Appellate Division: Second Judicial Department

M19453

CF/

2004-05581 Sevda Adzemovic, et al., respondents, v One Penn Plaza, LLC, et al., appellants, (and a third-party action). (Index No. 29830/02)

ORDER ON APPLICATION Application to Withdraw Appeal

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ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19415

S/sl

2004-05210 Hector Alcantara, respondent, v City of New York, et al., appellants, et al., defendants. (Index No. 30200/96)

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, Kings County, dated May 10, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 14, 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

M19426

R/sl

FRED T. SANTUCCI, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-01858 Shari Behar, etc., et al., plaintiffs-respondents, v Charles Coren, etc., et al., appellants, J. Lukan, etc., et al., defendants-respondents, et al., defendant. (Index No. 15800/00)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents to enlarge the time to serve and file a brief on appeals from an order of the Supreme Court, Nassau County, dated November 21, 2003, and cross motion by the appellant Charles Coren, and separate cross motion by the appellants James Markowitz, Anupama Chawla, and North Shore University Hospital, to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeals.

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

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

ORDERED that the plaintiffs-respondents' time to serve and file a brief is enlarged until January 3, 2005, and the plaintiffs-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the cross motions are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19433

J/sl

2004-04974 Manuel Castano, et al., appellants, v Jose M. Aguera, et al., respondents. (Index No. 19262/01)

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, Queens County, dated May 12, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 24, 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

M19431

J/sl

2004-02243 Jorge Chelli, respondent, v Banle Associates, LLC, defendant third-party plaintiff-appellant; P.N.M. Elevator Corp., third-party defendant-respondent. (Index No. 841/01)

ORDER ON APPLICATION

Application by the third-party defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, entered February 23, 2004.

ORDERED that the application is granted and the time of the third-party defendant-respondent to serve and file a brief is enlarged until February 7, 2005, and that 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

M19327

L/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-07647 Khadeem Clarke, etc., et al., respondents, v City of New York, respondent-appellant, Trocom Construction Corporation, appellant- respondent, et al., defendant. (Index No. 18462/99)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Queens County, dated August 4, 2003.

Upon the stipulation of the attorneys for the respective parties, dated December 1, 2004, it is

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

RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19457

J/sl

2004-03741 Companion Life Insurance Company, appellant, v All State Abstract Corp., et al., respondents. (Index No. 12117/03)

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, Nassau County, dated March 30, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 21, 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

M19407

R/sl

FRED T. SANTUCCI, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2002-03316 Credit-Based Asset Servicing and Securitization, LLC, respondent, v Marie Louis Chaudry, appellant, et al., defendants. (Index No. 6563/98)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Rockland County, dated March 13, 2002, which was determined by decision and order of this court dated April 21, 2003.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19364

J/sl

2004-05345 Fano Holdings, Inc., et al., respondents, v David P. Staudinger, appellant. (Index No. 377/04)

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, Westchester County, entered May 6, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 10, 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

M19403

S/sl

2004-09379 Green Bus Lines, Inc., etc., et al., respondents, v City of New York, defendant, Metropolitan Transportation Authority, appellant (and a related action). (Index No. 18770/04)

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, Queens County, dated October 20, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 3, 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

M19412

Y/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-10741 Incorporated Village of Hempstead, respondent, v Village Video, Inc., et al., appellants. (Index No. 16009/04)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to vacate a temporary restraining order of the Supreme Court, Nassau County, dated November 19, 2004, as extended by an order of the same court dated December 3, 2004, pending the hearing and determination of an appeal from the order dated December 3, 2004.

Upon the papers filed in support of the motion and the papers 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 as of right from an order which is not the result of a motion made on notice (see CPLR 5701[a][2]), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion is denied as academic.

RITTER, J.P., S. MILLER, GOLDSTEIN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19444

CF/

2004-07651 Sandra James, et al., appellants, v Stop & Shop Supermarket Company, respondent. (Index No. 3214/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated July 20, 2004.

Upon the stipulation of the parties, dated December 13, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19438

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

HOWARD MILLER, JJ.

2004-02552 Sharon Kelleher, etc., et al., respondents, v Eileen Marie Barr, etc., et al., appellants, Edward H. Glenn, etc., el al., defendants. (Index No. 3746/02)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 2, 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

M19440

J/sl

2004-07890 Robert L. Krat, et al., appellants, v Michael A. D'Amico, respondent. (Index No. 19412/99)

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, Suffolk County, dated July 13, 2004.

ORDERED that the application is granted and 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.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19446

J/sl

2004-05930 Amynah Laljee, respondent, v John A. Zambi, et al., appellants. (Index No. 2651/02)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 2, 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

M19432

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

HOWARD MILLER, JJ.

2004-08278 Felix McElroy, et al., respondents, v Kiewit Construction Co., et al., appellants. (Index No. 4420/01)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

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

Upon the stipulation of the attorneys for the respective parties, dated December 8, 2004, it is

ORDERED that the application is granted and the appeals are 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

M19442

CF/

2004-07572 Bernice Mener, et al., appellants, v Village of Scarsdale, respondent. (Index No. 21907/02)

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 July 27, 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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19450

CF/

2004-08161 Montfort Bros., Inc., respondent, v Fazio Masonry, Inc., et al., appellants. (Index No. 6112/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated July 30, 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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19423

J/sl

2004-07452 Michele Okin, respondent, v Roy Sears, Jr., appellant. (Index No. 3797/03)

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, Orange County, dated August 11, 2004.

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

M19424

R/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-09722 Iris Perez, appellant, v Mohamed Yousul Ali, et al., respondents. (Index No. 21489/01)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 15, 2004, on the ground that the appeal was not timely taken.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19416

S/sl

2004-04607 Barbara Popelaski, respondent, v William Popelaski, appellant. (Index No. 200636/03)

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, Nassau County, dated May 12, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 28, 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

M19418

J/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2003-09049 Riverside Capital Advisers, Inc., etc., plaintiff, Winchester Global Trust Company Limited, etc., respondent, v First Secured Capital Corporation, et al., appellants, et al., defendant; Thomas Donovan, et al., non-parties. (Appeal No. 1) 2004-01677, 2004-01678 Riverside Capital Advisors, Inc., etc., plaintiff- appellant, Winchester Global Trust Company Limited, respondent, v First Secured Capital Corporation,et al., defendants-appellants, Wet Resources Corporation, defendant; Thomas Donovan, et al., nonparty-appellants. (Appeals Nos. 2 and 3) (Index No. 20600/99)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on appeals from an order and judgment (one paper) of the Supreme Court, Nassau County, dated September 17, 2003, an order of the same court dated January 8, 2004, and an amended order and judgment (one paper) of the same court, dated February 3, 2004.

Upon the papers filed in support of the motion and the papers 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 January 6, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that on the court's own motion, the appellants' time to serve and file their respective reply briefs is enlarged, and the reply briefs shall be served and filed on or before February 3, 2005.

KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19445

CF/

2004-07909 Kelvis Salcedo, et al., respondents-appellants, v Waste Services of New York, Inc., appellant- respondent. (Index No. 6247/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent and the respondents-appellants to withdraw an appeal and a cross appeal from an order of the Supreme Court, Suffolk County, dated August 12, 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 and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19422

J/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2002-11250 Tatiana Samoilova, appellant, v Visiting Nurse Service of New York, et al., respondents. (Index No. 13483/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 6, 2004, in the above-entitled action is amended by deleting from the caption thereof the words "Index No. 9496/99," and substituting therefor the words "Index No. 13483/01."

RITTER, J.P., SMITH, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19425

J/sl

2004-05453 Trimmell Seymour, etc., et al., respondents, v New York City Health and Hospitals Corporation, etc., appellant. (Index No. 22000/03)

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 May 21, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 24, 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

M19447

CF/

2004-07364 Irina Sothern, appellant, v Leon Cooper, respondent. (Index No. 21433/02)

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 July 7, 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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19396

E/sl

FRED T. SANTUCCI, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-09796 Richard Stockley, etc., et al., appellants, v Igor Gorelik, et al., respondents. (Index No. 18174/04)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated October 7, 2004, to enjoin the respondents and their servants, agents or employees and all persons acting in concert with them from engaging in any construction, excavation, alterations, and installations to the common elements of the subject condominium, including but not limited to the structural portions and exterior walls of the building, and rear yard, and also including but not limited to the construction of a deck, balcony, or terrace on the second floor of the building pending hearing and determination of the appeal

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

ORDERED that the motion is granted and the respondents and their servants, agents or employees and all persons acting in concert with them are enjoined from engaging in any construction, excavation, alterations, and installations to the common elements of the subject condominium, including but not limited to the structural portions and exterior walls of the building and rear yard, and also including but not limited to the construction of a deck, balcony, or terrace on the second floor of the building pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 18, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 18, 2005, the court, on its own motion, may vacate the injunction, or the respondents may move to vacate the injunction, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19419

S/sl

2004-03990 Catherine Tighe, respondent, v Stilianos Kostoglou, appellant. (Index No. 10051/03)

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, Nassau County, dated March 23, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 23, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19448

CF/

2004-07363 Luz Velez, appellant, v Balbir Singh, et al., respondents. (Index No. 4379/02)

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 June 30, 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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19437

CF/

2004-04629 Albert C. Weisinger, appellant, v Wendy M. Weisinger, respondent. (Index No. 3439/86)

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 12, 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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19414

S/sl

2004-05090 Charles Dun-Zheng Yan, appellant, v Nancy Klein, et al., respondents. (Index No. 8004/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated May 5, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 4, 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

M19405

S/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2003-11454 In the Matter of Field Home-Holy Comforter, respondent-appellant, v Antonia Novello, etc., et al., appellants-respondents. (Appeal No. 1) 2004-03117 In the Matter of Field Home-Holy Comforter, respondent-appellant, v Antonia Novello, etc., et al., appellants-respondents, Wayne Osten, respondent-respondent. (Appeal No. 2) (Index No. 10232/99)

ORDER ON APPLICATION

Application by the appellants-respondents on appeals and cross appeals from a judgment of the Supreme Court, Westchester County, entered November 18, 2003, and an order of the same court dated March 1, 2004, pursuant to 22 NYCRR 670.8(d)(2), to enlarge the time to perfect the appeal from the order dated March 1, 2004.

ORDERED that the application is granted and the record and brief which was filed on the appeal from the judgment pending under Appellate Division Docket No. 2003-1145, which contains the material necessary to perfect the appeal from the order dated March 1, 2004, is deemed to also be the record and appellants-respondents' brief on the appeal from the order, and the appeal from the order is deemed timely perfected; and it is further,

 ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeals, on or before January 20, 2005 (see 22 NYCRR 670.8[c][3]).

RITTER, J.P., H. MILLER, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19456

S/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

SONDRA MILLER

STEVEN W. FISHER, JJ.

2004-05180 In the Matter of Darrell Johnson, petitioner, v Donna Minort, etc., respondent.

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 in the nature of mandamus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated July 29, 2004, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.

Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated July 29, 2004, it is

ORDERED that the proceeding is dismissed, without costs or disbursements.

PRUDENTI, P.J., RITTER, S. MILLER and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial DepartmentM19435

L/

HOWARD MILLER, J.P.

NANCY E. SMITH

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-02937, 2003-02938 In the Matter of Walter S. (Anonymous). Angel Guardian Home, et al., petitioners- respondents; Etta D. (Anonymous), a/k/a Etta S. (Anonymous), et al., respondents; Monica Drinane, etc., nonparty-appellant. (Docket No. B-15459/01) In the Matter of Valarie S. (Anonymous). Angel Guardian Home, et al., petitioners- respondents; Etta D. (Anonymous), a/k/a Etta S. (Anonymous), respondents; Monica Drinane, etc., nonparty-appellant. (Docket No. B-15460/01)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw appeals from two orders of the Family Court, Kings County, dated April 1, 2003, and April 3, 2003, respectively.

Upon the stipulation of the attorneys for the respective parties, dated December 2, 2004, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19458

S/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-05018 In the Matter of Robert Santiago, petitioner, v Ralph T. Gazillo, etc., respondent.

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 in the nature of mandamus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated July 30, 2004, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.

Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated July 30, 2004, it is

ORDERED that the proceeding is dismissed, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19399

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-07741 In the Matter of Madeline I. Sharp, etc., et al., appellants, v West Islip Public Schools, et al., respondents. (Index No. 21122/03)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated August 4, 2004, in effect, to amend so much of a decision and order on motion of this court, dated October 26, 2004, as conditioned a stay of enforcement of the order dated August 4, 2004, upon the perfection of the appeal on or before November 24, 2004. Separate motion by the respondent West Islip Union Free School District, inter alia, to vacate the stay.

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

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

ORDERED that the decision and order on motion of this court dated October 26, 2004, is amended by deleting from the decretal paragraphs thereof the date "November 24, 2004," and substituting therefor the date "March 2, 2005;" and it is further,

ORDERED that the motion of the respondent West Islip Union Free School District is denied.

FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19413

R/sl

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

SONDRA MILLER

STEVEN W. FISHER, JJ.

2004-08435 In the Matter of Stanley Taylor, petitioner, v Yvette Windley, respondent. (Docket No. V-24631/00) 2004-08436 In the Matter of John Dixon, petitioner, v Yvette Windley, respondent. (Docket No. V-07578/01)

DECISION & ORDER ON MOTION

Motion by the Law Guardian for the children in the above-entitled proceedings, inter alia, for leave to appeal to this court from two orders of the Family Court, Kings County, both dated September 24, 2004.

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

ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

RITTER, J.P., ALTMAN, S. MILLER and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19459

S/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-04870 In the Matter of DeAndre Williams, petitioner, v Barbara G. Zambelli, et al., respondents.

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 in the nature of prohibition. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated August 2, 2004, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.

Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated August 2, 2004, it is

ORDERED that the proceeding is dismissed, without costs or disbursements.

RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19305

F/

STEVEN W. FISHER, J.

2004-08905 The People, etc., plaintiff, v Ivan Benjamin a/k/a Irving Benjamin, defendant. (Ind. No. 4081/01)

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, Queens County, dated September 28, 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.

STEVEN W. FISHER

Associate Justice

Appellate Division: Second Judicial Department

M19304

F/

ROBERT A. LIFSON, J.

2004-09923 The People, etc., plaintiff, v Courtney Harris, defendant. (Ind. No. 00-00449)

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 October 27, 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.

ROBERT A. LIFSON

Associate Justice

Appellate Division: Second Judicial Department

M19411

S/sl

2003-02612 The People, etc., respondent, v Leonard Oliver, appellant. (Ind. No. 2661/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered March 19, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 22, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court