Appellate Division: Second Judicial Department

M19325

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FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-10110, 2004-10111 Bankers Trust Company of California, N.A., etc., respondent, v Chaggrit Sawangkao, appellant, et al., defendants. (Index No. 5239/99)

DECISION & ORDER ON MOTION

Motion by Chaggrit Sawangkao on appeals from a judgment of the Supreme Court, Queens County, entered December 23, 1999, and an order of the same court dated March 31, 2004, for leave to appeal to this court from the judgment, and, in effect, for summary reversal of the judgment and the order.

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 from the judgment is denied; 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 no appeal lies from a judgment entered on the default of the aggrieved party (see CPLR 5511); and it is further,

ORDERED that the motion is otherwise denied.

SANTUCCI, J.P., LUCIANO, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19324

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2004-03162 Borovina & Marullo, PLLC, respondent, v Structured Assets Sales Group, LLC, appellant. (Index No. 17820/03)

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, Suffolk County, dated March 11, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 22, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19336

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2004-03536 Robert Brown, et al., plaintiffs-respondents, v City of New York, et al., defendants third-party plaintiffs-respondents; Raebeck Construction Corp., third-party defendant-appellant. (Index No. 38748/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 17, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 14, 2005, 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

M19315

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2004-00291 Ghassan Daoud, respondent, v Brooklyn Cultural Center of New York, Inc., d/b/a Al-Noor School, et al., appellants. (Appeal No. 1) 2004-05450 Ghassan Daoud, appellant-respondent, v Brooklyn Cultural Center of New York, Inc., d/b/a Al-Noor School, et al., respondents-appellants (Appeal No. 2) (Index No. 45367/01)

ORDER ON APPLICATION

Application by the appellants on an appeal from an order of the Supreme Court, Kings County, dated November 19, 2003 (Appeal No. 1), and the respondents-appellants on an appeal and cross appeal from an order of the same court dated April 12, 2004 (Appeal No. 2), pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.

ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal from the order dated April 12, 2004, is enlarged until February 11, 2005, and the record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

 ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal from the order dated April 12, 2004 (see 22 NYCRR 670.8[c][3]), and shall perfect the appeal from the order dated November 19, 2003, on or before March 11, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19319

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FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-03751 Duane Reade, respondent-appellant, v Block 247, LLC, appellant-respondent. (Index No. 13196/02)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated February 23, 2004, to enlarge the time to serve and file its answering brief, including its points of argument on the cross appeal.

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

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

ORDERED that the time of the respondent-appellant to serve and file its answering brief, including its points of argument on the cross appeal, is enlarged, and the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before December 28, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that no further enlargements of time shall be granted.

SANTUCCI, J.P., LUCIANO, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19334

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ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2004-04602, 2004-10426 E.W. Howell Co., Inc, et al., respondents, v Nu Beacon Erectors, Inc., et al., appellants. (Index No. 18680/01)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered April 26, 2004, to deem the notice of appeal from the order to be a premature notice of appeal from a judgment of the same court entered June 10, 2004, and to enlarge their time to perfect the appeal.

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

ORDERED that the branch of the motion which is to deem the notice of appeal from the order to be a premature notice of appeal from the judgment is denied as unnecessary, as the notice of appeal from the order is deemed by statute to also be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,

ORDERED that the branch of the motion which is for an enlargement of time is granted, the appellants' time to perfect the appeals is enlarged until February 7, 2005, and the record or appendix on the appeals and the appellants' brief shall be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19323

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ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-10279, 2004-10764, 2004-10765 Patricia M. Forster, plaintiff v Paul S. Forster, defendant. (Index No. 5294/04)

DECISION & ORDER ON MOTION

Motion by the defendant, in effect, inter alia, for leave to appeal to this court from an order of the Supreme Court, Richmond County, dated October 7, 2004, and from two transcripts of the same court dated October 1, 2004, and November 19, 2004, respectively, and to stay the trial in the above-entitled action pending the appeals.

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, in effect, for leave to appeal to this court from the order dated October 7, 2004, is denied on the ground that no appeal lies from an order determining a motion in limine (see Cotgreave v Public Administrator of Imperial County [Cal.], 91 AD2d 600); and it is further,

ORDERED that on the court's own motion, the appeal purportedly taken as of right from the order dated October 7, 2004, in the above-entitled action is dismissed without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to appeal from two transcripts dated October 1, 2004, and November 19, 2004, respectively, is denied, as no appeal lies from transcripts (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the motion is otherwise denied as acadmic.

FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19321

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2004-01650 Aric Hausknecht, etc., respondent, v Comprehensive Medical Care of New York, P.C., appellant. (Index No. 5854/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from a judgment of the Supreme Court, Nassau County, dated September 16, 2003.

ORDERED that the application is granted and the reply brief shall be filed on or before December 17, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19317

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2004-03826 Bibi Nohar, et al., respondents, v Jamaica Hospital Medical Center, defendant, Lorraine Williams, etc., appellant. (Index No. 4520/98)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 28, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19333

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FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-03155 Progressive International Co., respondent, v Varun Continental, Ltd., appellant. (Index No. 11223/02)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated March 4, 2004, to enlarge the record on appeal to include a sur-reply affirmation of Todd Kenyon with attached exhibits submitted in connection with a motion to vacate a default judgment and motion to quash a subpoena.

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

ORDERED that the motion is granted, and on or before January 5, 2005, the appellant shall serve and file a supplemental record containing the sur-reply affirmation of Todd Kenyon with attached exhibits submitted in connection with a motion to vacate a default judgment and motion to quash a subpoena.

SANTUCCI, J.P., LUCIANO, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19311

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2004-04626 Michelle Scartozzi, appellant, v Gino Scartozzi, respondent. (Index No. 30107/97)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated April 2, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 11, 2005, 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

M19316

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2004-03204 William F. Wright, appellant, v Elmwood Park Condo, II, et al., respondents. (Index No. 12155/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Richmond County, dated September 30, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 13, 2005, 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

M19335

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2004-08499, 2004-08501 In the Matter of Ray A. (Anonymous), Jr. St. Vincent's Services, petitioner-respondent; Marilyn R. (Anonymous), respondent-respondent; Monican Drinane, etc., nonparty-appellant. In the Matter of Marilyn Roslyn C. (Anonymous). St. Vincent's Services, petitioner-respondent; Marilyn R. (Anonymous), respondent-respondent; Monican Drinane, etc., nonparty-appellant. (Docket Nos. B-1853/01, B-1854/01)

ORDER ON APPLICATION Application to Withdraw Appeal

ORDERED that the order on application in the above-entitled proceedings dated December 1, 2004, is recalled and vacated and the following order on application is substituted therefor:

Application by the appellant on appeals from two orders of the Family Court, Queens County, both dated August 26, 2004 to withdraw the appeal from the order entered in the proceeding entitled Matter of Marilyn Roslyn C., and pending under Appellate Division Docket No. 2004-08501.

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 pending under Appellate Division Docket No. 2004-08501 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19320

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FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-04893 In the Matter of Michael Mantila, respondent, v Jennifer Mantila, appellant. (Docket No. V-3567/03)

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, Orange County, dated June 14, 2004, as a poor person, and for the assignment of counsel. 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 the scheduling order dated September 27, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in response to the order to show cause, it is

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

ORDERED that the motion is denied with leave to renew on or before January 3, 2005, upon the submission of proper papers, including information with respect to the appellant's earnings, expenses on the marital residence, and the source of funds used to pay the expenses.

SANTUCCI, J.P., LUCIANO, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19318

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2004-05153 In the Matter of Lazer Silberstein, et al., appellants, v Steven Greenstein, et al., respondents. (Index No. 36895/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated April 27, 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

M19314

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SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-03227 In the Matter of Amaury Villalobos, appellant, v Edwin Felician, etc., et al., respondents. (Index No. 2751/03)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to reargue a motion for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated November 5, 2003, as a poor person, which was determined by decision and order on motion of this court dated September 28, 2004, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is for reargument is granted, and upon reargument, the motion for leave to prosecute the appeal as a poor person is granted to the extent that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other, and the motion for leave to prosecute the appeal as a poor person is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal is enlarged until February 22, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time will be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court