Appellate Division: Second Judicial Department

M19162

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

HOWARD MILLER, JJ.

2004-07511 Nostalie Belfort, respondent, v 707 S. Associates, LLC, appellant. (Index No. 46618/01)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 11, 2004.

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

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19167

L/

2004-08315 Johanna Campbell, respondent-appellant, v Nesci Keane Piekarski Keogh & Corrigan, etc., et al., appellants-respondents. (Index No. 14823/01)

ORDER ON APPLICATION Application to Withdraw Cross Appeal

Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Westchester County, dated August 23, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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ORDERED that the application is granted and the cross appeal is marked withdrawn.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

M19164

L/

2004-10412, 2004-10413 Career Blazers Personnel Services, Inc., respondent, v Lizandra Vega-Brown, appellant. (Index No. 10108/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from a judgment of the Supreme Court, Westchester County, dated November 4, 2004, and an order of the same court dated October 15, 2004.

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

ORDERED that the application is granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19095

R/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-00660 Juanita Cruceta, et al., respondents, v Funnel Equities, Inc., appellant. (Index No. 03997/99)

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, Suffolk County, dated December 19, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19115

R/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-05530 George Dellon, appellant, v Jacqueline Dellon, respondent. (Index No. 5944/00)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated May 17, 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 appellant's time to perfect the appeal is enlarged until February 7, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19166

L/

2004-03096 Mahmoud Diarassouba, respondent, v William P. Urban, etc., defendant, Spencer Lubin, etc., et al., appellants. (Index No. 46674/98)

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 February 4, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M19063

R/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2004-01280 Focus Interactive, Inc., respondent, v Infospace, Inc., appellant. (Index No. 11873/03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered January 7, 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 denied as academic, as the appeal was timely perfected on December 6, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19102

R/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2004-03742 Grandell Rehabilitation and Nursing Center, Inc., appellant-respondent, v Victor Serby, et al., respondents-appellants. (Index No. 396/01)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated March 18, 2004, to enlarge the record on the appeal and cross appeal to include the affidavit of a certain expert.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19103

R/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2004-04185 Hyde Park Motor Company, Inc., appellant, v Mary Sucato, respondent. (Index No. 2039/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Dutchess County, dated March 17, 2004, in effect, for leave to reargue an application to enlarge the time to perfect the appeal, which was determined by order on application of this court dated November 15, 2004.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19141

PL/sl

2004-03818 Irina Izhak, et al., appellants, v New York City Transit Authority, respondent. (Index No. 32837/00)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated April 1, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 29, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19140

PL/sl

2003-09337 Rocco Mancini, et al., respondents, v Hardscrabble Commons Associates, et al., appellants. (Action No. 1) Joseph G. Scali, et al., appellants, v Rocco Mancini, et al., respondents. (Action No. 2) (Index No. 144/01)

ORDER ON APPLICATION

Application by the appellants 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, Dutchess County, entered September 15, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 21, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19159

L/

2004-07044 Rachel Marion, plaintiff-respondent, v Jamaica Ash & Rubbish Removal Company, Inc., et al., defendant third-party plaintiffs- appellants; Hofstra University, third-party defendant-respondent. (Index No. 3189/02)

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 4, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M19165

L/

2004-07781 Flosanna Morocco, respondent, v Mexpress, Inc., et al., defendants, D. Bertoline & Sons, Inc., et al., appellants. (Index No. 4591/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 10, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M19142

E/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-10065 Robert Peterson, respondent, v Adam Youngelman, appellant. (Index No. 19735/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated September 22, 2004, inter alia, to stay the trial in the above-entitled action pending 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 motion is denied.

PRUDENTI, P.J., RITTER, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19048

R/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2001-05144 Florence Price, appellant, v Brookdale Hospital Medical Center, et al., respondents (and a third-party action). (Index No. 17939/96)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondent Leroy B. Garner on an appeal from an order of the Supreme Court, Kings County, dated May 9, 2001, to dismiss the appeal as abandoned.

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

ORDERED on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the case has been settled; and it is further,

ORDERED that the motion is denied as academic.

S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19156

J/sl

2004-05050 Suffolk County, respondent, v Long Island Power Authority, et al., appellants. (Index No. 19890/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 26, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19143

E/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-03824 Jalah Welch, appellant, v Edward R. Lewis, defendant third-party plaintiff-respondent; Derrick Grant, et al., third-party defendant- respondents. (Index No. 5351/01)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Separate motions by the third-party defendant-respondent Derrick Grant and the third-party defendant-respondent U-Haul Company of Arizona to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 17, 2004, for failure to timely perfect the same.

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

ORDERED that the motions are granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

PRUDENTI, P.J., RITTER, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19151

PL/sl

2004-06660 White Bay Enterprises, Ltd., respondent, v Newsday, Inc., appellant. (Index No. 12537/98)

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, Queens County, dated June 25, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 6, 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

M19120

F/

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2004-07586 In the Matter of Craig Robert B. (Anonymous), Jr. a/k/a Craig B. (Anonymous). St. Christopher-Ottilie, petitioner-respondent; Craig B. (Anonymous), appellant, et al., respondent. (Docket No. B-6535-99)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the Law Guardian to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Queens County, dated August 16, 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 Law Guardian, Dorothy Land, Esq., 36 Plymouth Road, Rockville Centre, New York 11570, in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child:

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 227-0206

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19114

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-07986 In the Matter of Victoria LaChristian B. (Anonymous), a/k/a Victoria B. (Anonymous). St. Christopher-Ottilie, respondent; Connie Renee M. (Anonymous), appellant. (Docket No. B-24133-02)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated March 25, 2004, as a poor person, and for the assignment of counsel.

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

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

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

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

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

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11201

(718) 624-9391

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19105

R/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

PETER B. SKELOS

2004-07974 In the Matter of Jennifer L. Baum, respondent, v Daniel J. Papay, appellant. (Docket No. U-27-01)

DECISION & ORDER ON MOTION

Appeal by Daniel J. Papay from an order of the Family Court, Rockland County, dated August 3, 2004. By order to show cause dated November 9, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 23, 2004, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the appellant to withdraw the appeal.

Upon the papers filed in support of the application and the papers filed in response to the order to show cause, it is

ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,

ORDERED that the order to show cause is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19101

M/nal

2004-08931 In the Matter of Monique L. Boyke, respondent, v Yvette Boyke, appellant. (Docket No. O-14029/04)

ORDER TO SHOW CAUSE

Appeal by Yvette Boyle from an order of the Family Court, Kings County, dated September 10, 2004. By scheduling order dated October 25, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) 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, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 27, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19161

L/

2004-04043 In the Matter of Carolyn Brown, respondent, v New York State Temporary and Disability Assistance, respondent, New York City Human Resources Administration, appellant. (Index No. 15283/03)

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 January 30, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M19145

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-08922 In the Matter of Patsy Campo, respondent, v Isaac Chapman, appellant. (Docket Nos. V-16826-01, V-16827-01, V-17298-01, V-17299-01)

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

Motion by counsel assigned to represent the appellant in proceedings before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated September 22, 2004, and for leave to the appellant to prosecute the appeals as a poor person.

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

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

ORDERED that said counsel is directed to turn over all papers in the action to new counsel assigned herein; 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:

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 227-0206

and it is further,

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

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

PRUDENTI, P.J., RITTER, FISHER, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19139

C/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-01702 In the Matter of Congregation Bnai Solomon Zalman of Crown Heights, Inc., respondent, v Zev King, appellant. (Index No. 26210/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay his eviction from the subject premises pending the determination of an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated January 22, 2004.

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

ORDERED that the motion is denied as academic, in light of the determination of the appeal (see Matter of Congregation Bnai Solomon Zalman of Crown Heights v King, AD3d [Dec. 6, 2004]).

RITTER, J.P., H. MILLER, SCHMIDT, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19148

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-09055 In the Matter of Theresa Evans, appellant, v Uniqua Smith, et al., respondents. (Docket No. V-15169-03)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the attorney for the respondent Uniqua Smith to be relieved of an assignment to represent the respondent on an appeal from an order of the Family Court, Westchester County, dated August 17, 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 attorney for the respondent, Lawrence S. Horowitz, Esq., 20 Babbitt Road, Bedford Hills, New York 10607, is directed to turn over all papers in the action to the new attorney for the respondent herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney to represent the respondent Uniqua Smith:

William E. Penny, Esq.

10 Forest Lane

Scarsdale, New York 10583

(914) 472-5664

PRUDENTI, P.J., RITTER, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19146

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-09055 In the Matter of Theresa Evans, appellant, v Uniqua Smith, et al., respondents. (Docket No. V-15169-03)

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

Motion by the counsel assigned to represent the appellant in proceedings before the Family Court, Westchester County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Westchester County, dated August 17, 2004, and for leave to the appellant to prosecute the appeals as a poor person.

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

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

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

ORDERED that the 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:

Henry J. Neale, Esq.

222 Mamaroneck Avenue - Suite 302

White Plains, New York 10605

(914) 997-7575

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.

PRUDENTI, P.J., RITTER, FISHER, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19109

M/nal

2004-08924 In the Matter of Alicia Beth Falk, respondent, v Mark Charles Owen, appellant. (Docket No. F-13086-03)

ORDER TO SHOW CAUSE

Appeal by Mark Charles Owen from an order of the Family Court, Westchester County, dated August 24, 2004. By scheduling order dated October 21, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) 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 21, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 27, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19110

M/nal

2004-07961 In the Matter of Nicholas G. (Anonymous). Westchester County Department of Social Services, respondent; Anthony W. (Anonymous), appellant. (Docket No. AS-10719/04)

ORDER TO SHOW CAUSE

Appeal by Anthony W. from an order of the Family Court, Westchester County, dated August 9, 2004. By scheduling order dated September 23, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) 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 September 23, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 27, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19122

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-07399 In the Matter of James Gleason, appellant, v Stacy Gleason, respondent. (Docket No. F-10160-03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated July 14, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,

ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19157

J/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-00168 In the Matter of Donnell H. (Anonymous), appellant. (Docket No. D-12705/03)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to perfect an appeal from an order of the Family Court, Queens County, dated December 15, 2003.

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

ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until January 7, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

PRUDENTI, P.J., RITTER, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19100

M/nal

2004-07293 In the Matter of Esther M. Higgs-Green, etc., respondent, v James Higgs, appellant. (Proceeding No. 1) (Docket No. O-151-03) In the Matter of James Higgs, appellant, v Nanette Dixon, et al., respondents. (Proceeding No. 2) (Docket No. V-00269-03)

ORDER TO SHOW CAUSE

Appeal by James Higgs from an order of the Family Court, Dutchess County, dated May 18, 2004. By decision and order on motion of this court dated October 27, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before November 29, 2004. 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 proceedings 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 27, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19144

Y/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-08683 In the Matter of Laurie Keane, respondent, v Mitchel Kassman, appellant. (Docket No. F-2398-99)

DECISION & ORDER ON MOTION

Appeal by Mitchel Kassman from an order of the Family Court, Suffolk County, dated September 15, 2004. By order to show cause dated November 16, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated October 12, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated October 12, 2004 (see 22 NYCRR 670.4[5]).

PRUDENTI, P.J., RITTER, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19099

M/nal

2004-06254 In the Matter of Caleb P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dylan P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Misty P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Molly P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Sean P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Tyler P. (Anonymous). Orange County Department of Social Services, et al., respondents; Tabitha P. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-888/04, N-889/04, N-890/04, N-891/04, N-892/04, N-893/04)

ORDER TO SHOW CAUSE

Appeal by Tabitha P. from an order of the Family Court, Orange County, dated June 4, 2004. By scheduling order dated October 26, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 26, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 27, 2004; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19149

Y/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-04340 In the Matter of Joel P. (Anonymous), appellant. (Docket No. S-3115-03)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from an order of the Family Court, Rockland County, dated April 15, 2004.

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

ORDERED that the motion is granted, and the appeal will be calendared when it is fully perfected.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19104

R/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-03374 In the Matter of Dashawna R. (Anonymous). Family Support Systems Unlimited, Inc., et al., respondents; Lashawn R. (Anonymous), appellant. (Docket No. B-15876/02)

DECISION & ORDER ON MOTION

Appeal by Lashawn R. from an order of the Family Court, Queens County, dated March 10, 2004. By order to show cause dated September 20, 2004, issued pursuant to 22 NYCRR 670.4(a)(5), the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated June 10, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 10, 2004 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19147

M/nal

2004-04671 In the Matter of Katarzyna Sacharczuk, respondent, v Brendon Holder, appellant. (Docket No. F-01169-01)

SCHEDULING ORDER

Appeal by Brendon Holder from an order of the Family Court, Orange County, dated April 29, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19118

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-08579 In the Matter of Megan Nicole Loreen T. (Anonymous), a/k/a Megan T. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Connie Renee M. (Anonymous), a/k/a Connie Renee T. (Anonymous), a/k/a Connie M. (Anonymous), a/k/a Connie T. (Anonymous), appellant, et al., respondent. (Docket No. B-24131-02)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated March 25, 2004, as a poor person, and for the assignment of counsel.

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

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

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

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

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

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11201

(718) 624-9391

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19064

R/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2004-09526 In the Matter of Gregory Thompson, petitioner, v Barbara Zambelli, etc., et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.

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

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

ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).

The allegations of merit contained in the petitioner's affidavit in support of the motion fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19018

Y/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2004-08585 In the Matter of Ricky Joseph V. (Anonymous), a/k/a Ricky J. (Anonymous). Administration for Children's Services, et al., respondents; Luis Antonio V. (Anonymous), appellant. (Docket No. B-18669/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated August 20, 2004, as a poor person, for the assignment of counsel, and to stay enforcement of the order and any finalization of an adoption of the subject child pending the hearing and determination of the appeal.

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

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are granted; and it is further,

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

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

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

Matthew M. Lupoli, Esq.

167-16 Northern Blvd.

P.O. Box 580283

Flushing, New York 11358

(718) 539-0622

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; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19065

R/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2004-09258 In the Matter of Shawn West, petitioner, v People of State of New York, et al., respondents. (Index No. 5952/03)

DECISION & ORDER ON MOTION

Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.

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

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

ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).

The allegations of merit contained in the petitioner's affidavit in support of the motion fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19182

L/

2004-05082 In the Matter of Dennis J. Winter, appellant, v Christopher J. Cade, et al., respondents. (Index No. 6758/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 16, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or 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

M19150

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-09855 The People, etc., plaintiff, v Jorge R. Cordero, defendant. (Ind. No. 536/99)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered May 7, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., RITTER, FISHER, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 R 2048

Mohawk Corr. Fac.

6100 School Road - Box 8451

Rome, New York 13442

Appellate Division: Second Judicial Department

M19158

K/nl

FRED T. SANTUCCI, JJ.

2004-10439 The People, etc., respondent, v Joseph Elpenord, appellant. (Ind. No. 2923/03)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Nassau County , rendered December 1, 2004, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

Upon the papers filed in support of and in opposition to the motion and upon hearing the attorneys for the respective parties, it is

ORDERED that the motion is granted, execution of the judgment is stayed, and bail is set by the giving of an insurance company bail bond in the amount of $50, 000, or by depositing the same sum as a cash bail alternative; and it is further,

ORDERED that this stay shall terminate and be of no further effect 90 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal shall have been brought to argument or submitted to this court, or unless this court shall have extended this order; and it is further,

ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to begin the execution of sentence; and it is further,

ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken.

FRED T. SANTUCCI

Associate Justice

Appellate Division: Second Judicial Department

M19054

R/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

NANCY E. SMITH

STEVEN W. FISHER, JJ.

2002-09781 The People, etc., respondent, v Wayne Gaskin, appellant. (Ind. No. 1306/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered October 10, 2002.

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

ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before February 4, 2005; and it is further,

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

RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19045

R/sl

HOWARD MILLER, J.P.

SONDRA MILLER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2002-10986, 2003-08992 The People, etc., respondent, v Lonnie Jones, appellant. (Ind. No. 7421/01)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance consolidated appeals from a judgment of the Supreme Court, Kings County, rendered November 19, 2002, and an order of the same court dated September 10, 2003, pending hearing and determination of a motion to vacate the judgment of conviction pursuant to CPL article 440.

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

ORDERED that the motion is granted to the extent that the appellant's time to perfect the consolidated appeals by causing the original papers constituting the record on appeal to be filed in the office of the clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until April 4, 2005, and the original papers (including a certified transcript of the proceedings, if any) and the appellant's brief must be served and filed on or before that date; and it is further, ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19027

Y/sl

NANCY E. SMITH, J.P.

THOMAS A. ADAMS

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-01796 The People, etc., respondent, v Frankie Lee McCray, appellant. (Ind. No. 242/02)

DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Westchester County, rendered February 4, 2003, for assignment of new counsel, and for leave to file a supplemental brief. The appellant's motion to dispense with printing and for the assignment of counsel was granted on April 24, 2003, and the following named attorney was assigned to prosecute the appeal:

Stephen J. Pittari, Esq.

Legal Aid Society of Westchester Co.

One North Broadway, 9th Floor

White Plains, New York 10601

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

ORDERED that the branches of the motion which are to relieve assigned counsel and for the assignment of new counsel are granted, previously assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned to prosecute the appeal:

Edwin Winder, Esq.

c/o Media & Mamo, Esq.

95 Beekman Avenue

Sleepy Hollow, New York 10592

and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that on or before February 7, 2005, assigned counsel shall review the brief filed by the previous assigned counsel and advise this court in writing whether he will adopt the brief or will file a new brief or supplemental brief; and it is further,

ORDERED that the branch of the motion which is for leave to file a supplemental brief is denied without prejudice to renewal after newly-assigned counsel advises this court whether he will adopt the old brief or will file a new brief or supplemental brief.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19117

R/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2002-00315 The People, etc., respondent, v Charles Miloro, appellant. (Ind. No. 1614/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered December 20, 2001.

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 respondent's time to serve and file a brief is enlarged until December 23, 2004, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19061

R/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

NANCY E. SMITH

STEVEN W. FISHER, JJ.

1999-04230 The People, etc., respondent, v James M. Myron, appellant. (Ind. No. 850/97)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Rockland County, rendered March 26, 1999, on the ground that he failed to comply with a decision and order on motion of this court dated August 18, 2004, or in the alternative, to enlarge the time to serve and file a respondent's brief.

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 dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondent's brief is granted, the respondent's time to serve and file a brief is enlarged until February 4, 2005, and the respondent's brief must be served and filed on or before that date.

RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18344

F/

THOMAS A. ADAMS, J.

2004-08992 The People, etc., plaintiff, v Reginald Williams, defendant. (Ind. No. 84-00408)

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, Westchester County, dated August 6, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

THOMAS A. ADAMS

Associate Justice