Appellate Division: Second Judicial Department

M26097

R/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-10481 Manuel Arias, appellant, v Timothy S. Sellinger, et al., respondents. (Index No. 14123/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered October 19, 2004.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until August 5, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26128

C/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2004-06930 Janice Calendar, respondent, v Gregory Mnasin, et al., appellants. (Index No. 40377/02)

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, Kings County, dated July 19, 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.

H. MILLER, J.P., S. MILLER, GOLDSTEIN, MASTRO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26090

J/sl

2004-04489 George Coakley, etc., appellant, v Parkway Hospital, defendant third-party plaintiff-respondent, Michael Reich, et al., defendants-respondents; Peter Gottlieb, etc., et al., third-party defendants-respondents. (Index No. 28139/97)

ORDER ON APPLICATION

Application by the respondent Peter Gottlieb, 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, entered April 13, 2004.

ORDERED that the application is granted and the time of the respondent Peter Gottlieb to serve and file his brief is enlarged until July 18, 2005, and that respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26092

S/sl

2004-10861, 2004-10864, 2005-00071 Companion Life Insurance Company of New York, appellant, v All State Abstract Corp., etc., et al., respondents. (Appeals No. 1, 2, and 3) 2004-10867 Companion Life Insurance Company of New York, appellant-respondent, v All State Abstract Corp., respondent-appellant, Angela Wallace, etc., respondent. (Appeal No. 4) (Index No. 12117/03)

ORDER ON APPLICATION

Application by the plaintiff, the appellant on appeals from three orders of the Supreme Court, Nassau County, all dated November 22, 2004 (Appellate Division Docket Nos. 2004-10861, 2004-10864, and 2005-00071), and the appellant-respondent on an appeal and cross appeal from an order of the same court, also dated November 22, 2004 (Appellate Division Docket No. 2004-10867), pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals and cross application by the respondent-appellant for the same relief.

ORDERED that the application and cross application are granted; and it is further,

ORDERED that the plaintiff's time to perfect its appeals is enlarged until August 12, 2005, and the joint record or joint appendix on the appeals (see 22 NYCRR 670.8[c][1]) and the plaintiff's 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 its cross appeal, and the respondent Angela Wallace shall serve and file her respondent's brief on or before October 19, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the plaintiff shall serve and file its reply brief on or before November 25, 2005; and the respondent-appellant shall serve and file its reply brief on or before December 20, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26089

S/sl

2004-10603 Barbara Daddino, appellant-respondent, v Frank Daddino, respondent-appellant. (Index No. 8907/02)

ORDER ON APPLICATION

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

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until July 28, 2005, and the joint record or joint appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file his answering brief, including his 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

M26087

S/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-05144 Gloveman Realty Corporation, appellant-respondent, v John Jefferys, et al., respondents-appellants. (Index No. 35896/99)

DECISION & ORDER ON APPLICATION

Application by the appellant-respondent 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 20, 2004.

Upon the papers filed in support of the application and upon the consent of the respondents-appellants, it is

ORDERED that the application is granted to the extent that the appellant-respondent's time to perfect the appeal is enlarged until August 5, 2005, and the joint record or joint appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date, and the application is otherwise denied; and it is further,

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

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

S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26098

R/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-10087, 2004-10645 Kenneth Halvorsen, plaintiff appellant-respondent, v Baybrent Construction Corp., et al., defendants- respondents, Waldbaum, Inc., defendant- third-party plaintiff-respondent-appellant; C. Raimondo & Sons Construction Co., Inc., third-party defendant-respondent. (Index No. 8721/02)

DECISION & ORDER ON MOTION

Motion by the plaintiff, Kenneth Halvorsen, to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated October 26, 2004 (Appellate Division Docket No. 2004-10087), and to correct the notice appeal to reflect that he, and not his law firm, is the appealing party.

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 branch of the motion which is to correct the notice of appeal is granted, and the notice of appeal is deemed corrected to reflect that the plaintiff, Kenneth Halvorsen, and not his law firm, is the appealing party (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605); and it is further,

 ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted and the plaintiff-appellant's time to perfect the appeal is enlarged until June 20, 2005, and the joint record or joint appendix on the appeal and the plaintiff-appellant's brief must be served and filed on or before that date.

S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26124

O/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-06298, 2004-06386 Interpharm, Inc., appellant-respondent, v General Star Indemnity Insurance Company, d/b/a General Star Management Company, respondent, G.P. Insurance Agency, Inc., et al., respondents-appellants. (Index No. 22144/02)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to enlarge the time to perfect appeals from an order and an interlocutory judgment of the Supreme Court, Suffolk County, both dated May 4, 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 the appellant-respondent's time to perfect the appeals is enlarged until July 7, 2005, and the joint record or joint appendix on the appeals and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

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

ORDERED that the respondents-appellants shall serve and file their respective answering briefs, including their points of argument on their respective cross appeals, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26091

S/sl

2004-10808 Sol Knopff, appellant, v Hugh Johnson, respondent. (Index No. 30206/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 30, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 1, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26003

M/nal

2005-02883, 2005-04328 Robert A. Miceli, respondent, v Jo Ann Miceli, appellant. (Index No. 201413/04)

SCHEDULING ORDER

Appeals by Jo Ann Miceli from two orders of the Supreme Court, Nassau County, dated January 20, 2005, and April 19, 2005, 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 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 appeals 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 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 it has been ordered and paid for, 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

M26088

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-09415 Zhanna Paykina, appellant, v Vlad Golden, et al., respondents. (Index No. 12075/02)

DECISION & 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, Richmond County, dated September 8, 2004.

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

ORDERED that the application is granted and the reply brief shall be served and filed on or before June 10, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted

FLORIO, J.P., KRAUSMAN, CRANE, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26093

R/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-06237, 2004-06238 Richard Carl Thoma, appellant, v Roberta Thoma, respondent. (Index No. 1534/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Orange County, dated June 2, 2004, to stay enforcement of the judgment, pending hearing and determination of the appeal, and for a preference in the calendaring of 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 stay enforcement of the judgment is denied; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as academic, as the appeal has been calendared for Thursday June 23, 2005.

H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26117

O/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2003-10389, 2004-03243 Town of Hempstead, et al., respondents, v Incorporated Village of Freeport, appellant, et al., defendant. (Index No. 28746/98)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue appeals from an order of the Supreme Court, Nassau County, entered September 24, 2003, and a judgment of the same court dated March 2, 2004, which were determined by decision and order of this court dated February 22, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26096

O/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2005-02773 Flora Trezza, respondent, v Richard Trezza, appellant. (Index No. 21277/91)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated February 9, 2005, 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 on the court's own motion, the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see CPLR 5701[a][2]) and we decline to grant leave to appeal; and it is further,

ORDERED that the motion is denied as academic.

PRUDENTI, P.J., FLORIO, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26112

O/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

GLORIA GOLDSTEIN, JJ.

2005-03478 John Whitfield, appellant, v State of New York, respondent. (Claim No. 107985)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Court of Claims, dated February 28, 2005, as a poor person.

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

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

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

ORDERED that payment of the filing fee is waived.

H. MILLER, J.P., SCHMIDT, ADAMS and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26126

C/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-04775 Jill Winters, plaintiff-respondent, v James Winters, defendant-respondent; Schlissel, Ostrow, Karabatos & Poepplein, PLLC, etc., nonparty-appellant. (Index No. 18445/03)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated April 13, 2005, and to seal all papers on this application.

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 branch of the motion which is to stay all proceedings in the above-entitled action pending hearing and determination of the appeal is granted, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 6, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 6, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

S. MILLER, J.P., LUCIANO, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26016

M/nal

2004-06746 In the Matter of Adele Andrews, respondent, v John Andrews, appellant. (Docket No. F-5439-02)

SCHEDULING ORDER

Appeal by John Andrews from an order of the Family Court, Kings County, dated July 6, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 4, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until July 6, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26008

M/nal

2004-04643 In the Matter of Corey C. (Anonymous), appellant. (Docket No. D-19616-03)

SCHEDULING ORDER

Appeal by Corey C. from an order of the Family Court, Queens County, dated May 19, 2004. The appellant's brief was filed in the office of the Clerk of this court on May 31, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26009

M/nal

2005-03221, 2005-03224 In the Matter of Jermaine D. (Anonymous), appellant. (Docket Nos. E-14852-02, D-37153-04)

SCHEDULING ORDER

Appeals by Jermaine D. from two orders of the Family Court, Kings County, both dated March 2, 2005. By decision and order on motion of this court dated May 25, 2005, the appellant's status as a poor person was continued, and the following attorney was assigned as counsel on the appeals:

Peter H. Dailey, Esq.

420 Riverside Drive - 2E

New York, New York 10025

(212) 678-6238

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

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

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

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

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated May 25, 2005, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26002

M/nal

2005-01195 In the Matter of Lisa Doria, respondent, v Joseph Doria, appellant. (Docket No. O-13021-04)

SCHEDULING ORDER

Appeal by Joseph Doria from an order of the Family Court, Nassau County, dated January 13, 2005. The appellant's brief was filed in the office of the Clerk of this court on April 14, 2005. By decision and order on motion of this court dated May 27, 2005, the following attorney was assigned as the law guardian for the children on this appeal:

John M. Zenir, Esq.

114 Old Country Road - Suite 216

Mineola, New York 11501

(516) 746-0180

Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's brief shall be served and filed within 30 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26006

M/nal

2005-01869 In the Matter of Tina Marie Engel, respondent, v Joseph K. Engel, appellant. (Docket No. O-11982-02)

SCHEDULING ORDER

Appeal by Joseph K. Engel from an order of the Family Court, Nassau County, dated January 13, 2005. The appellant's brief was filed in the office of the Clerk of this court on May 31, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26017

M/nal

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. The appellant's brief was filed in the office of the Clerk of this court on May 27, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26011

M/nal

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)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until July 6, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26015

M/nal

2004-07858 In the Matter of Kenneth Herdigein, appellant, v Bernadette Uneberg, respondent. (Docket No. V-04401-04)

SCHEDULING ORDER

Appeal by Kenneth Herdigein from an order of the Family Court, Suffolk County, dated July 15, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M25425

M/nal

2004-08197 In the Matter of Cecilia Heyward, appellant, v Peter Goldman, respondent. (Docket No. F-10494-02)

SCHEDULING ORDER

Appeal by Cecilia Heyward from an order of the Family Court, Kings County, dated July 26, 2004. The appellant's brief was filed in the office of the Clerk of this court on May 3, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.

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

M25997

M/nal

2005-01542 In the Matter of Louis J. Kaplan, appellant, v Mari F. Smith, respondent. (Docket No. F-15448-04)

SCHEDULING ORDER

Appeal by Louis J. Kaplan from an order of the Family Court, Suffolk County, dated January 13, 2005. The appellant's brief was filed in the office of the Clerk of this court on May 25, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26019

M/nal

2004-08087 In the Matter of Desiree L. (Anonymous). Dutchess County Department of Social Services, respondent; David L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dylan L. (Anonymous). Dutchess County Department of Social Services, respondent; David L. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-00527-04, N-00528-04)

SCHEDULING ORDER

Appeal by David L. from an order of the Family Court, Dutchess County, dated July 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 8, 2005, and the respondent's brief was served and filed on May 27, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until June 30, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26005

M/nal

2005-00863 In the Matter of Juliane M. (Anonymous). Administration for Children's Services, respondent; Andrew M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Matthew M. (Anonymous). Administration for Children's Services, respondent; Andrew M. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-16712/01, N-16713/01)

SCHEDULING ORDER

Appeal by Andrew M. from an undated order of the Family Court, Queens County issued in 2004. The appellant's brief was filed in the office of the Clerk of this court on May 31, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26000

M/nal

2004-10297 In the Matter of Kayla M. (Anonymous). Suffolk County Department of Social Services, respondent; Elizabeth G. (Anonymous), appellant. (Docket No. N-02109-04)

SCHEDULING ORDER

Appeal by Elizabeth G. from an order of the Family Court, Suffolk County, dated November 1, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 1, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26018

M/nal

2004-11327 In the Matter of Sanjeeda M. (Anonymous). Administration for Children's Services, respondent; Karibul M. (Anonymous), appellant. (Docket No. N-31158-03)

SCHEDULING ORDER

Appeal by Karibul M. from an order of the Family Court, Kings County, dated November 24, 2004. The appellant's brief was filed in the office of the Clerk of this court on May 26, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26012

M/nal

2004-11083 In the Matter of John Robert Pearsall, appellant, v Vito Cornacchio, respondent. (Docket Nos. V-15927-04, P-15928-04, F-15928-04)

SCHEDULING ORDER

Appeal by John Robert Pearsall from an order of the Family Court, Suffolk County, dated December 13, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 15, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until July 1, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26120

O/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2005-03895 In the Matter of Cheri Roberts, respondent, v Terry Gary, Sr., appellant. (Docket Nos. V-03914-99, V-03915-99, V-03916-99)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Richmond County, dated April 21, 2005, and for leave to the appellant to prosecute the appeal as a poor person.

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 without prejudice to renew upon proof of service of the motion papers upon the appellant.

PRUDENTI, P.J., FLORIO, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26130

O/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

STEVEN W. FISHER, JJ.

2004-05829 In the Matter of John H. Rouson, deceased. Randi Pincus Aliotta, petitioner-respondent, Tania Eicoff, claimant-respondent, Jessamy Rouson, appellant, et al., intervenor. (File No. 916/04)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent on an appeal from an order of the Surrogate's Court, Queens County, dated June 16, 2004, inter alia, for leave to serve and file a supplemental record containing an order of the same court dated February 13, 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 as academic as a supplemental record containing the order dated February 13, 2004, was filed on May 12, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26013

M/nal

2004-04757 In the Matter of Timothy Shockome, respondent, v Yevgenia Shockome, appellant. (Proceeding No. 1) In the Matter of Yevgenia Shockome, appellant, v Timothy Shockome, respondent. (Proceeding No. 2) (Docket Nos. V-05156-02, V-5157-02, V-5620-02, V-5621-02, O-5362-02)

SCHEDULING ORDER

Appeal by Yevgenia Shockome from an order of the Family Court, Dutchess County, dated May 10, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 14, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until July 8, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26129

O/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

STEVEN W. FISHER, JJ.

2005-03583 In the Matter of Leanora Skorr, etc., appellant, v Skorr Steel Co. Inc., et al., respondents. (Index No. 8300/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated February 22, 2005, for leave to correct the notice of appeal to accurately reflect that the petitioner, and not the respondents, is the appealing party.

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 notice of appeal is deemed corrected to reflect that the petitioner, and not the respondents, is the appealing party (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26004

M/nal

2005-00779, 2005-00817 In the Matter of Linda K. Walsh, respondent, v Louis Cacace, appellant. (Docket No. F-00441-99)

ORDER TO SHOW CAUSE

Appeals by Louis Cacace from two orders of the Family Court, Nassau County, both dated December 16, 2004. The transcripts were received by the appellant on February 28, 2005, and pursuant to the scheduling order of this court dated January 27, 2005, the appeals in the above-entitled proceeding was to be perfected within 60 days of the date of the receipt of the transcripts. The appeals have not been perfected. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 27, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before June 20, 2005; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M25998

M/nal

2004-10312 In the Matter of Delores Wrighton, respondent, v Paul Wrighton, appellant. (Docket No. F-12654/03)

SCHEDULING ORDER

Appeal by Paul Wrighton from an order of the Family Court, Queens County, dated November 3, 2004. The appellant's brief was filed in the office of the Clerk of this court on May 26, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26127

O/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

STEVEN W. FISHER, JJ.

2003-05073 The People, etc., respondent, v Shawn Coleman, appellant. (Ind. No. 1967/01)

DECISION & ORDER ON MOTION

Motion by the appellant to withdraw his supplemental brief and for leave to serve and file a new brief on an appeal from a judgment of the County Court, Nassau County, rendered May 5, 2003.

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

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

ORDERED that on the court's own motion, the respondent's time to serve and file a brief in response to the appellant's supplemental brief is enlarged until July 7, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26104

O/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-09277 The People, etc., respondent, v Marcus Wiggins, appellant. (Ind. No. 97/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Dutchess County, rendered August 21, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26111

O/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-09277 The People, etc., respondent, v Marcus Wiggins, appellant. (Ind. No. 97/02)

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 County Court, Dutchess County, rendered August 21, 2003.

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 June 14, 2005, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court