Appellate Division: Second Judicial Department

M19861

CF/

2004-09401 Tito Alvarez, respondent, v Regal Entertainment Group, et al., appellants. (Index No. 10443/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated October 8, 2004.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19869

CF/

2004-05926 Harry Bloechle, et al., respondents-appellants, v Marie Ranieri, et al., appellants-respondents. (Index No. 14436/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants-respondents Ralph Ranieri and Kim Marie Ranieri to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 26, 2004.

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

ORDERED that the application is granted and the appeal by Ralph Ranieri and Kim Marie Ranieri is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19858

J/sl

2004-05673 Board of Managers of Mews at North Hills Condominium, respondent, v David Farajzadeh, etc., appellant, et al., defendants. (Index No. 4437/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated December 16, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 16, 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

M19866

CF/

2004-06489 Jean Charles, et al., appellants, v Jamaica Hospital, et al., respondents. (Index No. 1283/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 6, 2004.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19879

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

HOWARD MILLER, JJ.

2004-04261 Discover General Contracting Corp., plaintiff-respondent, v Julian Mechanical Corporation, appellant, River Trucking & Rigging, Inc., a/k/a River Trucking Corporation, defendant-respondent.

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 20, 2004.

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

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

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19863

CF/

2004-07274 Joyce Dunefsky, et al., respondents, v A & S Hair Design, Inc., defendant, Tuckahoe Realty, LLC, et al., appellants. (Index No. 1732/99)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Westchester County, dated July 14, 2004.

Upon the stipulation of the parties, dated December 16, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19826

C/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-05857 Midge Elinor, et al., appellants, v Mark Josefsberg, et al., respondents. (Index No. 3048/01)

DECISION & ORDER ON MOTION

Motion by the respondent Mark Josefsberg to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 27, 2004, on the ground that no appeal lies from an order denying reargument. Separate motion by the respondents Lionel Louis and Jason D. Smith for the same relief.

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

ORDERED that the motions are denied, without prejudice to raising the issue in the movants' respective briefs on appeal; and it is further,

ORDERED that on the court's own motion, the appellants' time to perfect the appeal is enlarged until February 7, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19777

C/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2002-07240 Executive Towers at Lido, LLC, et al., respondents-appellants, v City of Long Beach, et al., appellants-respondents. (Index No. 026461/98)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants Executive Towers at Lido, LLC, and Paulsen Real Estate Corp. for leave to reargue an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, entered August 2, 2002, which was determined by decision and order of this court dated October 25, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Cross motion by the appellants-respondents for leave to cross appeal to the Court of Appeals in the event that the movants are granted leave to appeal to the Court of Appeals.

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

ORDERED that the motion and cross motion are denied.

PRUDENTI, P.J., KRAUSMAN, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19880

J/sl

2004-06940 Renee Fishelberg, plaintiff-respondent, v Emmons Avenue Hospitality Corp., d/b/a For Goodness Steak, defendant third-party plaintiff-appellant; City of New York, third-party defendant-respondent. (Index No. 13044/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 28, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 19, 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

M19865

CF/

2004-10041 Man Kim, respondent, v Talron Enterprises, Inc., d/b/a YHA Sales, et al., appellants. (Index No. 5955/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 27, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18733

J/sl

2004-05573 Reina Raffo Kolman, n/k/a Reina Raffo Sinni, respondent, v Richard E. Kolman, appellant. (Index No. 5692/04)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 13, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19913

Y/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-00809 Maureen Kolmel-Hayes, et al., respondents, v South Shore Cruise Lines, Inc., et al., appellants. (Index No. 12291/02)

DECISION & ORDER ON MOTION

Motion by the appellants Mike's Party Boat Corp., Captain Mike's Inc., and Captain Lou's Fleet to delay the calendaring of an appeal from an order of the Supreme Court, Nassau County, dated December 19, 2003, until after February 1, 2005.

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

ORDERED that the motion is granted; the appeal will not be calendared until after February 1, 2005.

KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19824

C/sl

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-10028 Peter Korn, et al., respondents-appellants, v Village of Westhampton Beach, Inc., appellant-respondent, et al., respondents. (Index No. 14345/01)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated September 15, 2004, on the ground that the appeal was not timely taken. Cross motion by the respondent Bank of New York to dismiss the appeal and the cross appeal on the same ground.

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

ORDERED that the matter is remitted to the Supreme Court, Suffolk County, to hear and report on the issue of if or when the order dated September 15, 2004, with notice of entry, was served on the defendants and the motion and cross motion are held in abeyance, in the interim. The Supreme Court, Suffolk County, shall file its report with all convenient speed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19855

O/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-01959 Klim Kozinevich, et al., appellants, v Frank J. DeLaurentis, et al., respondents. (Index No. 22625/01)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 2, 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 granted; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until January 31, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19912

E/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-00743 Louis Mari, respondent-appellant, v Mary Mari, appellant-respondent. (Index No. 1560/02)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and a cross appeal from an order and judgment (one paper) of the Supreme Court, Orange County, dated December 12, 2003, to dismiss the appeal of the appellant-respondent unless she pays one-half the cost of the joint record.

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 granted and the appeal by the appellant-respondent is dismissed unless on or before January 12, 2005, the appellant-respondent pays one-half the cost of the joint record and files proof of payment with the Clerk.

KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19851

CF/

2004-09137 Jamal Marji, et al., respondents, v Preferred Mutual Insurance Company, appellant. (Index No. 6999/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated October 31, 2004.

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

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19862

CF/

2004-09267 Leonarda Masiello, respondent, v Efficiency Devices, Inc., appellant. (Index No. 5481/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 21, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19860

CF/

2004-05701 Francis Meehan, et al., respondents-appellants, v Joseph J. Odierno, appellant-respondent. (Index No. 25871/093)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondents-appellants to withdraw a cross appeal from an order of the Supreme Court, Suffolk County, dated May 27, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19868

CF/

2004-05824 Aaron Nazamy, et al., appellants, v Michael Napoli, etc., et al., respondents. (Index No. 21989/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated May 14, 2004.

Upon the stipulation of the parties, dated December 21, 2004, it is

ORDERED that the appeal insofar as asserted against Robert G. Sperber and Bayside Radiology is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19876

A/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-10049 Ion Oltean, respondent, v Maria Oltean, appellant. (Index No. 3263/03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of a judgment of the Supreme Court, Queens County, entered October 1, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19873

Y/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-03236 Mary Pirie, et al., appellants, v Brian Krasinski, et al., respondents. (Index No. 15059/00)

DECISION & ORDER ON MOTION

Motion by the respondent Evelyn L. Atanas and Atanas Realty Corporation on an appeal from an order of the Supreme Court, Nassau County, entered February 11, 2004, to enlarge the record to include their verified answer to the complaint and to enlarge the appellants' time to serve and file a reply brief.

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 it is further,

ORDERED that the movants shall serve and file a supplemental record containing their verified answer on or before January 13, 2005; and it is further,

ORDERED that the appellant's time to serve and file a reply brief is enlarged until February 3, 2005, and the reply brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19910

E/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-03094 Roberta Reitman, respondent, v Mid State Management Corporation, et al., appellants. (Index No. 6638/03)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Kings County, entered March 19, 2004, to stay the trial in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19479

A/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-03240 Riverside Capital Advisers, Inc., etc., et al., plaintiffs-respondents, v First Secured Capital Corporation, et al., defendants-appellants, Wet Resources Corp., defendant-respondent, et al, defendant; Thomas Donovan, et al., nonparty-appellants. (Appeal No. 1) 2004-06107, 2004-06108, 2004-06109, 2004-06110, 2004-06111, 2004-06843 Riverside Capital Advisers, Inc., etc., et al., respondents, v First Secured Capital Corporation, et al., defendants-appellants, Wet Resources Corp., et al., defendants; Thomas Donovan, et al., nonparty-appellants. (Appeals No. 2 through 6 and 8) 2004-06114 Riverside Capital Advisers, Inc., etc., et al., respondents, v First Secured Capital Corporation, et al., defendants; Thomas Donovan, et al., nonparty- appellants. (Appeal No. 7) (Index No. 20600/99)

DECISION & ORDER ON MOTION

Joint motion by the appellants on appeals from orders of the Supreme Court, Nassau County dated March 9, 2004, May 24, 2004, May 25, 2004 (two orders), June 7, 2004, June 10, 2004, June 16, 2004, and July 27, 2004, respectively, in effect, to amend those provisions of a decision and order on motion of this court dated September 1, 2004, as conditioned a stay of enforcement of the order dated July 27, 2004, upon the perfection of the appeals on or before December 2, 2004, and to enlarge the time to perfect the appeals from the orders dated May 24, 2004 (Appellate Division Docket Number 2004-06107), May 25, 2004 (two orders) (Appellate Division Docket Numbers 2004-06108 and 2004-06109), June 7, 2004 (Appellate Division Docket Number 2004-06110), and June 10, 2004 (Appellate Division Docket Number 2004-06111), respectively.

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

ORDERED the branch of the motion which is for an enlargement of time is granted, the appellants' time to perfect the appeals from the orders dated May 24, 2004, May 25, 2004 (two orders), June 7, 2004, and June 10, 2004, respectively, is enlarged until February 16, 2005, and the joint record or joint appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date; and it is further,

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

ORDERED that the branch of the motion which is, in effect, to amend those provisions of the decision and order on motion dated September 1, 2004, as granted a stay on condition that the appeals were perfected on or before December 2, 2004, is granted, and the decision and order on motion dated September 1, 2004, is amended by deleting from the decretal paragraphs thereof the date, "December 2, 2004," and substituting therefor the date "February 16, 2005," insofar as those decretal paragraphs related to the orders dated May 24, 2004, May 25, 2004 (two orders), June 7, 2004, and June 10, 2004, respectively.

FLORIO, J.P., H. MILLER, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19870

CF/

2004-02198 S.N.H.N.C.Y.I., Inc., appellant-respondent, v City of Mount Vernon, et al., respondents- appellants. (Index No. 12509/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 2, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19871

CF/

2004-05757 S.N.H.N.C.Y.I., Inc., appellant, v City of Mount Vernon, et al., respondents. (Index No. 12509/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 14, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19857

CF/

2004-05737 Snap-On Tools Company, respondent, v Bradley Amoco Service Station, Inc., et al., appellants. (Index No. 12801/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated May 27, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19850

J/sl

2004-05869, 2004-06210 Robert D. Wilson, et al., appellants-respondents, v Hallen Construction Corporation, respondent- appellant. (Index No. 6828/95)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated May 28, 2004, and a judgment of the same court dated June 14, 2004.

ORDERED that the application is granted and the appellants-respondents' time to perfect the appeals is enlarged until February 22, 2005, and the joint record or joint appendix on the appeals and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19904

J/sl

2004-06358 Lisa Yondola, et al., respondents, v Austin Trabulsy, appellant. (Index No. 12261/01)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated June 30, 2004.

ORDERED that the application is granted and the respondents' brief which was submitted to the Clerk of this Court on December 29, 2004, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19874

J/sl

2004-08406, 2004-08407, 2004-08408, 2004-08795 In the Matter of Misa Brim, respondent, v Sean Combs, appellant. (Docket No. F-07870/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from four orders of the Family Court, Westchester County, dated August 3, 2004, August 4, 2004 (two orders), and September 30, 2004, respectively.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 14, 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

M19856

CF/

2004-09079 In the Matter of Jacqueline Cortes, appellant, v Andrew E. Sabin, respondent. (Docket No. F-16432-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated September 8, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19852

C/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

STEPHEN G. CRANE, JJ.

2004-09897 In the Matter of Gene Feeney, petitioner, v Town of Harrison, respondent.

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss this proceeding pursuant to EDPL article 207 on the ground that the petitioner is trying to raise issues which were determined by a decision and order of this court dated February 9, 2004, which determined a prior proceeding pursuant to EDPL article 2 (see Matter of Feeney v Town/Village of Harrison, 4 AD3d 428).

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

ORDERED that the motion is granted to the extent that this proceeding, except as it relates to the extent of the taking of the subject parcel of real property and the amount of damages, is dismissed, without costs or disbursements, and the motion is otherwise denied.

PRUDENTI, P.J., RITTER, SANTUCCI and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19827

C/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-09337 In the Matter of Joan Marie Fotiades, deceased. Daphne Fotiades, appellant; Gregory Fotiades, respondent. (File No. 519/01)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Surrogate's Court, Suffolk County, dated September 15, 2004, on the ground that no appeal lies from an order entered upon the appellant's default.

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 appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the appellant's default (see CPLR 5511; Matter of Fotiades, 6 AD3d 612).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19893

R/sl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-10514 In the Matter of William E. Frazier, Jr., petitioner, v Sheryl A. Patishnock, et al., respondents. (Docket No. V-31471-04)

DECISION & ORDER ON MOTION

Motion by the petitioner, inter alia, for leave to appeal to this court from an order of the Family Court, Kings County, dated November 30, 2004.

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

ORDERED that the motion is dismissed as the petitioner did not file an affidavit of service establishing that the order to show cause was served in accordance with the terms thereof.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19859

CF/

2004-10460 In the Matter of Marybeth Freyer, appellant, v Richard Freyer, respondent. (Docket No. F-3383-00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated October 22, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19875

J/sl

2004-03987 In the Matter of Gabrielle Realty Corp., respondent, v Board of Zoning Appeals of Incorporated Village of Freeport, appellant. (Index No. 17200/03)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 7, 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

M19909

L/

2004-05909 In the Matter of Sharon Gonzalez, respondent, v Robert Lobas, appellant. (Docket No. V-00321/97)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Putnam County, dated June 17, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19901

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SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-08188 In the Matter of Brian H. (Anonymous). Administration for Children's Services, petitioner-respondent; Jose V. (Anonymous), appellant, et al., respondent. (Docket Nos. N-01895/02, N-23028/02)

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

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated November 29, 2004, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated August 31, 2004, as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal.

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

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are granted; and it is further,

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

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

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

Michael A. Fiechter, Esq.

26 Court Street

Brooklyn, New York 11242

(718) 902-4492

and it is further,

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

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of this court pursuant to the rules of this court (see 22 NYCRR 670.4[a]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19906

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2003-04027 The People, etc., respondent, v Frank Bailey, appellant. (Ind. No. 1399/02)

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, Queens County, rendered April 28, 2003.

ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court on December 28, 2004, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19872

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ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2002-11096 The People, etc., respondent, v Keith Brown, appellant. (Ind. No. 130/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief in response to the appellant's pro se supplemental brief on an appeal from a judgment of the Supreme Court, Richmond County, rendered December 9, 2002.

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 granted; and it is further,

ORDERED that the respondent's time to serve and file a brief in response to the appellant pro se supplemental brief is enlarged until January 31, 2005, and that brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19831

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ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-09022 The People, etc., respondent, v Kevin Cioffi, appellant. (Ind. No. 6467/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered April 21, 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 granted; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until March 1, 2005, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19898

F/

GABRIEL M. KRAUSMAN, J.

2004-01075 The People, etc., plaintiff, v Michael Kneitel, defendant. (Ind. No. 1813/01)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated December 18, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

GABRIEL M. KRAUSMAN

Associate Justice

Appellate Division: Second Judicial Department

M19853

CF/

2004-10168 The People, etc., appellant, v Robert Maganza, et al., respondents. (Ind. No. 1591/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 21, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19822

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FRED T. SANTUCCI, J.P.

SONDRA MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2003-08139 The People, etc., respondent, v Daniel Mathison, appellant. (Ind. No. 7564/01)

DECISION & ORDER ON MOTION

Motion by Alireza Dilmaghani, the attorney probating the will of Daniel C. Furman, to relieve The Furman Law Firm as the attorney for the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered September 9, 2003, and for the assignment of new counsel to represent the appellant on the appeal.

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

ORDERED that the branch of the motion which is to relieve The Furman Law Firm is denied as unnecessary (see CPLR 321[c]); and it is further,

ORDERED that the branch of the motion which is for the assignment of new counsel is denied; and it is further,

ORDERED that on or before March 4, 2005, the appellant shall either retain new counsel and notify this court in writing that new counsel has been retained, or move for the assignment of counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19814

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FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2003-02951 The People, etc., respondent, v Eladio Pena, appellant. (Ind. No. 4673/01)

DECISION & ORDER ON MOTION

Motion by Alireza Dilmaghani, the attorney probating the will of Daniel C. Furman, to relieve The Furman Law Firm as the attorney for the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered November 20, 2003, and for the assignment of new counsel to represent the appellant on the appeal.

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

ORDERED that the branch of the motion which is to relieve the Furman Law Firm is denied as unnecessary (see CPLR 321[c]); and it is further,

ORDERED that the branch of the motion which is for the assignment of new counsel is denied; and it is further,

ORDERED that on or before March 4, 2005, the appellant shall either retain new counsel and notify this court in writing that new counsel has been retained, or move for the assignment of counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19774

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A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2001-02832 The People, etc., respondent, v Rakim Smith, a/k/a Rha-Kim Smith, appellant. (Ind. No. 3917/98)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, for leave to reargue that branch of the appellant's prior pro se motion which was pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered March 29, 2000, which was determined by decision and order on motion of this court dated May 8, 2001.

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 granted; and it is further,

ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal.

PRUDENTI, P.J., RITTER, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19830

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ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-03685, 2004-09019, 2004-09020, 2004-09021 The People, etc., respondent, v Anthony White, et al., appellants. (Ind. No. 6467/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from four judgments of the Supreme Court, Kings County, all rendered April 21, 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 granted; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until March 1, 2005, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19867

CF/

2004-02160 The People, etc., respondent, v Anthony Young, appellant. (Ind. No. 819/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Kings County, dated February 26, 2004.

Upon the stipulation of the parties, dated December 27, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M19819

R/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. SPOLZINO, JJ.

2004-07701 The People, etc., ex rel. DeAndre Williams, petitioner, v Barbara G. Zambelli, etc., respondent.

DECISION & ORDER ON MOTION

Motion by the petitioner, a State inmate under sentence for conviction of a crime, for leave to reargue his prior motion pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person, which was determined by decision and order on motion of this court dated October 12, 2004.

Upon the papers filed in support of the application and the papers filed in relation 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