Appellate Division: Second Judicial Department

M32961

CF/

2005-05278 Siraj Ahmed, respondents, v Kol Management, LLC, appellant. (Index No. 13891/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M32900

O/sl

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-03066 Eric Baez, appellant, v City of New York, respondent. (Index No. 12610/98)

DECISION & ORDER ON MOTION

Motion by the appellant 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 - April 2005 Calendar", dated May 10, 2005, as dismissed an appeal from a judgment of the Supreme Court, Kings County, entered March 31, 2004, 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 the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32902

CF/

2005-05306 Alan Birnbaum, appellant, v James Misiano, et al., respondents. (Index No. 18114/04)

ORDER ON APPLICATION Application to Withdraw Appeal

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M32981

T/sl

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-08515 Chiffon Black, respondent, v No-How Transportation, Ltd., et al., appellants, et al., defendants. (Index No. 5169/03)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated August 3, 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 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 29, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 29, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32987

S/sl

2005-03565 Christina Boateng, respondent, v Motorcycle Safety School, Inc., appellant. (Index No. 34451/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 18, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 11, 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

M32914

CF/

2005-03652 Grewel Budhu, respondent, v Lutheran Medical Center, et al., defendants, Marilyn Robertson, appellant. (Index No. 22737/00)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M32901

CF/

2005-07282 Juan Caba, respondent, v Benet & Associates, et al., appellants. (Index No. 2182/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated May 12, 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

M32937

Y/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-05573 Arturo Enrique Cardenas, plaintiff-respondent, v Casalino Carting, Inc., appellant-respondent, Independence Carting, Inc., respondent-appellant. (Index No. 24784/01)

DECISION & ORDER ON MOTION

Motion by the respondent-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 May 13, 2005.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32925

C/sl

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-10615 Stephen Corr, plaintiff, v Madeline Corr, defendant. (Index No. 17983-03)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated November 14, 2005, and to stay the sale of the subject property pending the hearing and determination of 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 branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32950

M/nal

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLION, JJ.

2005-08861 Steven DiGiorgi, respondent, v Carolyn DiGiorgi, appellant. (Index No. 23320-01)

DECISION & ORDER ON MOTION

Appeal by Carolyn DiGiorgi from an order of the Supreme Court, Suffolk County, dated July 26, 2005. By order to show cause dated November 7, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 29, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated September 29, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32923

CF/

2005-09172 Alexander Duncan, respondent, v Larry Weinstein, et al., appellants. (Index No. 2270/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Rockland County, dated August 30, 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

M32990

S/sl

2004-11271 Michael Ellenbast, appellant, v Jesse Watkins, et al., respondents. (Index No. 12227/00)

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, entered February 9, 2004, and to enlarge the appellant's time to serve and file a reply brief.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 8, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the reply brief shall be served and filed on or before December 29, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32927

CF/

2005-04837 Farrell Fritz, appellant, v Alexandra Matlin Karp, et al., respondents. (Index No. 6545/04)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M32958

CF/

2005-07561 Lauren Post Grossman, et al., respondents, v Lola F. Massey, et al., appellants. (Index No. 10076/03)

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 July 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

M32954

CF/

2005-03211 Incorporated Village of Hempstead, respondent, v Village Video, Inc., et al., appellants. (Index No. 16009/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 23, 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

M32892

O/sl

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-03688 Internet Server Connections, Inc., appellant- respondent, v Rockstar Games, NYC, et al., respondents-appellants. (Index No. 1774/03)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to strike material from the reply brief of the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated March 21, 2005, on the ground that the respondents-appellants reply brief raises issues which are not properly raised in the reply brief.

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

ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission 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

M32931

CF/

2005-03599 Olga Kolos, et al., respondents, v HSBC USA, Inc., et al., appellants. (Index No. 15053/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M32910

CF/

2005-06499 Dennis Lieb, et al., appellants, v Richard D. Murphy, respondent. (Index No. 562/05)

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 21, 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

M32904

O/sl

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-00824, 2005-06054, 2005-06056, 2005-06058, 2005-07119 Victoria Lutz, respondent, v Bruce Goldstone, appellant. (Index No. 2528/94)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from a judgment of the Supreme Court, Westchester County, dated July 21, 2005, two orders of the same court dated April 20, 2005, and December 20, 2004, respectively, and two orders of the same court both dated May 10, 2005, to strike pages A-933 through A-936 from the appendix on the ground that those pages contain matter dehors the record, and to strike stated portions of the appellant's brief on the ground that it refers to matter dehors the record.

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

ORDERED that the branch of the motion which is to strike pages A-933 through A-936 from the appendix is granted, and those pages of the appendix are stricken; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the appellant's brief is granted to the extent of striking:

(1) the first two sentences in the first full paragraph of page 14, beginning with the words "Respondent omitted" and ending with the words "Separation Agreement";

(2) the material on page 20 beginning with the words "Respondent's own exhibits" and continuing through the end of that page;

(3) the first sentence of the fourth paragraph on page 21;

(4) the material in the last paragraph on page 21 beginning with the words "On March 28, 2004" and ending on page 22 with the words "(emphasis added)";

(5) the material on page 35 beginning with the words "Furthermore, had Appellant's evidence been considered" and ending on page 36 with the words "(emphasis added)"; and

(6) the material on page 41 beginning with the words "The court also precluded" and ending on page 42 with the words "exact revenge from her";

and it is further,

ORDERED that on or before December 15, 2005, the appellant shall either delete or remove the above-referenced material from the copies of the appendix and brief on file with this court or serve and file replacement copies of the appendix and the brief; and it is further,

ORDERED that 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

M32905

CF/

2005-07065 Joan Mancuso, appellant, v Donald Mancuso, respondent. (Index No. 23723/98)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M32932

CF/

2005-07656 Richard Merritt, respondent, v Daniel M. DeFedericis, et al., appellants. (Index No. 4183/03)

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 July 1, 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

M32973

S/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT J. LUNN

REINALDO E. RIVERA, JJ.

2005-05448 Metropolis A.C. Corp., plaintiff-respondent, v National Environmental Safety Company, Inc., defendant/counterclaim-plaintiff appellant, et al., defendants; RLI Insurance Company, counterclaim- defendant respondent. (Index No. 31808/01)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Queens County, dated March 15, 2005.

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

ORDERED that on the court's own motion the appeal 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 application is denied as academic.

H. MILLER, J.P., ADAMS, LUNN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32978

S/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-02167 Elenor Nespola, etc., appellant, v Stang Cancer Prevention Center, et al., respondents. (Index No. 49740/01)

DECISION & ORDER ON APPLICATION

Application by the appellant to substitute Elenor Nespola, as executor of the estate of Maria Pennisi, for the deceased appellant, Maria Pennisi, on an appeal from an order of the Supreme Court, Kings County, entered January 14, 2005, and to enlarge the time to perfect the appeal.

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

ORDERED that the application is granted, and Elenor Nespola, as executor of the estate of Maria Pennisi, is substituted for the deceased appellant Maria Pennisi, and the caption of the appeal has been amended accordingly; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until March 15, 2006, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32899

CF/

2005-04502 Nu Tang, appellant, v John F. Estrada, et al., respondents. (Index No. 24162/02)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M32920

CF/

2005-08285 Dan Panarello, respondent, v John A. Segalla, appellant. (Index No. 1149/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated July 18, 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

M33011

C/sl

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-09592 Jose Portillo, respondent, v Roby Anne Development, LLC, appellant, et al., defendant (and a third-party action). (Index Nos. 6357/03, 350492/03)

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 August 19, 2005.

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 trial in the above-entitled action is stayed pending hearing and determination of the appeal.

COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32988

S/sl

2005-01234 Dimitrios Psomostithis, appellant, v Transoceanic Cable Ship Co., respondent. (Index No. 34619/02)

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 December 22, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 22, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32930

CF/

2005-08965 Brian Quinn, et al., appellants, v Milton L. Ehrilch, Incorporated, respondent. (Index No. 4218/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated August 10, 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

M32917

CF/

2005-07697 Gayle A. Rodriguez, et al., appellants, v Morris Material Handling, Inc., et al., respondents. (Index No. 6271/02)

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 24, 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

M32936

CF/

2005-04666 Michael Russo, respondent, v Jean Marie Addeo, appellant. (Index No. 24895/04)

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 28, 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

M32959

CF/

2005-04888 S.W. Anderson Sales Corp., respondent, v LJR Insulation and General Contracting, Inc., et al., appellants. (Index No. 21857/02)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M32916

CF/

2005-09819 Debra Sheinin, appellant, v Alexandre Moreira, et al., respondents. (Index No. 3015/05)

ORDER ON APPLICATION Application to Withdraw Appeal

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

Upon the papers filed in support of the application and the papers having been filed 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

M32615

C/sl

STEPHEN G. CRANE, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2004-09093 Alvaro Solis, et al., respondents, v United Water New Rochelle, Inc., et al., appellants. (Index No. 8155/02)

DECISION & ORDER ON MOTION Application to Withdraw Appeal

Motion by the appellant United Water New Rochelle, in which the appellant R & R Scaffolding, Ltd., joins for leave to withdraw their respective appeals from an order of the Supreme Court, Westchester County, entered October 4, 2004.

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 appeals are deemed withdrawn, without costs or disbursements.

CRANE, J.P., S. MILLER, LUCIANO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32897

CF/

2005-05412 Spring Valley Improvements, LLC, appellant, v Tony Abajian, et al., respondents. (Index No. 12972/02)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M32907

CF/

2005-07581 Michelle Stevens, respondent, v Barbara D. Stark, et al., appellants. (Index No. 8817/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 3, 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

M32903

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-05047, 2005-05048, 2005-05049 Marc Waldman, etc., respondent, v Shereen Bobrowsky, etc., appellant. (Index No. 26503/94)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 10, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant on appeals from three orders of the Supreme Court, Kings County, two dated February 24, 2005, and one dated April 14, 2005, respectively, to stay enforcement of a judgment of the same court entered June 18, 2004, pending hearing and determination of the appeals, and for leave to prosecute the appeals as a poor person.

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

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

 ORDERED that on the court's own motion the appellant's time to perfect the appeals 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 her brief on the appeal is enlarged until January 10, 2006.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32945

M/nal

2005-02563, 2005-02564, 2005-02565 In the Matter of Shariff A. (Anonymous), appellant. (Docket No. D-18363/03)

SCHEDULING ORDER

Appeals by Shariff A. from three orders of the Family Court, Kings County, dated June 10, 2004, October 12, 2004, and February 17, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on November 21, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32942

S/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-07515 In the Matter of Markia B. (Anonymous). Suffolk County Department of Social Services, respondent; Raniqua B. (Anonymous), appellant. (Docket No. N-5438-05)

DECISION & ORDER ON MOTION

Motion by Stephen R. Hellman, the attorney for the appellant, to be relieved from representing the appellant on an appeal from an order of the Family Court, Suffolk County, dated, July 22, 2005.

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

ORDERED that on the court's own motion the appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the above-entitled appeal as abandoned by filing an affidavit on that issue with the Clerk of this court on or before December 30, 2005; and it is further,

ORDERED that the motion by assigned counsel to be relieved is held in abeyance in the interim; and it is further,

 ORDERED that Stephen R. Hellman, Esq., is directed to serve a copy of this order to show cause on the appellant, at her last known address, and on the other parties to the appeal, by regular mail, on or before December 14, 2005, and shall file proof of service with the Clerk of this court.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32889

F/

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-10412 In the Matter of Jacques Berrouet, respondent, v Marcia Greaves, appellant. (Docket No. V-12573-03)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated October 3, 2005, as a poor person, and for the assignment of counsel.

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

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

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

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

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

Albino Testani, Esq.

90-50 Parsons Blvd. - Suite 401

Jamaica, New York 11432

(718) 224-2423

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32909

CF/

2005-10101 In the Matter of Kelvin C. (Anonymous), appellant. (Docket No. D-17362-04)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M32929

M/nal

2005-09589 In the Matter of Monique Clayburne, appellant, v Shawn Robinson, respondent. (Docket No. V-08081-05)

ORDER TO SHOW CAUSE

Appeal by Monique Clayburne from an order of the Family Court, Kings County, dated June 2, 2005. By scheduling order dated October 25, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) if the appellant was indigent and could not 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; or

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 25, 2005, 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 15, 2005; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32944

M/nal

2005-07173, 2005-07174 In the Matter of Dean Antonio Danvers, appellant, v Audrey M. Clarke, respondent. (Docket No. V-16563-03)

SCHEDULING ORDER

Appeals by Dean Antonio Danvers from two orders of the Family Court, Kings County, dated February 14, 2005, and April 13, 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 appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until December 30, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33031

Y/sl

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-07771 In the Matter of Daniel Dobbins, respondent, v Nancy Vartabedian, appellant. (Docket No. V-2596-98)

DECISION & ORDER ON MOTION

Appeal by Nancy Vartabedian from an order of the Family Court, Suffolk County, dated July 7, 2005. By order to show cause dated October 19, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 8, 2005, issued pursuant to 22 NYCRR 670.4(a)(2). Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for an enlargement of time to perfect the appeal.

Upon the order to show cause and the papers filed in response thereto, and upon the motion of the appellant pro se and no papers having been in opposition or relation thereto, it is

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

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied, with leave to renew on or before December 21, 2005, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, any and all sources of income, and all monthly expenses; and it is further,

 ORDERED that the branch of the motion which is for an enlargement of time to perfect the appeal is referred to the Clerk of this court to issue a scheduling order pursuant to section 22 NYCRR 670.4(a)(2) of the Rules of this court.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32924

A/sl

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-10540 In the Matter of East Islip High School, respondent, v Ian MacI. (Anonymous), appellant. (Docket No. S-3356-05)

DECISION & ORDER ON MOTION

Motion by Ian MacI. for leave to appeal to this court from an order of the Family Court, Suffolk County, dated October 25, 2005, and to stay the dispositional hearing in the above-entitled proceeding 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; and it is further,

ORDERED that on the court's own motion, the appeal taken as of right is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has been denied (see Family Ct Act § 1112).

COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32915

M/nal

2005-07923 In the Matter of Kwieise F. (Anonymous), a/k/a Kiueisi F. (Anonymous). Administration for Children's Services, et al., respondents; Gregory J. (Anonymous), appellant. (Docket No. B-15397/03)

ORDER TO SHOW CAUSE

Appeal by Gregory J. from an order of the Family Court, Kings County, dated July 22, 2005. By decision and order on motion of this court dated October 31, 2005 the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before November 28, 2005, or to inform the court of the name of his retained counsel. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for the appellant's failure to comply with the decision and order on motion dated October 31, 2005, 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 15, 2005; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32912

CF/

2005-08668 In the Matter of Lisa Friedman, appellant, v Eric Friedman, respondent. (Docket No. U-9568-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated August 2, 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

M32665

M/nal

2004-03009, 2004-10441, 2005-03177 In the Matter of Keith B. Greene, appellant, v Cindy Holmes, respondent. (Docket No. F-02012-95)

SCHEDULING ORDER

Appeals by Keith B. Greene from three orders of the Family Court, Orange County, dated March 10, 2004, September 24, 2004, and February 14, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on November 17, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32956

S/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-09125 In the Matter of Keith Greene, appellant, v Cindy Holmes, respondent. (Proceeding No. 1) (Docket No. F-2012-95) In the Matter of Keith Greene, appellant, v Cindy Holmes, respondent. (Proceeding No. 2) (Docket No. P-6305-04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 18, 2005, in the above-entitled matter is amended by deleting the caption thereof and substituting therefor the above-referenced caption.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32855

M/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-03390 In the Matter of Salvatore Morocco, appellant, v Tara Caporicci, respondent. (Docket No. V-11289-04)

DECISION & ORDER ON MOTION

Appeal by Salvatore Morocco from an order of the Family Court, Suffolk County, dated March 16, 2005. By order to show cause dated November 3, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 20, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated September 20, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32922

M/nal

2005-09613 In the Matter of Roslyn Nieves, respondent, v Michael Gordon, appellant. (Docket No. F-524-96)

ORDER TO SHOW CAUSE

Appeal by Michael Gordon from an order of the Family Court, Nassau County, dated August 1, 2005. By scheduling order dated October 25, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) if the appellant was indigent and could not 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; or

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 25, 2005, 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 15, 2005; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32947

S/sl

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-10765 In the Matter of Police Commissioner of City of New York, etc., appellant, v Victor Wilson, respondent. (Index No. 5920/05)

DECISION & ORDER ON MOTION

Appeal by Police Commissioner of City of New York from an order of the Supreme Court, Kings County, dated September 16, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable by right or by permission (see CPLR 5701; 5704).

COZIER, J.P., GOLDSTEIN, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32951

M/nal

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLION, JJ.

2005-07921 In the Matter of Brianna Jean R. (Anonymous). Westchester County Department of Social Services, respondent; Jason R. (Anonymous), appellant. (Docket No. B-06297-04)

DECISION & ORDER ON MOTION

Appeal by Jason R. from an order of the Family Court, Westchester County, dated August 1, 2005. By order to show cause dated November 7, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 22, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated September 22, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32940

M/nal

2004-07328, 2004-07329 In the Matter of Daisy Rodriguez, appellant, v Mark Guerra, respondent. (Docket No. V-10165-01)

SCHEDULING ORDER

Appeals by Daisy Rodriguez from two orders of the Family Court, Queens County, dated June 30, 2004, and July 15, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on November 22, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32919

M/nal

2002-00966 In the Matter of Orlando Rodriguez, respondent, v Elia Irizarry, appellant. (Queens County Docket No. V-2263-01) (Kings County Docket Nos. V-12542-96, V-12543-96)

SCHEDULING ORDER

Appeal by Elia Irizarry from an order of the Family Court, Queens County, dated January 2, 2002. The appellant's brief was filed in the office of the Clerk of this court on July 22, 2004. On January 24, 2005, the appellant informed this court that no supplemental brief will be filed. The respondent's and the law guardian's respective briefs were served and filed on November 18, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time to serve and file a reply brief on the appeal is enlarged until December 9, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32992

S/sl

2005-05238 In the Matter of Arthur Smyles, et al., appellants, v State of New York, et al., respondents. (Index No. 17160/04)

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, Nassau County, dated April 27, 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

M33014

Y/sl

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-02575 In the Matter of 10 Garvies Point Road Corp., petitioner, v City of Glen Cove Industrial Development Agency, respondent.

DECISION & ORDER ON MOTION

Motion by the respondent, in a proceeding pursuant to EDPL 204 and 207(a), to direct the petitioner to allow the respondent's agents to enter the subject property to take soil and water samples pending hearing and determination of the proceeding.

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, pending hearing and determination of the proceeding, the petitioner is directed to allow the respondent's agents to enter the subject property to take water and soil samples.

COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32946

M/nal

2005-05194 In the Matter of Donna Terjesen, respondent, v Andrew Terjesen, appellant. (Docket No. F-1304-01)

SCHEDULING ORDER

Appeal by Andrew Terjesen from an order of the Family Court, Richmond County, dated May 6, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 31, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 15 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32623

C/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-05620 In the Matter of Tatjana Vanjak, appellant, v Emil Pesa, respondent. (Index No. V-2296-98/05)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, for leave to reargue the appellant's motion, in effect, for leave to appeal to this court from an order of the Supreme Court, Richmond County, dated July 8, 2005, and to stay the respondent's visitation with the subject children pending hearing and determination of the appeal, which was determined by decision and order on motion of this court dated July 13, 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.

SCHMIDT, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32938

S/sl

ROBERT A. LIFSON, J.

2005-02421 The People, etc., plaintiff, v Norman B. Calvert, defendant. (Ind. No. 710/96)

DECISION & ORDER ON MOTION

Motion by the defendant to reargue an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated March 16, 2005, which was denied by me in a decision and order on application dated July 26, 2005.

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

ORDERED that the motion is denied.

ROBERT A. LIFSON

Associate Justice

Appellate Division : Second Judicial Department

M32908

F/

WILLIAM F. MASTRO, J.

2005-10024 The People, etc., plaintiff, v Gregory Chrysler, defendant. (Ind. No. 99-00650)

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 County Court, Orange County, dated September 30, 2005, 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.

WILLIAM F. MASTRO

Associate Justice

Appellate Division: Second Judicial Department

M32953

S/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

1993-04232, 1993-04233, 1993-04234 The People, etc., respondent, v Rory Dolan, appellant. (Ind. Nos. 697/91, 1002/91, 1556/91)

ORDER TO SHOW CAUSE

Appeals by the defendant from three judgments of the County Court, Suffolk County, all rendered May 27, 1993. By decision and order on motion dated October 19, 1993, the appellant's motion for poor person relief and the assignment of counsel was denied with leave to renew. The motion has not been renewed and the appeal has not been perfected.

On the court's own motion, it is

ORDERED that the appellant show cause before this court why an order should or should not be entered dismissing the appeal on the ground that he has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before December 30, 2005; 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 appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32933

CF/

2004-09503, 2004-09504 The People, etc., respondent, v Jason Forgetta, appellant. (Ind. Nos. 7402/01, 1900/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeals from two judgments of the Supreme Court, Kings County, both rendered October 6, 2004.

Upon the stipulation of the parties, dated November 7, 2005, it is

ORDERED that the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32952

S/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

1992-07174 The People, etc., respondent, v Roberto Garcia, appellant. (Ind. No. 2155/92)

ORDER TO SHOW CAUSE

Appeal by the defendant from a judgment of the Supreme Court, Queens County, rendered September 17, 1992. The appeal has not been perfected.

On the court's own motion, it is

ORDERED that the appellant show cause before this court why an order should or should not be entered dismissing the appeal on the ground that he has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before December 30, 2005; 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 appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M32995

F/

REINALDO E. RIVERA, J.

2005-09908 The People, etc., plaintiff, v Vaughn Gilmore, defendant. (Ind. No. 5495/82)

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 July 26, 2005, 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.

REINALDO E. RIVERA

Associate Justice

Appellate Division : Second Judicial Department

M32996

F/

A. GAIL PRUDENTI, P.J.

2005-09212 The People, etc., plaintiff, v Padraic Keating, defendant. (Ind. No. 483/95)

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, Richmond County, dated September 9, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

A. GAIL PRUDENTI

Presiding Justice

Appellate Division : Second Judicial Department

M32998

F/

A. GAIL PRUDENTI, P.J.

2005-08857 The People, etc., plaintiff, v Anthony Perkins, defendant. (Ind. No. 4082/92)

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, Queens County, dated July 25, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

A. GAIL PRUDENTI

Presiding Justice

Appellate Division : Second Judicial Department

M32906

F/

WILLIAM F. MASTRO, J.

2005-08944 The People, etc., plaintiff, v Tyrone Sutton, a/k/a Tyrone Wright, defendant. (Ind. No. 223/01)

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 August 23, 2005, 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.

WILLIAM F. MASTRO

Associate Justice

Appellate Division : Second Judicial Department

M32994

F/

REINALDO E. RIVERA, J.

2005-09988 The People, etc., plaintiff, v Ramon Vaquero, defendant. (Ind. No. 84-00989)

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, Westchester County, dated September 29, 2005, 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.

REINALDO E. RIVERA

Associate Justice

Appellate Division : Second Judicial Department

M32765

K/sl

MARK C. DILLON, J.

2005-08262 The People, etc., plaintiff, v Peter Villanueva, defendant. (Ind. No. 125N/04)

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 County Court, Nassau County, dated July 1, 2005, 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.

MARK C. DILLON

Associate Justice