Appellate Division: Second Judicial Department

M19864

S/sl

2004-05490 Shaikh Ali, respondent, v Carlos Vasquez, et al., appellants. (Index No. 31202/99)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 7, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 18, 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

M19811

J/sl

2004-04498 Robert Beamon, appellant-respondent, v Agar Truck Sales, Inc., et al., respondents- appellants. (Index No. 3213/02)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated May 5, 2004.

ORDERED that the application is granted and the appellant-respondent's reply brief shall be served and filed on or before January 18, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19839

S/sl

2004-01287 Christian P. Benefield, respondent, v Halmar Corporation, defendant third-party plaintiff-respondent-appellant; Sussex County Erectors, Inc., third-party defendant-appellant- respondent. (Index No. 6520/94)

ORDER ON APPLICATION

Application by the respondent-appellant 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, Orange County, entered January 8, 2004.

ORDERED that the application is granted and the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before February 14, 2005 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19749

C/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-10739, 2004-10740 Ira Berliner, appellant, v Mariann Berliner, respondent. (Index No. 6107/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the enforcement of two orders of the Supreme Court, Westchester County, dated November 30, 2004, and December 6, 2004, respectively, pending hearing and determination of appeals 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 orders dated November 30, 2004, and December 6, 2004, is stayed pending hearing and determination of the appeals.

SCHMIDT, J.P., CRANE, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19641

M/cf

2004-10967 Charles Bogannam, appellant, v Marianne Bogannam, respondent. (Index No. 388/04)

SCHEDULING ORDER

Appeal by Charles Bogannam from an order of the Supreme Court, Suffolk County, dated August 19, 2004. 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 in the Supreme Court action 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

M19804

Y/cf

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

NANCY E. SMITH

STEVEN W. FISHER, JJ.

2004-09709 Donna Bryan, appellant, v Staten Island University Hospital, defendant, James B. Hurwitz, respondent. (Index No. 24247/99)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 1, 2004, on the ground that it was entered upon the appellant's default, or to amend the caption to reflect that Staten Island University Hospital is not a respondent on 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 to amend the caption to reflect that Staten Island University Hospital is not a respondent on the appeal is granted, and the caption is amended accordingly; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied without prejudice to raising the issue in the respondent's brief.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19790

C/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-02646 Salvatore J. Catapano, etc., appellant, v Winthrop University Hospital, respondent. (Index No. 11396/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated January 23, 2004.

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 appellant's time to perfect the appeal is enlarged until February 14, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19828

CF/

2004-04123 Richard Costa, et al., respondents-appellants, v Racer Development Corporation, et al., appellants-respondents. (Index No. 4190/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal and cross appeal from an order of the Supreme Court, Westchester County, dated November 18, 2003.

Upon the stipulation of the parties, dated December 20, 2004, it is

ORDERED that the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19817

J/sl

2004-07838 Emigrant Savings Bank, plaintiff-respondent, v Laurence Rappaport, et al., defendants- respondents, Bank of New York, appellant. (Index No. 17490/02)

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, Nassau County, dated August 23, 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

M19843

S/sl

2004-04738 Rosalba Fantini, et al., plaintiffs-respondents, v 65th Development, LLC, et al., defendants- respondents, B. Warranty Home Construction, Inc., appellant. (Index No. 36189/02)

ORDER ON APPLICATION

Applications by the plaintiffs-respondents and the defendant-respondent Moss & Sayad pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal from an order of the Supreme Court, Kings County, dated May 12, 2004.

ORDERED that the applications are granted and the movants' time to serve and file their respective briefs is enlarged until January 26, 2005, and the movants' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19745

C/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-10454 Greenpoint Bank, respondent, v Ronny Simon, appellant, et al., defendants. (Index No. 6750/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 29, 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.

SCHMIDT, J.P., CRANE, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19784

C/cf

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

PETER B. SKELOS, JJ.

2003-10519 Gerard Grosof, etc., et al., appellants, v Lauretta Goforth, respondent. (Index No. 29067/02)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated October 4, 2004, which determined an appeal from an order of the Supreme Court, Kings County, dated October 23, 2003.

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

ORDERED that the motion is denied.

SANTUCCI, J.P., LUCIANO, SCHMIDT and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19825

J/sl

2004-05501 Francisco Grullon, respondent, v Deborah Peters-Baptiste, appellant. (Index No. 42859/99)

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 April 26, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 14, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19829

E/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-09597, 2004-09598 Jacob Haas, appellant, v Jose Ramos, respondent. (Index No. 28806/00)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated March 3, 2004, and September 22, 2004, respectively, to stay all proceedings in the above-entitled action pending hearing and determination of 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 motion is denied.

SCHMIDT, J.P., CRANE, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19809

J/sl

2004-05289 John Hlinka, appellant, v Olga Hlinka, respondent. (Index No. 29147/93)

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 amended judgment of the Supreme Court, Nassau County, entered May 4, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 10, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19602

M/cf

2004-10945 Michael Jean, appellant, v Christina Vilar Jean, respondent. (Index No. 11099/02)

SCHEDULING ORDER

Appeal by Michael Jean from a judgment of the Supreme Court, Queens County, dated October 27, 2004. 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 in the Supreme Court action 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M19818

R/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-10427 Vergie Jenkins-Watson, appellant, v Golabi Holdings, LLC, et al., respondents. (Index No. 35984/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay her eviction from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 24, 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.

SCHMIDT, J.P., CRANE, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19770

C/cf

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-10402 Wanda Keating, appellant-respondent, v Matthew J. Keating, respondent-appellant. (Index No. 03828/03)

DECISION & ORDER ON MOTION

Appeal by Wanda Keating from a decision of the Supreme Court, Westchester County, entered November 3, 2004. Cross appeal by Matthew J. Keating from the same decision.

On the court's own motion, the appeal and cross appeal are dismissed, without costs or disbursements, as no appeal or cross appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19840

S/sl

2004-03577 Joel Lang, respondent, v Paul Dachs, appellant. (Index No. 922/01)

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, Rockland County, dated March 29, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 21, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19795

Y/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-10666 Phyllis Leder, respondent, v Robert Horowitz, et al., appellants. (Index No. 16069/02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated November 3, 2004.

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

ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 11, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 11, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SCHMIDT, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19780

C/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

THOMAS A. ADAMS

ROBERT A. LIFSON, JJ.

2004-04984 Levinson & Santoro Electric Corp., respondent, v Morse Diesel International, etc., appellant, et al., defendants. (Index No. 28662/02)

DECISION & ORDER ON MOTION

Motion by the Levinson & Santoro Electric Corp. on an appeal from an order of the Supreme Court, Queens County, dated April 23, 2004, for leave to appeal to the Court of Appeals from a decision and order on motion of this court, dated October 12, 2004, which determined a motion by Morse Diesel International to dismiss the appeal taken by Levinson & Santoro Electric Corp. from the order.

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., H. MILLER, ADAMS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19838

S/sl

2004-03914 Malankara Archdiocese of the Syrian Orthodox Church, N.A., et al., appellants, v Malankara Jacobite Center, et al., respondents. (Index No. 13610/03)

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, Westchester County, dated March 29, 2004.

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

M19803

J/sl

2004-08838 Vincent Nichilo, et al., respondents-appellants, v B.F.N. Realty Associates, Inc., et al., appellants-respondents, et al., defendant. (Index No. 37298/01)

ORDER ON APPLICATION

Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal and cross appeal from an amended order of the Supreme Court, Kings County, dated July 26, 2004.

ORDERED that the application is granted and the respondents-appellants shall file their answering brief, including their points of argument on the cross appeal, on or before January 5, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the appellants-respondents' reply brief shall be served and filed on or before February 4, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19781

C/sl

SONDRA MILLER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-04946 David Olsson, plaintiff-respondent, v M.G. Express Cab Corp., et al., appellants, Miguel Vasquez, defendant-respondent. (Index No. 3461/03)

DECISION & ORDER ON MOTION

Motion by the defendant-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 20, 2004, on the ground, inter alia, that the appellants lack standing to appeal from the order. Application by the appellants for leave to withdraw the appeal.

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

ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19787

C/cf

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-10378 Onorino Brothers, Inc., plaintiff, v Sergio DeChiara, et al., defendants. (Index No. 01526/02)

DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division

Motion by the defendant Benito De Chiara for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, 9th and 10th Judicial Districts, dated July 6, 2004, which affirmed a judgment of the City Court, City of New Rochelle, entered August 5, 2002.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19807

Y/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-04470 Maurice Oparaji, appellant, v Francis C. Duran, et al., respondents. (Index No. 12962/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 3, 2004, for leave to prosecute the appeal on the original papers, and to waive the motion fee.

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

ORDERED that the branch of motion which is to waive the motion fee is denied as unnecessary (see CPLR 8022[b]) is granted; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied with leave to renew upon an affidavit setting forth the appellant's full financial situation of the parties including all assets, both real and personal, and any and all income and itemized expenses; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until February 3, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19810

S/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

NANCY E. SMITH

HOWARD MILLER, JJ.

2003-09151 Florin C. Papa, a/k/a Florin C. Popescu, plaintiff, v 24 Caryl Avenue Realty Co., et al., defendants; Community Preservation Corporation, intervenor; Charles Rudd McKenzie, nonparty. (Index No. 9221/01

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 7, 2003, in the above-entitled case is amended by (1) deleting from the preamble thereof the word "plaintiff" and substituting therefor the words "the nonparty, Charles Rudd McKenzie," and (2) adding to the caption thereof after the word "intervenor" the following: "Charles Rudd McKenzie, nonparty".

RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19791

S/sl

2004-03835 The People of the State of New York, etc., plaintiff, v Cypress Hills Cemetery, etc., respondent, et al., defendants; Ravi Batra, non-party appellant. (Index No. 38143/93)

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, Kings County, dated March 1, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 26, 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

M19800

S/sl

2004-08209 Rosiane Pierre, respondent, v Carpet Discount Center, Inc., et al., appellants. (Index No. 9121/03)

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, Kings County, dated July 30, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 13, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19797

S/sl

2004-05879 Michael Pinto, respondent, v Long Island Senior Houses Housing Development Fund Co., et al., appellants. (Index No. 21884/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 4, 2004.

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

M19640

M/cf

2004-10929 Richard Shen, respondent, v Melissa Mei-Lin Sun Shen, appellant. (Index No. 31226/01)

SCHEDULING ORDER

Appeal by Melissa Mei-Lin Sun Shen from a judgment of the Supreme Court, Queens County, dated November 5, 2004. 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 in the Supreme Court action 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

M19798

S/sl

2004-05531 Alan Siegel, etc., appellant, v Timothy C. Chang, et al., respondents. (Index No. 5095/01)

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, Rockland County, dated May 28, 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

M19782

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-01398 Elayne Singer, respondent, v Metropolitan Suburban Bus Authority, et al., appellants (and a third-party action). (Index No. 17156/01)

DECISION & ORDER ON MOTION

Motion by the appellants to recall and vacate an order on application of this court dated August 19, 2004, in the above-entitled action which granted their application to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated November 7, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19601M/cf

2004-10937 SCHEDULING ORDER In the Matter of Ismaeel A. (Anonymous), appellant. (Docket No. D-10235/04)

Appeal by Ismaeel A. from an order of the Family Court, Queens County, dated November 8, 2004. 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 in 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, 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 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M19559

M/cf

2004-10773 In the Matter of James A. (Anonymous), appellant. (Docket No. S-7551-04)

SCHEDULING ORDER

Appeal by James A. from an order of the Family Court, Westchester County, dated December 10, 2004.

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 in 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, 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 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M19753

C/sl

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-06450 In the Matter of Kofi Kari Kari Awere, appellant, v Gertrude Sims, respondent. (Docket No. F-06810-02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to reargue a motion for leave to prosecute an appeal from an order of the Family Court, Queens County, dated June 23, 2004, as a poor person and for the assignment of counsel, which was denied by decision and order on motion of this court dated October 26, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19645

M/cf

2004-10996 In the Matter of Janine Bradley, respondent, v Antonio B. Beneduce, appellant. (Docket No. F-15534-03)

SCHEDULING ORDER

Appeal by Antonio B. Beneduce from an order of the Family Court, Nassau County, dated November 19, 2004. 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 in 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, 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

M19625 M/cf

2004-10747, 2004-10450 In the Matter of Amber C. (Anonymous). Dutchess County Department of Social Services, respondent; Theresa C. (Anonymous), et al., appellants. (Docket No. N- 03094-03)

SCHEDULING ORDER

Separate appeals by Theresa C. and Charles C. from two orders of the Family Court, Dutchess County, dated July 9, 2004, and October 12, 2004, respectively. 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 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 proceedings 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 they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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

M19756

C/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

NANCY E. SMITH

STEVEN W. FISHER, JJ.

2004-04847 In the Matter of Zoila Cronin, respondent, v Michael Cronin, appellant. (Docket No. V-01114-02)

DECISION & ORDER ON MOTION

Appeal by Michael Cronin from an order of the Family Court, Richmond County, dated May 6, 2004. By order to show cause dated October 26, 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 August 16, 2004, issued pursuant to 22 NYCRR 670.4(a)(2). Separate motion by Michael Cronin for poor person relief and the assignment of counsel.

On the court's own motion, and the papers filed in support of and in relation to the order to show cause, and upon the motion for poor person relief, it is

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

ORDERED that the motion for poor person relief is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19760

C/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

NANCY E. SMITH

STEVEN W. FISHER, JJ.

2004-06574, 2004-06576 In the Matter of Zoila Cronin, respondent, v Michael Cronin, appellant. (Docket No. F-324-02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Richmond County, dated June 21, 2004, and July 12, 2004, respectively, as a poor person and for the assignment of counsel.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19799

Y/sl

FRED T. SANTUCCI, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-07980 In the Matter of Claudette D. (Anonymous) et al., petitioners-respondents, v Administration for Children's Services, respondent-respondent, et al., respondent, Patrick E. (Anonymous), appellant. (Proceeding No. 1) (Docket Nos. V-10825-03, V-10826-03, V-10827-03, V-10828-03) 2004-07981 In the Matter of Saida Pierre L. (Anonymous). Administration for Children's Services, respondent; Patrick E. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Rashida Sybille E. (Anonymous). Administration for Children's Services, respondent; Patrick E. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Isaiah Patrick E. (Anonymous). Administration for Children's Services, respondent; Patrick E. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Elijah Earnest E. (Anonymous). Administration for Children's Services, respondent; Patrick E. (Anonymous), appellant. (Proceeding No. 5) (Docket Nos. N-12139-97, N-12140-97, N-12141-97, N-12142-97)

DECISION & ORDER ON MOTION

Motion by Philip Skittone, Esq., counsel assigned to represent the appellant in proceedings before the Family Court, Kings County, to be relieved as counsel on appeals from two orders of the Family Court, Kings County, both dated July 16, 2004, and to enlarge the appellant's time to perfect the appeals.

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

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

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before January 11, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branch of the motion which is to enlarge time is granted to the extent that on or before February 1, 2005, the appellant shall either move for leave to prosecute the appeal as a poor person, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeals, or comply with the scheduling orders dated September 28, 2004 and September 29, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19599

M/nal

2004-10296 In the Matter of Justina Rose D. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Charlotte D. (Anonymous) et al., appellants. (Docket Nos. B-3636-04, B-3638-04)

SCHEDULING ORDER

Appeal by Howard D. from an order of the Family Court, Suffolk County, dated November 17, 2004. 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 proceedings 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M19603M/cf

2004-10984 In the Matter of Robert Dettling, respondent, v Dora Dettling, appellant. (Docket No. F-736-01)

SCHEDULING ORDER

Appeal by Dora Dettling from an order of the Family Court, Suffolk County, dated November 15, 2004. 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 in 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, 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 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M19785

C/cf

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2004-07862 In the Matter of Executive Towers at Lido, LLC, et al., respondents, v New York State Division of Housing and Community Renewal, appellant. (Index No. 8448/03)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to vacate an automatic stay pursuant to CPLR 5519(a) pending the hearing and determination of an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, entered July 29, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19792

S/sl

2004-03656 In the Matter of 501 Holding Corp., appellant, v R. Lucas, etc., et al., respondents. (Index No. 9240/04)

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 April 16, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 26, 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

M19627M/cf

2004-10771, 2004-10772 In the Matter of Starcy Marie G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Joy-Ann G. (Anonymous), appellant, et al., respondent. (Docket Nos. B-16412-03, B-16418-03)

SCHEDULING ORDER

Appeals by Joy-Ann G. from two orders of the Family Court, Suffolk County, dated June 11, 2004, and December 1, 2004, respectively. 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 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 proceedings 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 they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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

M19657

M/cf

2004-11071, 2004-11072 In the Matter of Lemar H. (Anonymous). Administration for Children's Services, respondent; Ervin H. (Anonymous), Sr., appellant. (Proceeding No. 1) In the Matter of Kemmar H. (Anonymous). Administration for Children's Services, respondent; Ervin H. (Anonymous), Sr., appellant. (Proceeding No. 2 ) (Docket Nos. N- 18753-03, N- 18754-03)

SCHEDULING ORDER

Appeals by Ervin H. from two orders of the Family Court, Queens County, dated June 30, 2004, and December 7, 2004, respectively. 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 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 proceedings 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 they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M19630

M/cf

2004-10837 In the Matter of Philip Hanfling, respondent, v Cheryl Hanfling, appellant. (Docket No. V-18391-02)

SCHEDULING ORDER

Appeal by Cheryl Hanfling from an order of the Family Court, Nassau County, dated November 19, 2004. 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 in 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, 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

M19650

M/cf

2004-11047 In the Matter of Ferdinand Joseph Huber, respondent, v AnnaMarie Huber, appellant. (Docket No. O-3796-04)

SCHEDULING ORDER

Appeal by AnnaMarie Huber from an order of the Family Court, Dutchess County, dated November 15, 2004. 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 in 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, 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

M19629M/cf

2004-10770 In the Matter of Antonio I. (Anonymous). Suffolk County Department of Social Services, appellant; Kathleen I. (Anonymous), respondent. (Docket No. B-20950-03)

SCHEDULING ORDER

Appeal by Suffolk County Department of Social Services from an order of the Family Court, Suffolk County, dated November 30, 2004. 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 in 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, 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

M19643

M/cf

2004-10993 In the Matter of Lucila Laboy, respondent, v Narcisso Melendez, appellant. (Docket No. O-8392/04)

SCHEDULING ORDER

Appeal by Narcisso Melendez from an order of the Family Court, Kings County, dated October 12, 2004. 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 proceedings 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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

M19646

M/cf

2004-11003, 2004-11004 In the Matter of Mary Jocelyn M. (Anonymous). Administration for Children's Services, petitioner-respondent; Geto M. (Anonymous), appellant, et al., respondent. (Docket No. N- 075331-01)

SCHEDULING ORDER

Appeals by Geto M. from two orders of the Family Court, Kings County, dated July 23, 2004, and December 3, 2004, respectively. 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 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 proceedings 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 they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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

M19813

R/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

PETER B. SKELOS, JJ.

2003-10536 In the Matter of Frank A. Monzon, appellant, v Lori Zaikowshki, respondent. (Docket No. V-1859/98)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, entered November 10, 2003, in effect, to deem the briefs submitted to the Clerk of this court on November 5, 2004, timely filed.

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

ORDERED that the motion is granted.

SCHMIDT, J.P., CRANE, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19605

M/cf

2004-11002 In the Matter of Linda Recard, appellant, v Anthony Polite, respondent. (Docket No. F-06975/00)

SCHEDULING ORDER

Appeal by Linda Recard from an order of the Family Court, Kings County, dated November 15, 2004. 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 proceedings 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M19597

M/cf

2004-10685, 2004-10687 In the Matter of Mario Rosemond, respondent, v Melange Derice, appellant. (Docket No. V-3259/03)

SCHEDULING ORDER

Appeals by Melange Derice from two orders of the Family Court, Queens County, both dated November 5, 2004. 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 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 proceedings 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 they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M19638

M/cf

2004-10943 In the Matter of Akeeya Princess S. (Anonymous), a/k/a Akeeya S. (Anonymous). St. Christopher Ottilie, petitioner-appellant, et al., petitioners; Cassandra S. (Anonymous), respondent. (Docket No. B-12769/03)

SCHEDULING ORDER

Appeal by St Christopher Ottilie from an order of the Family Court, Queens County, dated November 8, 2004. 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 in 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, 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

M19608M/cf

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

SCHEDULING ORDER

Appeal by the law guardian from an order of the Family Court, Queens County, dated November 12, 2004. 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 in 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, 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 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M19604M/cf

2004-10987, 2004-10989, 2004-10990 In the Matter of Jamal S. (Anonymous), appellant. (Docket Nos. D-1905-04, D-05372-02/03A)

SCHEDULING ORDER

Appeals by Jamal S. from three orders of the Family Court, Kings County, one dated June 21, 2004, and two dated August 13, 2004, respectively. 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 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 in the 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 they have been ordered, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M19655 M/cf

2004-11052 In the Matter of Lindsay D. S. (Anonymous), appellant. (Docket No. D-15566/04)

SCHEDULING ORDER

Appeal by Lindsay D. S. from an order of the Family Court, Queens County, dated December 1, 2004. 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 in 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, 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 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M19652

M/cf

2004-11055 In the Matter of Maria Sicurella, respondent, v Erwin Embro, appellant. (Docket No. F-16371-04)

SCHEDULING ORDER

Appeal by Erwin Embro from an order of the Family Court, Suffolk County, dated November 17, 2004. 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 proceedings 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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

M19653

M/cf

2004-11073 In the Matter of Tracey Simpson, respondent, v Mary Bellere, et al., appellants. (Docket No. V-09920-94)

SCHEDULING ORDER

Appeal by Mary Bellere, Thomas Bellere, and Anthony Bellere from an order of the Family Court, Queens County, dated November 18, 2004. 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 in 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, 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

M19600

M/cf

2004-10939 In the Matter of Janeen Townsend, respondent, v Michael Veal, appellant. (Docket No. F-7305/04)

SCHEDULING ORDER

Appeal by Michael Veal from an order of the Family Court, Queens County, dated November 16, 2004. 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 proceedings 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M19595

M/cf

2004-10744 In the Matter of Vicky Warwick, appellant, v Edward Warwick, respondent. (Docket No. U-6305-94)

SCHEDULING ORDER

Appeal by Vicky Warwick from an order of the Family Court, Dutchess County, dated October 27, 2004. 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 proceedings 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M19832

S/sl

2004-11152 In the Matter of Tonya White, petitioner, v New York City Housing Authority, et al., respondents. (Index No. 39713/02)

ORDER ON APPLICATION

Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated May 14, 2004.

ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until February 28, 2005, and the record or appendix on the proceeding and the petitioner'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

M19748

C/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-08262 In the Matter of Thomas C. Zindle, respondent, v Dorothy Hernandez, appellant. (Docket No. V-10491-00)

DECISION & ORDER ON MOTION

Appeal by Dorothy Hernandez from an order of the Family Court, Queens County, dated August 17, 2004. By order to show cause dated November 19, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated October 12, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the motion is denied.

SCHMIDT, J.P., CRANE, COZIER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19776

C/cf

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

STEVEN W. FISHER, JJ.

1995-11493 The People, etc., respondent, v Ralik Bailey, appellant. (Ind. No. 1319/95)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue a motion to recall and vacate a decision and order on motion of this court dated May 14, 2002, which dismissed an appeal from a judgment of the Supreme Court, Kings County, rendered December 15, 1995, pursuant to 22 NYCRR 670.8(f) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal, which was determined by decision and order on motion of this court 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19131

A/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2001-02517 The People, etc., respondent, v Calvin Jacobs, appellant. (Ind. No. 10477/99)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the judgment roll on an appeal from a judgment of the Supreme Court, Queens County, rendered March 6, 2001, to include an "Aftercare Contract" the defendant entered into with the Samaritan Village drug treatment program, and to enlarge the time to serve and file a brief on the appeal.

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

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

ORDERED that on or before January 27, 2005, (1) the respondent shall file a copy of the "Aftercare Contract" the defendant entered into with the Samaritan Village drug treatment program in the office of the Clerk of this court and (2) the respondent shall serve and file its brief.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19788

S/sl

2003-04033 The People, etc., respondent, v Daniel Martinez, appellant. (Index No. 2171/01)

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, Queens County, rendered April 21, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 12, 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

M18959

K/sl

SONDRA MILLER, J.

2004-04441 The People, etc., respondent, v George McGuire, appellant. (Ind. No. 4477/89)

DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 22, 2004, which has been referred to me for determination.

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

ORDERED that the application is granted; the defendant is granted leave to appeal from the order of the Supreme Court, Kings County, dated March 22, 2004, made in this case; and it is further,

CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,

ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.

SONDRA MILLER

Associate Justice

Appellate Division: Second Judicial Department

M19786

S/sl

2003-06109 The People, etc., respondent, v Anthony Mercer, appellant. (Ind. No. 3933/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 16, 2003.

ORDERED that the application is granted and the respondent's brief shall be served and filed on or before January 18, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19816

A/cf

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2002-06564 The People, etc., respondent, Motion for an Enlargement of Time v Willie Peoples, appellant. (Ind. No. 8857/00)

DECISION & ORDER ON MOTION to File a Supplemental Brief

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered July 2, 2002.

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19801

A/cf

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2000-02458 The People, etc., respondent, v George Philips, appellant. (Ind. No. 3251/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to enlarge the judgment roll on an appeal from a judgment of the Supreme Court, Queens County, rendered January 25, 2000, to include the minutes of the proceedings before the Grand Jury, and to be provided with a copy of those minutes.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19802

A/cf

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2000-03865 The People, etc., respondent, v George Philips, appellant. (Ind. No. 3717/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to enlarge the judgment roll on an appeal from a judgment of the County Court, Nassau County, rendered April 10, 2000, to include the minutes of the proceedings before the Grand Jury, and to be provided with a copy of those minutes.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court