion which is for leave to appeal to this court is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32706

M/nal

2005-05004, 2005-05008 In the Matter of Daqwuan G. (Anonymous). Administration for Children's Services, petitioner-respondent; Danette E. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Tahjae G. (Anonymous). Administration for Children's Services, petitioner-respondent; Danette E. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. N-28078-02, N-28079-02)

SCHEDULING ORDER

Appeals by Danette E. from two orders of the Family Court, Kings County, dated February 7, 2005, and April 22, 2005, respectively. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the 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 23, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32705

M/nal

2005-09669 In the Matter of Wenona D. Hauser, appellant, v Antonio F. Pruitt, respondent. (Docket Nos. V-00754-99, V-00755-99, V-00749-05, V-00750-05)

SCHEDULING ORDER

Appeal by Wenona D. Hauser from an order of the Family Court, Rockland County, dated September 21, 2005. By decision and order on motion of this court dated November 18, 2005, the following attorney was assigned as counsel on the appeal:

Law Offices of K. D. Rothman, Esq.

55 Old Turnpike Road - Suite 202

Nanuet, New York 10954

(845) 627-3200

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

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

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

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

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated November 18, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32702

M/nal

2005-10315 In the Matter of Paula L. (Anonymous), respondent, v David H. (Anonymous), appellant. (Docket No. P-2403/01)

SCHEDULING ORDER

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

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

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32695

M/nal

2005-06579 In the Matter of Ella B. Montesdeoca, respondent, v Hector B. Montesdeoca, appellant. (Proceeding No. 1) (Docket Nos. V-6915-03, V-6916-03, V-6917-03, V-6918-03) In the Matter of Hector B. Montesdeoca, appellant, v Ella B. Montesdeoca, respondent. (Proceeding No. 2) (Docket Nos. V-6949-03, V-6950-03 V-6951-03, V-6952-03)

SCHEDULING ORDER

Appeal by Hector B. Montesdeoca from an order of the Family Court, Nassau County, dated June 24, 2005. By decision and order on motion of this court dated November 18, 2005, the following attorney was assigned as counsel on the appeal:

Amy Colvin, Esq.

P.O. Box 2091

Halesite, New York 11743

(631) 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 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 proceeding to be transcribed for the appeal; or

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated November 18, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32692

C/nal

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-10734 In the Matter of George Poldrugovaz, deceased. Kim M. Rego, respondent; William Poldrugovaz, appellant. (File No. 343 A 2005)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Surrogate's Court, Suffolk County, dated October 24, 2005, 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 granted, and enforcement of the order dated October 24, 2005, is stayed pending hearing and determination of the appeal.

CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32704

M/nal

2005-08763 In the Matter of Imelda R. (Anonymous), a/k/a Imelda R. R. (Anonymous). Catholic Home Bureau for Dependent Children, respondent; Blanca R. (Anonymous), appellant. (Docket No. B-8672/02)

SCHEDULING ORDER

Appeal by Blanca R. from an order of the Family Court, Queens County, dated July 29, 2005. By decision and order on motion of this court dated November 18, 2005, the following attorney was assigned as counsel on the appeal:

Catherine S. Bridge, Esq.

1358 Clove Road

Staten Island, New York 10301

(718) 448-9600

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

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

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

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

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated November 18, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32761

CF/

2005-08074 In the Matter of Muneer Richards, respondent, v Milton M. Smith, appellant. (Index No. 38073/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 5, 2005,

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

M32700

M/nal

2005-08934, 2005-08935, 2005-08936 In the Matter of "Baby Girl" W. (Anonymous), a/k/a Jaclyn W. (Anonymous). Jewish Child Care Association, petitioner-respondent; Jack W. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of "Baby Girl" W. (Anonymous), a/k/a Teyana W. (Anonymous). Jewish Child Care Association, petitioner-respondent; Jack W. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of "Baby Boy" W. (Anonymous), a/k/a Kareem W. (Anonymous). Jewish Child Care Association, petitioner-respondent; Jack W. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) (Docket Nos. B-15816/03, B-15817/03, B-15815/03)

SCHEDULING ORDER

Appeals by Jack W. from three orders of the Family Court, Kings County, all dated August 22, 2005 (one as to each child). By decision and order on motion of this court dated November 18, 2005, the following attorney was assigned as counsel on the appeals:

David Laniado, Esq.

189 Montague Street, Suite 303

Brooklyn, New York 11201

(718) 246-9444

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

ORDERED that the appeals in the above-entitled 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 proceeding to be transcribed for the appeals; or

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated November 18, 2005, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32754

T/nal

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-00592 The People, etc., respondent, v Thomas Burke, appellant. (Ind. No. 2540/02)

DECISION & ORDER ON MOTION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 8, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 7, 2005, and the respondent's brief must be served and filed on or before that date.

CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32751

S/nal

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-01716 The People, etc., respondent, v Hassan Denton, respondent. (Ind. No. 121/03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 15, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

The People having appealed from a sentence of the Supreme Court, Kings County, imposed January 27, 2005, and the appeal having been perfected on August 18, 2005, 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 appeal;

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 appeal pro se; and

D. that unless within 60 days from the date of this order the defendant either responds to the appeal pro se or by retained counsel, or moves for the appointment of counsel to represent him, he shall be deemed to have waived his right to counsel on the appeal and it shall be heard and determined on the People's brief and record alone; and,

ON THE COURT'S OWN MOTION, it is:

ORDERED that the People are directed to serve a copy of this decision and order, together with a copy of their brief and appendix on the appeal, 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 appeal 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 together with a copy of the brief and appendix on the appeal, and in the event that he fails to so respond to the appeal, or to move for the assignment of counsel within that time, or fails to move for an enlargement of time to respond to the appeal, the defendant shall be deemed to have waived his right to counsel, and the appeal shall be considered and determined 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 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32750

S/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-09403 The People, etc., respondent, v William Duke, appellant. (Ind. No. 12251/94)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 22, 2005, in the above-entitled case is amended by deleting from fourth decretal paragraph thereof the date "January 23, 2005," and substituting therefor the date "January 23, 2006."

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32470

S/nal

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-07865 The People, etc., respondent, v Ricardo Grant, appellant. (Ind. No. 00281/03)

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 County Court, Rockland County, dated June 28, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated June 28, 2005; and it is further,

ORDERED that the branch of the application which is, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel is granted, and the following attorney is assigned as counsel to represent the defendant on the appeal:

Laura G. Weiss

One Blue Hill Plaza

Pearl River, N.Y. 10965

;and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated June 28, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before January 30, 2006; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon the defendant by ordinary mail pursuant to CPL 470.60(2), at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and by regular mail upon the attorney herein assigned to represent the defendant and upon the District Attorney.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32772

S/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

1999-02050 The People, etc., respondent, v Michael Hale, appellant. (Ind. No. 8776/96)

DECISION & ORDER ON MOTION

Motions by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered February 10, 1999, (1) to serve and file a supplement to his supplemental brief to raise an additional issue, and (2) for leave to serve and file exhibits to his supplemental brief.

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

ORDERED that the motion for leave to serve and file a supplement to the supplemental brief is granted, and the supplement submitted to the Clerk of this court is accepted for filing; and it is further,

ORDERED that the respondent shall serve and file a response to the supplement, if any, on or before January 3, 2006; and it is further,

ORDERED that the motion for leave to serve and file exhibits to the supplemental brief is granted to the extent that Exhibits 1 and 2 submitted to the Clerk of this court are accepted for filing, and the motion is otherwise denied.

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32770

T/nal

2003-05646 The People, etc., respondent, v Rudolph Hawthorne, appellant. (Ind. No. 251/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Queens County, rendered June 12, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 2, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32773

S/nal

2003-05038 The People, etc. respondent, v Sharron Ivory, appellant. (Ind. No. 8181/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in response to the supplemental brief filed by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered May 22, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 2, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32755

T/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-10379 The People, etc., plaintiff, v David Maldonado, et al., defendants. (Index No. 05-1084)

DECISION & ORDER ON MOTION

Motion by the defendants for a change of venue of the trial of Westchester County Indictment No. 05-1084 from the Supreme Court, Westchester County, to another county.

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 the defendants may renew their application for a change of venue, if necessary, after the completion of voir dire, and the motion is otherwise denied as premature (see People v Boudin, 95 AD2d 463).

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court