Appellate Division: Second Judicial Department

M19624

CF/

2004-07669 Beacon City School District, et al., appellants, v Tudor Insurance Company, et al., respondents. (Index No. 20229/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 9, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M19654

CF/

2004-07967 Beaver Brook Beacon, LLC, appellant, v Ornstein Layton Realty, LLC, et al., respondents. (Index No. 1544/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated August 5, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M19639

CF/

2004-07022 Gustavo Casado, respondent, v Elleyhe Casado, appellant. (Index No. 202740/00)

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 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M19642

PL/sl

2004-09386 Eliu Chape, et al., plaintiffs-respondents, v Isata, LLC, defendant-respondent; Cava Construction Co., defendant third-party plaintiff-respondent; Geal Tech Remodeling Corp., third-party defendant-respondent, Utica First Insurance Company, third-party defendant-appellant (and a third party action). (Index No. 26558/01)

ORDER ON APPLICATION

Application by the defendant-respondent Isata, LLC 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 August 31, 2004.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until January 20, 2005, and the movant'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

M19649

CF/

2004-07150 Ann Colavito, appellant, v City of New Rochelle, et al., respondents. (Index No. 1741/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 25, 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

M19661

L/

2004-03133 Juanta Evans, respondent, v Franklin Hospital Medical Center, et al., defendants, Winston Cobbs, etc., appellant. (Index No.15602/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 24, 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

M19669

CF/

2004-05873 Simone Faustin, respondent, v Barrington Miller, et al., appellants. (Index No. 16431/02)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M19664

Y/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-01236 Elizabeth Frett, respondent, v New York City Transit Authority, respondent-appellant, Isabelle Skeete, appellant-respondent. (Index No. 11958/98)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 23, 2004, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by the appellant-respondent, on an appeal and cross-appeal from a judgment of the Supreme Court, Kings County, entered January 27, 2004, to enlarge the time to perfect the appeal.

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

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

ORDERED that the time of the appellant-respondent, to perfect the appeal is enlarged until December 27, 2004, and the record or appendix on the appeal and the brief of the appellant-respondent must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19632

CF/

2004-07902 Lillian Greene, respondent, v Town of Islip, et al., defendants, Top Quality Woodwork Corp., appellant. (Index No. 23453/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 14, 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

M19633

S/sl

2004-07224 Ada Guzman, et al., respondents, v Iceland, appellant, et al., defendants. (Index No. 10925/00)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Nassau County, dated July 1, 2004.

ORDERED that the application is granted and the respondents' time to file a brief is enlarged until December 30, 2004, and the respondents' brief must be filed on or before that date; and it is further,

ORDERED that the reply brief, if any, shall be served and filed on or before January 10, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19615

S/sl

2004-03246, 2004-06505 Joanne Hering, etc., et al., plaintiffs-respondents, v Lighthouse 2001, LLC, et al, appellants, Wonder Works Construction Corp., et al., defendants-respondents, et al., defendant. (Index No. 7423/00)

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, Nassau County, dated March 26, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 30, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19647

CF/

2004-07795 Sandra Jacobson, appellant, v Metropolitan Transportation Authority, et al., respondents. (Index No. 12528/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 6, 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

M19635

PL/sl

2004-05974 Kevin Josephson, et al., respondents, v John Kirkman, et al., defendants, Merrit Realty, et al., appellants. (Index No. 15312/02)

ORDER ON APPLICATION

Application by the appellant Julia B. Free Real Estate 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, dated June 9, 2004.

ORDERED that the application is granted and the movant's time to perfect the appeal is enlarged until February 23, 2005, and the joint record or appendix on the appeal and the movant'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

M19662

CF/

2004-05481 Kenmore Property, LLC, appellant, v 2101 Church Equities, L.L.C., et al., respondents. (Index No. 47867/02)

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 April 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

M19663

CF/

2004-05663 Vincent LoGuidici, et al., respondents, v Long Island Power Authority, et al., appellants. (Index No. 12011/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Village of Lynbrook to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 21, 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 by Village of Lynbrook is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19648

PL/sl

2004-05833 Yin Y. Lung, respondent, v Kamara Mabutu, appellant, et al., defendants. (Index No. 29817/00)

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, Queens County, dated June 1, 2004.

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

M19667

CF/

2004-06270 Mack-Cali Taxter Associates, LLC, appellant, v Vista Business Products, Inc., respondent. (Index No. 3395/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19660

M/nal

2004-05813, 2004-07449 Paul J. Montuori, appellant, v Joan Roth, f/k/a Joan Montuori, respondent. (Appeal No. 1) (Index No. 96-25857) In the Matter of Joan C. Roth, respondent, v Paul Montuori, appellant. (Appeal No. 2) (Docket No. F-19967-03)

ORDER TO SHOW CAUSE

Appeals by Paul Montuori from an order of the Supreme Court, Suffolk County, dated June 1, 2004, and an order of the Family Court, Suffolk County, dated July 19, 2004. By scheduling order dated October 18, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling order dated October 18, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before January 10, 2005; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19668

CF/

2004-05434 Angelo Nichols, et al., respondents, v Atlas Construction, Inc., et al., appellants-respondents, Donaldson Acoustics, Inc., et al., respondents- appellants (and a third-party action). (Index Nos. 39805/93, 73480/94, 74509/94)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants-respondents and the respondents-appellants to withdraw an appeal and cross appeals from an order of the Supreme Court, Kings County, dated May 19, 2004.

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

ORDERED that the applications are granted and the appeal and cross appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19644

CF/

2004-06337 Dipti Patel, appellant, v Sanjay M. Patel, respondent. (Index No. 202776/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 24, 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

M19611

M/nal

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-08289 Theresa Katherine Peluso, respondent, v Edward Daniel Peluso, appellant. (Index No. 28791/00)

DECISION & ORDER ON MOTION

Appeal by Edward Daniel Peluso from an order of the Supreme Court, Queens County, dated August 11, 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 28, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

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

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 1, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19328

F/

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-08289 Theresa Katherine Peluso, respondent, v Edward Daniel Peluso, appellant. (Index No. 28791/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated August 11, 2004, as a poor person, and for the assignment of counsel.

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 proceed on the original papers is granted, and the appeal shall 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 it is further,

ORDERED that those branches of the motion which are for a copy of the transcript without charge, to waive payment of the filing fee, and for the assignment of counsel are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19674

O/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-05053 Rappaport, Glass, Greene & Levine, LLP, respondent, v Michael D. Tryon, etc., appellant, et al., defendants. (Index No. 25056/00)

DECISION & ORDER ON MOTION

Application by the appellant to enlarge the time to perfect an appeal from an order of the County Court, Suffolk County, dated May 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, pursuant to NY Constitution article VI, § 8(d), and 22 NYCRR 730.1(c)(1), (d), the appeal in the above-entitled action and the pending application are transferred to the Appellate Term for the Ninth and Tenth Judicial Districts, for hearing and determination; and it is further,

ORDERED that all further proceedings in connection with this appeal shall be conducted pursuant to the rules of the Appellate Term for the Ninth and Tenth Judicial Districts.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19617

CF/

2004-06304 Loretta Susan Slavin, appellant, v Dennis Begley, et al., respondents. (Index No. 22054/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M19623

CF/

2004-09173 Lori Smith, plaintiff-respondent, v Delores Reynolds, et al., respondents, Kelly A. Basilicato, appellant. (Index No. 4593/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 20, 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

M19651

CF/

2004-05989 Speonk Lumber Corporation, respondent, v Thomas Ackerson, etc., appellant. (Index No. 26550/00)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated June 15, 2004.

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

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19631

CF/

2004-09122 Thanatos, Inc., respondent, v Valentino's Pizza Time Restaurant Corporation, et al., appellants. (Index No. 26077/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 17, 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

M19616

S/sl

2004-03759 21 Lizensky Corporation, respondent, v Yeshaiya Benyamin Spillman, appellant. (Index No. 7297/03)

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 March 15, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 18, 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

M19677

CF/

2004-10712 Vasiliki Velentzas, et al., respondents, v Helms Bros., Inc., et al., appellants. (Index No. 25295/03)

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 October 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

M19665

CF/

2004-09350 Howard Weintraub, et al., respondents, v Michael P. Servodidio, appellant. (Index Nos. 19648/02, 5289/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M19658

M/nal

2003-10783 In the Matter of Brittney (Anonymous). Lisa Z. (Anonymous), et al., respondents; Frederick C. (Anonymous), appellant. (Proceeding No. 1) (Docket No. A-2745-03) 2004-01792 In the Matter of Lisa Z. (Anonymous), et al., respondents v Frederick C. (Anonymous), appellant. (Proceeding No. 2) (Docket No. V-4863-96)

SCHEDULING ORDER

Appeals by Frederick C. from two orders of the Family Court, Dutchess County, dated November 3, 2003 (Appellate Division Docket No. 2003-10783), and January 29, 2004 (Appellate Division Docket No. 2004-01792), respectively. The appellant's brief was filed in the office of the Clerk of this court on December 17, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19579

M/nal

2004-03256 In the Matter of Jamel A. (Anonymous), appellant. (Docket No. D-1236/03)

SCHEDULING ORDER

Appeal by Jamel A. from an order of the Family Court, Richmond County, dated February 26, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 10, 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 brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19571

M/nal

2004-01829, 2004-01920 In the Matter of Justin Henry B. (Anonymous). St. Vincent's Services, respondent; Tawana C. (Anonymous), appellant. In the Matter of Fantaisha Niasha Patricia C. (Anonymous). St. Vincent's Services, respondent; Tawana C. (Anonymous), appellant. (Docket Nos. B-13439/00, B-13440/00)

SCHEDULING ORDER

Appeals by Tawana C. from two orders of the Family Court, Kings County, both dated January 16, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 13, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19574

M/nal

2004-03883 In the Matter of Myles B. (Anonymous). Sonia Barcarcel, nonparty-appellant. (Docket No. D-21413/03)

SCHEDULING ORDER

Appeal by Sonia Barcarcel from an order of the Family Court, Queens County, dated February 10, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until January 13, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19585

M/nal

2004-09536, 2004-09537, 2004-09538 In the Matter of Irene Byrne, petitioner-respondent, v Deirdre Multari, appellant, et al., respondent. (Proceeding No. 1) (Docket Nos. V-0539-04, V-540-04) In the Matter of Deirdre Multari, appellant, v Irene Byrne, respondent. (Proceeding No. 2) (Docket No. V-642-04)

ORDER TO SHOW CAUSE

Appeals by Deirdre Multari from three orders of the Family Court, Westchester County, all dated September 30, 2004. By scheduling order dated November 8, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with the scheduling order dated November 8, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before January 10, 2005; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19565

M/nal

2004-06835 In the Matter of Susanne R. Calvello, appellant, v Angelo A. Calvello, respondent. (Docket No. F-0110-01)

SCHEDULING ORDER

Appeal by Susanne R. Calvello from an order of the Family Court, Westchester County, dated July 6, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 16, 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 brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19523

PL/sl

2004-05256 In the Matter of County of Nassau, appellant; Zorc & Chase, respondent. (Index No. 3360/04)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellant's brief which was submitted to the Clerk of this court on December 16, 2004, is accepted for filing; and it is further,

ORDERED that the respondents shall serve and file their brief on or before January 20, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19566

M/nal

2004-06036 In the Matter of Sheree Denham, respondent, v Steven Kaplan, appellant. (Docket No. U-758/02)

SCHEDULING ORDER

Appeal by Steven Kaplan from an order of the Family Court, Richmond County, dated June 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 15, 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 brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19572

M/nal

2004-07623 In the Matter of Saquan Lyarkim E. (Anonymous), a/k/a Saquan E. (Anonymous), a/k/a Saquan E. (Anonymous), Jr. Child Development Support Corporation, petitioner- respondent; Saquan E. (Anonymous), Sr., appellant, et al., respondent. (Docket No. B-929/03)

SCHEDULING ORDER

Appeal by Saquan E., Sr., from an order of the Family Court, Queens County, dated May 7, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 14, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19637

CF/

2004-09408 In the Matter of Empire/Allcity Insurance Company, appellant, v Maria Enright, etc., et al., respondents. (Index No. 10251/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 31, 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

M19609

M/nal

2004-09055 In the Matter of Theresa Evans, appellant, v Uniqua Smith, et al., respondents. (Docket Nos. V-15169-03, V015172-03)

SCHEDULING ORDER

Appeal by Theresa Evans from an order of the Family Court, Westchester County, dated August 17, 2004. By decision and order of this court dated December 8, 2004, the following attorney was assigned as counsel on the appeal:

Henry J. Neale, Esq.

222 Mamaroneck Avenue - Suite 302

White Plains, New York 10605

(914) 997-7575

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

M19634

PL/sl

2004-06552 In the Matter of Michael Flournoy, appellant, v Kings County District Attorney's Office, respondent. (Index No. 7366/04

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, Kings County, dated May 10, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 20, 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

M18259

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

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

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Orange County, dated March 10, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal and to waive settlement of the transcript, and separate motion by the appellant for leave to prosecute the appeal as a poor person, to waive the filing fee, and to enlarge the time to perfect the appeal.

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

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and to waive the filing fee are denied; and it is further,

ORDERED that the branch of the motion which is to waive certification of the record is granted on condition that (1) the appellant pay the filing fee on or before January 26, 2005, and (2) obtain, settle, and serve and file the transcripts of the hearing before the Support Magistrate in the above-entitled proceeding on or before January 26, 2005; 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 record on appeal and brief submitted to the Clerk of this court are accepted for filing on condition that the appellant are pay the filing fee and settle the transcript on or before January 26, 2005.

ORDERED that the branch of the motion which is to waive settlement of the transcript is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19570

M/nal

2004-08688 In the Matter of Jane Grosso, respondent, v Michael Grosso, appellant. (Docket No. F-20666-03)

SCHEDULING ORDER

Appeal by Michael Grosso from an order of the Family Court, Suffolk County, dated August 26, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until January 10, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19569

M/nal

2003-02180, 2003-02799, 2003-07972 In the Matter of Jehuda Ish-Shalom, appellant, v Veronica Wittmann, respondent. (Docket Nos. V-695/97, V-696/97)

SCHEDULING ORDER

Appeals by Jehuda Ish-Shalom from two orders of the Family Court, Westchester County, both entered February 6, 2003, and an order of the same court entered July 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 24, 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 law guardian'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

M19517

Y/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-04364 In the Matter of Mark Kaminsky, appellant, et al., petitioners-plaintiffs, v Village of Briarcliff Manor, et al., respondents. (Index No. 03-16638)

DECISION & ORDER ON MOTION

Motions by the Village respondents and the respondent Heather B. McVeigh, respectively, to dismiss an appeal from an order of the Supreme Court, Westchester County, dated May 11, 2004, on the grounds that the appendix is inadequate and the appeal was not timely perfected, or, in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that on the court's own motion, the appellant's appendix and brief are stricken; on or before January 24, 2005, the appellant shall serve and file eight additional copies of the record which was submitted with his opposition papers, and a replacement brief with supporting references to the record (see 22 NYCRR 670.10.3 [g][2][iii]); and it is further,

ORDERED that the branch of the respondents' motions which are to enlarge time are granted, the respondents' time to serve and file a brief is enlarged until February 21, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motions are otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19578

M/nal

2004-08327 In the Matter of Donna Kirdahy, respondent, v Joseph E. Scalia, appellant. (Docket No. F-524-99)

SCHEDULING ORDER

Appeal by Joseph E. Scalia from an order of the Family Court, Suffolk County, dated August 16, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until January 20, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19581

M/nal

2004-05637, 2004-05638 In the Matter of Christopher L. (Anonymous). Suffolk County Department of Social Services, et al., respondents; Barbara L. (Anonymous), appellant. (Docket No. N-1951-04)

SCHEDULING ORDER

Appeals by Barbara L. from two orders of the Family Court, Suffolk County, dated May 5, 2004, and June 7, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on December 10, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19573

M/nal

2004-03893 In the Matter of Deionte L. (Anonymous). Administration for Children's Services, respondent; Lisa L. (Anonymous), appellant. (Docket No. N-16113-03)

SCHEDULING ORDER

Appeal by Lisa L. from an order of the Family Court, Queens County, dated April 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 13, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19636

CF/

2004-05564 In the Matter of Anthony Leopizzi, et al., appellants, v Assesor of Town of Greenburgh, respondent. (Index No. 788/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated May 18, 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 DepartmentM19330

F/

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-05797, 2004-08929 In the Matter of Eric M. Levande, respondent, v Devorah Levande, appellant. (Docket No. V-8150-03) 2004-07792 In the Matter of Devorah Levande, appellant, v Eric M. Levande, respondent. (Docket No. V-8150-03/04E)

DECISION & ORDER ON MOTION

Motion by the respondent pro se on appeals from an amended order of the Family Court, Queens County, dated June 28, 2004, and two orders of the same court, dated August 31, 2004, and October 5, 2004, respectively, for leave to defend the appeals as a poor person, and for the assignment of counsel.

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 leave to renew on or before January 31, 2005, upon proper papers, including the respondent's affidavit setting forth the respondent's full financial situation including all assets, both real and personal, as well as any and all sources of income, expenses, and any ownership interest in real property in New York, Pennsylvania and Florida.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19436

F/

FRED T. SANTUCCI, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-07963 In the Matter of Charles Linksman, appellant, v Deborah Linksman, respondent. (Docket No. F-5595-03)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated August 18, 2004, as a poor person, and for the assignment of counsel.

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

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

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

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

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

Maryann T. Reiss, Esq.

c/o Domenik Veraldi, Jr.

One Suffolk Square - Suite 530

Islandia, New York 11749

(631) 234-5558

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19614

M/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-05924 In the Matter of Frankie Lopez, appellant, v Jannette Hernandez, respondent. (Docket No. P-06244-92)

DECISION & ORDER ON MOTION

Appeal by Frankie Lopez from an order of the Family Court, Kings County, dated June 15, 2004. By order to show cause dated October 29, 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 24, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

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

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 1, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19505

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-05924 In the Matter of Frankie Lopez, appellant, v Jannette Hernandez, respondent. (Docket No. P-6244-92)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated June 15, 2004, as a poor person, and for the assignment of counsel.

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19628

S/sl

2004-05660 In the Matter of Matco-Norca, Inc. Immanuel Matz, appellant; Dov Matz, et al., respondents. (Matter No. 1) (Index No. 3133/02) Immanuel Matz, appellant, v Dov Matz, et al., respondents. (Matter No. 2) (Index No. 13365/02)

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, Nassau County, dated May 20, 2004.

ORDERED that the application 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.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19567

M/nal

2004-05382 In the Matter of Maegan Mc. (Anonymous). Nassau County Department of Social Services, respondent; Marguerite Mc. (Anonymous), et al., appellants. (Docket No. N-09067-03)

SCHEDULING ORDER

Appeal by Marguerite Mc. and Michael Mc. from an order of the Family Court, Nassau County, dated May 11, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until January 17, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19563

M/nal

2004-02595, 2004-02618 In the Matter of John N. (Anonymous), Jr. Administration for Children's Services, respondent; John N. (Anonymous), Sr., et al., appellants. In the Matter of Rahjeen N. (Anonymous). Administration for Children's Services, respondent; John N. (Anonymous), Sr., et al., appellants. In the Matter of Angel N. (Anonymous). Administration for Children's Services, respondent; John N. (Anonymous), Sr., et al., appellants. (Docket Nos. N-25040/02, N-25041/02, N-25042/02)

SCHEDULING ORDER

Appeals by John N. and Monique D. from two orders of the Family Court, Kings County, both dated March 5, 2004. The appellants' respective briefs were filed in the office of the Clerk of this court on December 15, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19626

CF/

2004-08965 In the Matter of Shawn P. (Anonymous), respondent, v Wayne D. (Anonymous), appellant. (Docket No. P-1577-04)

ORDER ON APPLICATION Application to Withdraw Appeal

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19659

M/nal

2004-08257 In the Matter of Constance P. (Anonymous), petitioner-respondent, v Avram G. (Anonymous), a/k/a Avraam G. (Anonymous), respondent; Nikos G. (Anonymous), nonparty-appellant. (Docket No. P-14826-03)

ORDER TO SHOW CAUSE

Appeal by Nikos G. from an order of the Family Court, Queens County, dated August 13, 2004. By scheduling order dated October 12, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 12, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before January 10, 2005; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19619

M/nal

2004-01271 In the Matter of Stephen R. Penn, appellant, v Ingrid M. Penn, respondent. (Docket Nos. V-21834-03, V-21835-03)

SCHEDULING ORDER

Appeal by Stephen R. Penn from an order of the Family Court, Queens County, dated January 13, 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 time to serve and file a supplemental pro se brief on the appeal is enlarged until January 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19564

M/nal

2004-07473 In the Matter of Jeffrey Pollack, respondent, v Janice Vega, appellant. (Docket Nos. V-2972/99, V-2973/99, V-01111/99)

SCHEDULING ORDER

Appeal by Janice Vega from an order of the Family Court, Queens County, dated August 19, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 15, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19583

M/nal

2004-01436 In the Matter of Lauren R. (Anonymous). Child Protective Services, respondent; Denise R. (Anonymous), appellant. (Docket No. NN-18086/03)

SCHEDULING ORDER

Appeal by Denise R. from an order of the Family Court, Suffolk County, dated January 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 10, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial DepartmentM19557

M/nal

2004-03049 In the Matter of Robert Rho, appellant, v Yisun Rho, respondent. (Docket No. V-01219/99)

SCHEDULING ORDER

Appeal by Robert Rho from an order of the Family Court, Queens County, dated March 8, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 17, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M19580

M/nal

2004-01620 In the Matter of Shaheim S. (Anonymous), appellant. (Docket No. D-03278/02)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Kings County, dated February 4, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until January 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19576

M/nal

2004-08961 In the Matter of Tyrelle T. (Anonymous), appellant. (Docket No. D-1388/03)

SCHEDULING ORDER

Appeal by Tyrelle T. from an order of the Family Court, Richmond County, dated October 4, 2004. By decision and order on motion of this court dated December 9, 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 9, 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

M19452

F/

FRED T. SANTUCCI, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-09155, 2004-09156, 2004-09157, 2004-09158, 2004-09160, 2004-09162 In the Matter of "Female" V. (Anonymous), a/k/a Kimberly V. (Anonymous). Lakeside Family & Children's Services, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Juana Lee V. (Anonymous). Lakeside Family & Children's Services, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Nathan Lee V. (Anonymous). Lakeside Family & Children's Services, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Patrick German V. (Anonymous). Lakeside Family & Children's Services, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Nouchie Wesley V. (Anonymous). Lakeside Family & Children's Services, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Cassandra Lee V. (Anonymous). Lakeside Family & Children's Services, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. B-17431-03, B-17432-03, B-17433-03, B-17434-03, B-17435-03, B-17436-03)

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

Motion by the appellant pro se for leave to prosecute appeals from six orders of the Family Court, Kings County, all dated September 10, 2004, as a poor person, and for the assignment of counsel.

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

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

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

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

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

Dawn Shammas, Esq.

89-31 161st Street - Suite 605

Jamaica, New York 11435

(917) 609-2975

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19443

F/

FRED T. SANTUCCI, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-09152, 2004-09154 In the Matter of Brandon Lee V. (Anonymous). Heart Share Human Services of New York, Roman Catholic Diocese of Brooklyn, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Wesley German V. (Anonymous). Heart Share Human Services of New York, Roman Catholic Diocese of Brooklyn, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-18606-03, B-18607-03)

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

Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Kings County, both dated August 16, 2004, as a poor person, and for the assignment of counsel.

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

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

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

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

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

Dawn Shammas, Esq.

89-31 161st Street - Suite 605

Jamaica, New York 11435

(917) 609-2975

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19610

M/nal

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

SCHEDULING ORDER

Appeal by Luis Antonio V. from an order of the Family Court, Kings County, dated August 20, 2004. By decision and order on motion of this court dated December 8, 2004, the following attorney was assigned as counsel on the appeal:

Matthew M. Lupoli, Esq.

167-16 Northern Blvd.

P.O. Box 580283

Flushing, New York 11358

(718) 539-0622

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

M19568

M/nal

2003-07284, 2003-07287, 2003-07289 In the Matter of Richard and Tamaroa Wolf, petitioners- respondents, v Barry D. (Binyamen) Rothman, et al., appellants, et al., respondent. (Proceeding No. 1) (Docket No. V-022644-00) In the Matter of Jacob and Pessy Goldstein, petitioners- respondents, v Barry D. (Binyamen) Rothman, et al., appellants, et al., respondent. (Proceeding No. 2) (Docket No. V-022642-00) In the Matter of Eugene and Elishea Flink, petitioners- respondents, v Barry D. (Binyamen) Rothman, et al., appellants, et al., respondent. (Proceeding No. 3) (Docket No. V-022643-00)

SCHEDULING ORDER

Appeals by Barry D. (Binyamen) Rothman and Laura Miriam Rothman from an order of the Family Court, Kings County, dated June 16, 2003, and two orders of the same court both dated June 17, 2003. The appellants' briefs were filed in the office of the Clerk of this court on September 13, 2004, and October 14, 2004, respectively. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until January 20, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19381

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-05791 The People, etc., respondent, v Willie Allen, appellant. (Ind. No. 1160/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 2, 2004, in the above-entitled case is amended by deleting from the first decretal paragraph thereof the words "Supreme Court, Kings County" and substituting therefor the words "County Court, Nassau County."

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19596

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-02102 The People, etc., respondent, v Steven Arnold, appellant. (Ind. No. 82734/92)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 2, 2004, in the above-entitled case is amended by deleting from the first decretal paragraph thereof the words "Supreme Court, Kings County" and substituting therefor the words "County Court, Nassau County."

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19598

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2004-00020 The People, etc., respondent, v Brendan Cochrane, appellant. (Ind. No. 13808/95)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal From Order Denying Motion to Vacate Judgment

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated November 30, 2004, is recalled and vacated and the following decision and order is substituted therefor:

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated November 26, 2003, which denied his motion to vacate a judgment of conviction against him, as a poor person, and for the assignment of counsel.

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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearing on the motion, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of the proceeding set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

97 A 1551

Otisville Corr. Fac.

Box 8

Otisville, New York 10963

Appellate Division: Second Judicial Department

M19332

F/

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2003-08419 The People, etc., respondent, v Pedro Heureaux, appellant. (Ind. No. 2900/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered July 24, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

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

Upon delivering the minutes to the institution, the Clerk of this court shall adv ise the appellant of the date by which the minutes are to be returned and the brief filed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 R 4337

Riverview Corr. Fac.

Box 247

Ogdensburg, New York 13669

Appellate Division: Second Judicial Department

M19331

F/

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2003-05644 The People, etc., respondent, v Ola Highsmith, appellant. (Ind. No. 02-00939)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered June 13, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

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

Upon delivering the minutes to the institution, the Clerk of this court shall adv ise the appellant of the date by which the minutes are to be returned and the brief filed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 3253

Elmira Corr. Fac.

Box 500

Elmira, New York 14902

Appellate Division: Second Judicial Department

M19666

A/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-08821 The People, etc., respondent, v Vayola London, appellant. (Ind. No. 2742/03)

DECISION & ORDER ON MOTION

Motion by Briccetti, Calhoun & Lawrence, LLP, the attorney for the appellant, for leave to withdraw as counsel on an appeal from a judgment of the County Court, Nassau County, rendered October 8, 2004.

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

ORDERED that the motion is granted, and Briccetti, Calhoun & Larence, LLP, is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before January 13, 2005, Briccetti, Calhoun & Lawrence, LLP, is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order 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 appellant, without leave of the court, until the expiration of 30 days after service upon her of a copy of this decision and order.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19612

CF/

2003-10597 The People, etc., respondent, v Michael Lott, appellant. (Index No. 11018/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Queens County, rendered October 31, 2003.

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

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19621

CF/

2003-09263 The People, etc., respondent, v Piero Russotto, appellant. (Ind. No. 1074/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Queens County, rendered September 18, 2003.

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

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19593

F/

FRED T. SANTUCCI, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-00090 The People, etc., respondent, v Roberto Torres, appellant. (Ind. No. 03-00154)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Rockland County, rendered December 16, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on October 7, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Ann C. Sullivan, Esq.

16 North Main Street - Suite 200

New City, New York 10956

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

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

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

Greg T. Rinckey, Esq.

3 Wembly Court

Albany, New York 12205

and it is further,

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

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 6731

Clinton Corr. Fac.

P.O. Box 2001

Dannemora, New York 12929

Appellate Division: Second Judicial Department

M19594

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-09341 The People, etc., respondent, v Joshua B. Ward, appellant. (Ind. No. 01-00150)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from an amended judgment of the County Court, Orange County, rendered October 14, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

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

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Del Atwell, Esq.

P.O. Box 2516

Montauk, New York 11954

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

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

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5583

Lakeview Corr. Fac.

Box T

Brocton, New York 14716