Appellate Division: Second Judicial Department

M19454

R/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

WILLIAM F. MASTRO, JJ.

2003-01925 Santo Artale, et al., respondents, v St. Francis Hospital, et al., appellants, et al., defendant. (Index No. 3275/98)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated December 9, 2002, which was determined by decision and order of this court dated August 23, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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., FLORIO, SCHMIDT and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19492

S/nal

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

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 14, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

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 appeal taken as of right from the order is dismissed, without costs or disbursements, as that appeal was untimely taken (see CPLR 5513); and it is further,

ORDERED that the motion is otherwise denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19476

PL/sl

2004-03317 Thomas Bartal, plaintiff-respondent, v 335 West 16th Street, LLC, defendant-appellant; Construction Unlimited, Inc., defendant first and second third-party plaintiff-respondent; CDA Group, LTD, third-party defendant-respondent; Samon Construction, second third-party defendant-respondent (and a third-party action). (Index No. 7713/00)

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 10, 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

M19504

L/

2004-05248 Joel Franklin Bing, appellant, v MTA Long Island Bus, respondent. (Index No. 25851/99)

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 26, 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

M19475

R/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-03330 Donna Carvalho, appellant, et al., plaintiffs, v New York Property Insurance Underwriters Association, et al., defendants; Weg and Myers, P.C., nonparty-respondent. (Action No. 1) (Index No. 18084/99) 2003-06411 North Fork Bank, respondent, v K. George Carvalho, defendant, Donna Carvalho, appellant. (Action No. 2) (Index No. 14263/01)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this court dated September 13, 2004, which dismissed appeals from two orders of the Supreme Court, Queens County, dated January 30, 2003, and July 11, 2003, respectively, and to reinstate the appeals.

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 branches of the motion which are to recall and vacate the decision and order on motion of this court dated September 13, 2004, which dismissed the appeals and to reinstate the appeals are denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

RITTER, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19410

C/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-04614 Citimortgage, Inc., f/k/a Citicorp Mortgage, Inc., plaintiff-respondent, v Amy Giordano, defendant-respondent, Nassau Asset Capital, LLC, nonparty-appellant. (Index No. 5482/01)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant on an appeal from an order of the Supreme Court, Nassau County, dated April 12, 2004, to stay the distribution of the surplus funds from the June 8, 2004, foreclosure sale of the real property located at 69 Trenton Avenue, East Atlantic Beach, New York, 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 distribution of the surplus funds from the June 8, 2004, foreclosure sale of the real property located at 69 Trenton Avenue, East Atlantic Beach, New York, is stayed, pending hearing and determination of the appeal; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file their briefs is enlarged until January 18, 2005, and the respondent's' briefs shall be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19466

PL/sl

2004-05340 Daniel Coleman, respondent, v Irene Coleman, appellant. (Index No. 7368/02)

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, Westchester County, dated April 12, 2004.

ORDERED that the application is granted and 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.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19468

A/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-02430 Miriam A. Collymore, appellant, v Secretary of Housing and Urban Development, et al., respondents. (Index No. 18896/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered January 20, 2004, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until February 8, 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 the record shall be in served and filed in accordance with 22 NYCRR 670.10.2, and, in the alternative, the appendix shall be served and filed in accordance with 22 NYCRR 670.10.2 (c); and it is further,

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

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on appeal is denied, without prejudice to renewal upon perfection of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19464

PL/sl

2004-05054 Susan Coyle, respondent, v Timothy Coyle, appellant. (Index No. 29072/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated May 25, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 23, 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

M19460

S/sl

2004-03298 Robin Cunningham, respondent, v Alexander Kings Plaza, LLC, et al., appellants, Fisher Development, Inc., defendant. (Appeal No. 1) 2004-08629 Robin Cunningham, respondent-appellant, v Alexander Kings Plaza, LLC, et al., defendants, The Gap, Inc., et al., appellants-respondents. (Appeal No. 2) 2004-08681 Robin Cunningham, respondent, v Alexander Kings Plaza, LLC, et al., defendants, The Gap, Inc., et al., appellants. (Appeal No. 3) (Index No. 33173/01)

ORDER ON APPLICATION

Application by the plaintiff pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals and a cross appeal from three orders of the Supreme Court, Kings County, two dated March 5, 2004, and one dated August 31, 2004.

ORDERED that the application is granted and the plaintiff shall serve and file her answering brief, including her points of argument on the cross appeal, on or before January 27, 2005 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19462

J/sl

2004-02909 Affif Douidi, respondent, v 104-106 Delancey Realty, LLC, et al., appellants. (Index No. 33691/00)

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 March 19, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 1, 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

M19502

S/nal

2004-03873 Chantelle Driever, et al., respondents, v Spackenkill Union Free School District, appellant. (Index No. 168/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Dutchess County, dated April 12, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 28, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19472

S/sl

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

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 14, 2004, in the above-entitled case is amended by adding thereto before the preamble the following:

"On the court's own motion, it is

ORDERED that its decision and order on motion dated December 7, 2004, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:"

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19499

S/nal

2004-02714 Elm Realty Associates, LLC, appellant-respondent, v Leben, LLC, et al., respondents-appellants. (Index No. 21512/02)

ORDER ON APPLICATION

Application by the respondents-appellants 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 31, 2003.

ORDERED that the application is granted and the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), on or before February 7, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19500

L/

2004-06220 Florencia Estrera, respondent, v Wyckoff Heights Medical Center, et al., appellants. (Index No. 25222/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Wyckoff Heights Medical Center to withdraw its appeal from an order of the Supreme Court, Queens County, dated May 27, 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 by Wyckoff Heights Medical Center is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19451

J/sl

2004-05326 Herman Frank, etc., et al., respondents, v Nathan's Famous, Inc., et al., defendants, National Union Fire Insurance Company, appellant. (Index No. 11511/93)

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, entered August 22, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 8, 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

M19461

J/sl

2004-04199 Wayne Garrison, et al., respondents, v James L. Wadleigh, et al., appellants, et al., defendants. (Index No. 1450/02)

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, Rockland County, dated April 28, 2004.

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

M19520

CF/

2004-06869 Sheron George, respondent, v City of New York, appellant. (Index No. 2379/01)

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 March 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

M19495

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

HOWARD MILLER, JJ.

2004-08619 Miriam Guillaume, respondent, v 2255 Bedford Development Associates, LP, et al., appellants. (Index No. 7631/02)

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, Kings County, dated September 15, 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

M19489

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

HOWARD MILLER, JJ.

2004-03985 David Hurrell, respondent, v Gloria Hewitt, appellant. (Index No. 11333/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 9, 2004.

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

M19469

PL/sl

2004-05848 Jita Jablons, et al., respondents, v Peak Health Club, Inc., appellant. (Index No. 3647/03)

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 June 22, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 1, 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

M19473

PL/sl

2004-07407 Melvyn Kaufman, et al., appellants, v State of New York, respondent. (Claim No. M 67716)

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 an order of the Court of Claims, dated April 7, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 24, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19493

L/

SONDRA MILLER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-08397, 2003-10659 Patricia Langdon, appellant-respondent, v Franklin T. Langdon, respondent, Volvo Finance North America, Inc., respondent-appellant. (Index No. 23984/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw appeals and cross appeals from an order of the Supreme Court, Suffolk County, dated September 9, 2003, and a judgment of the same court dated November 13, 2003.

Upon the stipulation of the attorneys for the respective parties, dated December 15, 2004, it is

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

S. MILLER, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19494

S/nal

2004-04122 Toby Migliacci, respondent, v Berke & Berke, et al., appellants. (Index No. 12610/03)

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 an order of the Supreme Court, Westchester County, dated March 25, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 28, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19503

S/nal

2004-01459 Nikki Murphy, et al., respondents, v State of New York, appellant. (Claim No. 66991)

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 Court of Claims, dated December 8, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 1, 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

M19478

Y/sl

SONDRA MILLER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-09029 Janine H. Nebons, respondent, v Leonard Nebons, appellant. (Index No. 33/91)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of a judgment of the Supreme Court, Nassau County, dated September 13, 2004, pending hearing and determination of an appeal therefrom, and for leave to prosecute the appeal on the original papers.

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

ORDERED that the motion is denied.

S. MILLER, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19455

J/sl

2004-06777 Dalen Palma, etc., et al., appellants, v Gerald DiMarco, et al., respondents. (Index No. 1222/03)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 28, 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

M19465

A/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-09177 Sherri Smith, et al., respondents, v Dariush Zargaroff, etc., et al., defendants, Paul Cutrofello, etc., appellant. (Index No. 1613/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 15, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19474

A/nal

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-05522 Keith Tomlin, Jr., et al., appellants, v F.M. Echevarria, et al., respondents. (Index No. 1696/01)

DECISION & ORDER ON MOTION

Motion by Finkelstein & Partners, LLP, counsel for the appellants, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Orange County, dated May 5, 2004, and to enlarge the appellants' time to perfect the appeal.

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

ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and Finkelstein & Partners, LLP, is relieved from representing the appellants with respect to the instant appeal; and it is further,

ORDERED that Finkelstein & Partners, LLP, is directed to serve all the appellants with a copy of this decision and order on motion, with notice of entry, by one of the methods specified in CPLR 2103(c), on or before December 30, 2004, and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that no further proceedings shall be taken against the appellants without leave of the court, until the expiration of 30 days after service upon it of a copy of this decision and order on motion; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted to the extent that the appellants' time to perfect the appeal is enlarged until January 31, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date, and that branch of the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19467

Y/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-03776, 2004-06491, 2004-07556 Wayne Tragni, et al., respondents, v Damon S. Tragni, appellant. (Index No. 04251/03)

DECISION & ORDER ON MOTION

Motion by the respondents to strike stated portions of the appendix on appeals from two orders of the Supreme Court, Westchester County, entered April 22, 2004, and June 25, 2004, respectively, and a judgment of the same court dated August 10, 2004, on the ground that they contain matter dehor the record.

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

M19490

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

HOWARD MILLER, JJ.

2004-03727 Kenneth Waldron, respondent, v Berkline Corporation, et al., defendants, The Furniture Doctors, appellant. (Index No. 10711/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 23, 2004.

Upon the stipulation of the attorneys for the respective parties, dated December 7, 2004, 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

M19441

L/

2004-07824 Gregory Wright, respondent, v New York Hospital Medical Cener of Queens, et al., appellants, et al., defendant. (Index No. 17444/01)

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 August 14, 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

M19491

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

HOWARD MILLER, JJ.

2004-02649 Cruz Zacaula, appellant, v PL Apartment Corporation, et al., respondents. (Index No.13728/01)

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, Westchester County, dated March 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

M19506

CF/

2004-05465 Ofer Zarzar, plaintiff, v Nina Sultan, defendant third-party plaintiff-respondent; Samuel Zarzar, etc., third-party defendant-appellant. (Index Nos. 50655/01, 75164/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 19, 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

M19417

C/sl

SONDRA MILLER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-07535 In the Matter of Allstate Insurance Company, appellant, v Ronald Esposito, respondent-respondent, et al., proposed additional respondents. (Index No. 22632/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the arbitration pending between the parties, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 14, 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.

S. MILLER, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19511

M/nal

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)

SCHEDULING ORDER

Appeal by Connie Renee M. from an order of the Family Court, Kings County, dated March 25, 2004. By decision and order on motion of this court dated December 8, 2004, the following attorney was assigned as counsel on the appeal:

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11201

(718) 624-9391

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated December 8, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.

Appellate Division: Second Judicial Department

M19429

C/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-08155 In the Matter of Dave Britton, appellant, v Ann Barwell, respondent. (Docket No. V-14543/02)

DECISION & ORDER ON MOTION

Appeal by Dave Britton from an order of the Family Court, Queens County, dated August 12, 2004. By order to show cause dated November 10, 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 30, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and no papers having been filed in opposition or relation 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 September 30, 2004 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19313

M/nal

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)

SCHEDULING ORDER

Appeal by Isaac Chapman from an order of the Family Court, Kings County, dated September 22, 2004. By decision and order on motion of this court dated December 8, 2004, the following attorney was assigned as counsel on the appeal:

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 227-0206

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated December 8, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19406

C/sl

DAVID S. RITTER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-02319 In the Matter of Thomas Antonio D. (Anonymous). Commissioner of the Administration for Children's Services of City of New York, appellant; Dennis D. (Anonymous), respondent. (Docket No. N-25129/99)

DECISION & ORDER ON MOTION

Motion by the appellant to stay so much of an order of the Family Court, Kings County, dated February 10, 2004, as allowed Dennis D. to have unsupervised visitation with the subject child, and to direct that all visitation shall be supervised, pending hearing and determination of an appeal therefrom. Separate motion by counsel assigned to represent Dennis D. in Family Court to be relieved and to assign new counsel to represent Dennis D. on the appeal. By decision and order on motion of this court dated November 5, 2004, the parties were directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the appeal has been rendered academic by an order of the Family Court, Kings County, dated September 21, 2004.

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

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements; and it is further,

 ORDERED that the motion to stay so much of the order as allowed Dennis D. to have unsupervised visitation with the subject child, and to direct that all visitation shall be supervised, pending hearing and determination of the appeal, and the separate motion by counsel assigned to represent Dennis D. in Family Court to be relieved and to assign new counsel to represent Dennis D. on the appeal are denied as academic.

RITTER, J.P., CRANE, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19420

C/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-06736, 2004-08053, 2004-08054, 2004-08055 In the Matter of Daniel W. Dobbins, respondent, v Nancy A. Vartabedian, appellant. (Docket No. F-01813-99)

DECISION & ORDER ON MOTION

Appeal by Nancy A. Vartabedian from four orders of the Family Court, Suffolk County, all dated July 1, 2004. By order to show cause dated November 5, 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated September 28, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the motion is granted, and the appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 28, 2004 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19512

M/nal

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

SCHEDULING ORDER

Appeal by James Gleason from an order of the Family Court, Nassau County, dated July 14, 2004. By decision and order on motion of this court dated December 8, 2004, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19428

C/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-08088 In the Matter of Robert Goodley, respondent, v Anita Hudgins, appellant. (Docket Nos. V-16/00, V-109/00)

DECISION & ORDER ON MOTION

Appeal by Anita Hudgins from an order of the Family Court, Richmond County, dated August 18, 2004. By order to show cause dated November 10, 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).

Now, on the court's own motion, and no papers having been filed in opposition or relation 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 September 23, 2004 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19509

M/nal

2003-10713 In the Matter of Daffodil Graham, respondent, v Michael White, appellant. (Docket No. V-11769/02)

SCHEDULING ORDER

Appeal by Michael White from an order of the Family Court, Westchester County, dated October 28, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 3, 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 respondent's time to serve and file a brief on the appeal is enlarged until January 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19430

C/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-04304 In the Matter of Angela J. Kraft, respondent, v Wayne D. Kraft, appellant. (Docket No. O-15057-03)

DECISION & ORDER ON MOTION

Appeal by Wayne D. Kraft from an order of the Family Court, Suffolk County, dated March 24, 2004. By decision and order of this court dated August 23, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before September 27, 2004. The appellant failed to do so. By order to show cause dated October 7, 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 order dated August 23, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the order dated August 23, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19515

M/nal

2004-08497, 2004-08498 In the Matter of Bibi F. Lallmohamed, respondent, v Saheed Lallmohamed, appellant. (Docket No. O-16950-03)

SCHEDULING ORDER

Appeals by Saheed Lallmohamed from two orders of the Family Court, Queens County, dated June 24, 2004, and September 21, 2004, respectively. By decision and order on motion of this court dated December 9, 2004, the following attorney was assigned as counsel on the appeals:

Diana Kelly, Esq.

90-50 Parsons Blvd. - Suite 401

Jamaica, New York 11432

(718) 428-2573

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

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

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

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

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated December 9, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19519

CF/

2004-10660 In the Matter of Long Island College Hospital, respondent; Mental Hygiene Legal Services, o/b/o Eva M. (Anonymous), appellant. (Index No. 300224/04)

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 December 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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19471

Y/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-10067 In the Matter of Ini S. (Anonymous), appellant; Silva S. (Anonymous), et al., respondents- respondents; Commissioner of the Administration for Children's Services of the City of New York, petitioner-respondent. (Proceeding No. 1) (Docket No. N-16271/01) In the Matter of Ice S. (Anonymous), appellant; Silva S. (Anonymous), et al., respondents- respondents; Commissioner of the Administration for Children's Services of the City of New York, petitioner-respondent. (Proceeding No. 2) (Docket No. N-11564/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Queens County, dated November 12, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted and enforcement of the order dated November 12, 2004, is stayed pending hearing and determination of the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19421

S/nal

2004-01682 In the Matter of Joseph A. Sbuttoni, deceased. Georgine Sbuttoni, etc., petitioner-respondent; Michael C. Mullins, appellant; Linda Kotecha, additional respondent. (File No. 1599/00)

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 Surrogate's Court, Westchester County, dated January 13, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19514

M/nal

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)

SCHEDULING ORDER

Appeal by Connie Renee M. from an order of the Family Court, Kings County, dated March 25, 2004. By decision and order on motion of this court dated December 8, 2004, the following attorney was assigned as counsel on the appeal:

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11201

(718) 624-9391

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

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated December 8, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.

Appellate Division: Second Judicial Department

M19498

S/nal

2003-08799 In the Matter of Town of Eastchester, et al., petitioners, v New York State Board of Real Property Services, respondent.

ORDER ON APPLICATION

Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief in a proceeding pursuant to CPLR article 78.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19501

S/nal

2004-07751 The People, etc., appellant, v Norman Barabash, respondent. (Ind. No. 16/04)

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 County Court, Dutchess County, dated August 5, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 18, 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

M19463

J/sl

2000-09704 The People, etc., respondent, v Jerry Lee Brims, Jr., appellant. (Ind. No. 99-00471)

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 County Court, Rockland County, rendered September 28, 2000.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 15, 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

M19496

S/nal

2001-00532 The People, etc., respondent, v Kurt Chilcott, appellant. (Ind. No. 46/00)

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, Dutchess County, rendered November 20, 2000.

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

M19480

Y/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

NANCY E. SMITH

STEVEN W. FISHER, JJ.

2000-03015 The People, etc., respondent, v John Morgano, appellant. (Ind. No. 99-00495)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file exhibits to his supplemental brief on an appeal from a judgment of the County Court, Westchester County, rendered March 14, 2000, and for leave to serve and file a supplemental reply brief.

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

ORDERED that the branch of the motion which is for leave to serve and file exhibits is granted; and it is further,

ORDERED that on or before February 7, 2005, the appellant shall serve and file the exhibits previously submitted to this court on or about October 26, 2004; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19470

PL/sl

2002-07333 The People, etc., respondent, v Kevin Taylor, appellant. (Ind. No. 2002/94)

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 County Court, Rockland County, rendered July 10, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 19, 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

M19409

C/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2004-08249 The People, etc., respondent, v Dennis Wellington, appellant. (Ind. No. 253/87)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the Supreme Court, Richmond County, rendered May 31, 1998. By decision and order on motion of this court dated November 3, 2004, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal as abandoned.

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 appeal is dismissed as abandoned (see 22 NYCRR 670.8[f]).

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

ENTER:

James Edward Pelzer

Clerk of the Court