Appellate Division: Second Judicial Department

M26154

Y/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-10246, 2004-10245 Jeremy Acevedo, etc., et al., respondents, v Ibrahim Suhail, et al., defendants, Sears, Roebuck and Co., appellant. (Index No. 18682/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, dated October 18, 2004, and October 26, 2004, respectively.

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 trial of the above-entitled action is stayed pending hearing and determination of the appeals.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26201

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-11021 Biagio Biafora, respondent, v City of New York, et al., appellants. (Index No. 34510/00)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated November 24, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26210

S/sl

2005-03216 Gerald Coviello, et al., plaintiffs-respondents, v J. J. Sisca Construction Corporation, et al., defendants- respondents, Lakeview Associates, LLC, appellant (and third-party actions). (Index No. 17236/00)

ORDER ON APPLICATION

Application by the defendants-respondents J. J. Sisca Construction Corporation, J. J. Sisca Associates Building Corp., and Sisca Group, and separate application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on an appeal from an order of the Supreme Court, Westchester County, dated February 18, 2005.

ORDERED that the applications are granted and the time of all respondents to serve and file their respective briefs is enlarged until July 15, 2005, and the respondents' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26241

S/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-05197 Adam J. Firsching, Jr., et al., appellants, v City of New York, respondent. (Index No. 1364/89)

DECISION & 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, Richmond County, dated October 23, 1989.

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

ORDERED that the application is denied, without prejudice to making a motion to enlarge their time to file the notice of appeal pursuant to CPLR 5520(a) and to enlarge the time to perfect the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26216

S/sl

2004-10193 LFJ Realty Co., respondent, v Bank of New York, et al., appellants. (Index No. 2491/03)

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, Kings County, dated October 29, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 22, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the appellants reply brief shall be served and filed on or before July 6, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26239

S/sl

2004-11046 Alfred F. Marietta, et al., respondents, v Antoine Scelzo, et al., defendants, Jeffrey Rogove, appellant. (Index No. 19254/03)

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 21, 2004.

ORDERED that the application is granted and 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.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26202

R/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-03837 Marty Markowitz, et al., respondents, v Makura, Inc., d/b/a Albany Econo Lodge, appellant (and a third-party action). (Index No. 23203/03)

DECISION & ORDER ON MOTION

Motion by the appellant 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 February 17, 2003.

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

ORDERED that the motion is granted and the 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 July 7, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 7, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26208

S/sl

2004-05235 Midlantic Commercial Leasing Corp., respondent, v Isaac Levin, appellant. (Index No. 4034/88)

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 May 24, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before June 20, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26082

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-06359, 2004-10670 Dawn Marie Monaco, plaintiff-respondent, v Idex Corporation, d/b/a Knight Idex, defendant, Amerikem Laboratories, Ltd., defendant third-party plaintiff-appellant; Envirochem, Inc., third-party defendant-respondent. (Index No. 13666/99)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated December 13, 2004, which dismissed an appeal from an order of the Supreme Court, Richmond County, dated October 19, 2004 (Appellate Division Docket No. 2004-10670), to reinstate that appeal, to enlarge the time to perfect that appeal, and to consolidate that appeal with an appeal from an order of the same court, dated May 24, 2004 (Appellate Division Docket No. 2004-06359).

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

ORDERED that branch of the motion which is to recall and vacate the decision and order on motion of this court dated December 13, 2004, and to reinstate the appeal is granted, and the decision and order on motion of this court dated December 13, 2004, is recalled and vacated, and the appeal from the order dated October 19, 2004 (Appellate Division Docket No. 2004-10670) is reinstated; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated October 19, 2004, is granted, and the appellant's time to perfect that appeal is enlarged until August 8, 2005, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary, as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c]); and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeal from the order dated May 24, 2004, is enlarged until August 8, 2005, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26207

E/sl

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

STEVEN W. FISHER, JJ.

2004-00792 Nyack Hospital, a/a/o John Watson, respondent, v Metropolitan Property & Casualty Insurance Company, appellant. (Index No. 6418/03)

DECISION & ORDER ON MOTION

Motion by appellant for leave to appeal to the Court of Appeals from a decision and order of this court dated March 21, 2005, which determined an appeal from an order of the Supreme Court, Nassau County, dated December 19, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26200

R/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-03007 Domenick Pallotta, et al., plaintiffs, v Morgan Guaranty Trust Company of New York, et al., respondents, New York Elevator & Electrical Corporation, appellant. (Index No. 13097/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Richmond County, dated January 7, 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 the motion is granted and enforcement of the order dated January 7, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 7, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 7, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26229

F/

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

GLORIA GOLDSTEIN, JJ.

2005-03373 People of the State of New York, respondent, v Ivan Mason, appellant.

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated May 19, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for leave to prosecute an appeal from a determination of the Supreme Court, Suffolk County, dated March 11, 2005, as a poor person, and for the assignment of counsel.

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

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

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

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

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

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

Del Atwell, Esq.

P.O. Box 2516

Montauk, New York 11954

and it is further,

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

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

ORDERED that the filing fee is waived (see CPLR 1103[d]); 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26204

R/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-08015 Karen Ramos, et al., appellants-respondents, v Nouveau Industries, Inc., respondent-appellant. (Index No. 25420/98)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, entered August 25, 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 respondent-appellant's time to serve and file a brief is enlarged until June 22, 2005, and the respondent-appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26228

E/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-04440 Christine Rosado, etc., et al., respondents, v Briarwoods Farm, Inc., etc., et al., defendants first/second third-party plaintiffs-appellants- respondents, Monsey Lumber & Building Supply Corp., defendant-respondent-appellant, et al., defendant; Thomas Scarpulla, Inc., second third- party defendant-respondent-appellant. (Index No. 5596/01)

DECISION & ORDER ON MOTION

Motion by Briarwoods Farm, Inc., defendant third-party and second third-party plaintiff-appellant-respondent on appeals and cross appeal from an order of the Supreme Court, Orange County, dated April 14, 2004, in effect, to stay the trial in the above-entitled action pending hearing and determination of the appeals and cross 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 as academic in light of the determination of the appeals and cross appeal (see Rosado v Briarwoods Farm, Inc., AD3d [2d Dept., June 6, 2005]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26198

Y/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2004-06881 S&I Property Management, LLC, plaintiff-appellant, v Montague Lee Limited Partnership, defendant third-party plaintiff-respondent, Kwang N. Park, third-party defendant-appellant, New One Realty, et al., third-party defendants-respondents (and a third-party action). (Index No. 25839/03)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the defendant third-party plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated July 9, 2004, on the ground that the appeal has been rendered academic.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.

FLORIO, J.P., KRAUSMAN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26245

S/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-10983 Allan Simmons, appellant, v Laura Simmons, respondent. (Index No. 8700/00)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated June 23, 2003.

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

ORDERED that on the court's own motion the appeal from so much of the order as referred "Motion Sequence 21" and "Motion Sequence 23" for a hearing and referred a portion of "Motion Sequence 26" for a hearing is dismissed, without costs or disbursements, as no appeal lies as of right from an order which directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; and it is further,

ORDERED that the appeal from so much of the order as disposed of "Motion Sequence 22" is dismissed, without costs or disbursements, as no appeal lies from an order entered upon stipulation (see CPLR 5511); and it is further,

 ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 15, 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., RITTER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26240

S/sl

2004-11124 Jun Sofue, appellant, v Mickiko Kurahashi, respondent. (Index No. 2003/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated August 31, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 8, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26243

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2005-05088 Judith Wallach, appellant, v Raymond Wallach, respondent. (Index No. 7428/98)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from findings of fact and conclusions of law of the Supreme Court, Rockland County, dated April 13, 2005.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from findings of fact and conclusions of law (see Bendetto v O'Grady, 10 AD2d 628).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26197

M/nal

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-05640 In the Matter of Isiah C. (Anonymous). Suffolk County Department of Social Services, respondent; Michael L. (Anonymous), appellant. (Docket No. N-17702-03)

SCHEDULING ORDER

Appeal by Michael L. from an order of the Family Court, Suffolk County, dated June 25, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 11, 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 15, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26209

S/sl

2004-10389 In the Matter of Juan Concepcion, petitioner, v Donald Selsky, etc., et al., respondents. (Index No. 3863/04)

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, Dutchess County, dated November 18, 2004.

ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until July 18, 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

M26215

S/sl

2005-02657 In the Matter of James E. Davis, deceased. Kenyean G. Penceal, respondent; Thelma Davis, appellant. (File No. 3134/03)

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 Surrogate's Court, Kings County, dated March 18, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 5, 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

M26218

Y/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

STEVEN W. FISHER, JJ.

2005-04293 In the Matter of Kevin James Fitzgerald, petitioner, v State University of New York at Stony Brook, et al., respondents. (Index No. 6016/05)

DECISION & ORDER ON MOTION

Motion by the State University of New York at Stony Brook and Office of Undergraduate Admissions for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated April 18, 2005.

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26195

M/nal

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-05639 In the Matter of Terrell L. (Anonymous). Suffolk County Department of Social Services, respondent; Michael L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Michelle L. (Anonymous). Suffolk County Department of Social Services, respondent; Michael L. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-17703-03, N-17704-03)

SCHEDULING ORDER

Appeal by Michael L. from an order of the Family Court, Suffolk County, dated June 16, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 14, 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 time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until June 15, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26199

M/nal

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

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

SCHEDULING ORDER

Appeals by Devorah Levande from three orders of the Family Court, Queens County, dated June 28, 2004, August 31, 2004, and October 15, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on March 2, 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 appeals is enlarged until June 20, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26186

M/nal

2005-04785 In the Matter of Jennifer Mazzetti, appellant-respondent, v Patricia Rudy, et al., respondents-appellants. (Proceeding No. 1) In the Matter of Jennifer Mazzetti, appellant-respondent, v David Rudy, et al., respondents-appellants. (Proceeding No. 2) In the Matter of Patricia Rudy, et al., respondents-appellants, v Jennifer Mazzetti, appellant-respondent. (Proceeding No. 3) In the Matter of Patricia Rudy et al., et al., petitioners, v Jennifer Mazzetti, respondent. (Proceeding No. 4) In the Matter of Jennifer Mazzetti, petitioner, v Patricia Rudy, et al., respondents. (Proceeding No. 5) (Docket Nos. V-495/04, V-496/04, V497/04, V-498/04, G-564/04, G-572/04)

SCHEDULING ORDER

Cross appeal by Patricia Rudy and David Rudy from an order of the Family Court, Putnam County, dated April 29, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the cross appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the cross appellants of the transcripts of the minutes of the proceedings in the Family Court, and the cross appellants 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 cross appellants 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 cross 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 cross 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

M26247

O/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-05478 In the Matter of Mary P. Mitchell, petitioner, v City of New York Department of Health and Mental Hygiene, respondent. (Index No. 11483/03)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated November 24, 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 the respondent's brief which was submitted to the Clerk of this court is accepted for filing.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26036

M/nal

2005-04654 In the Matter of Nathalie N. (Anonymous), respondent, v Jerome W. (Anonymous), appellant. (Docket Nos. P-33117-04, P-33118-04)

SCHEDULING ORDER

Appeal by Jerome W. from an order of the Family Court, Kings County, dated March 30, 2005. 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

M26039

M/nal

2005-04557 In the Matter of Toniann Otto, respondent, v Jeffrey L. Otto, appellant. (Docket No. O-5334-05)

SCHEDULING ORDER

Appeal by Jeffrey L. Otto from an order of the Family Court, Suffolk County, dated May 6, 2005. 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

M26194

M/nal

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-05044, 2004-08908, 2005-00200 In the Matter of Camille N. Rochester, respondent, v Fred B. Rochester, appellant. (Docket No. O-5226-04)

SCHEDULING ORDER

Appeals by Fred B. Rochester from three orders of the Family Court, Suffolk County, dated May 5, 2004, September 21, 2004, and January 5, 2005, respectively. The transcripts were received on April 7, 2005, and the appellant's brief was due on June 6, 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 appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until July 6, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26014

M/nal

2005-04683 In the Matter of Timothy E. Shockome, respondent, v Yevgenia Shockome, appellant. (Docket Nos. V-05156-02, V-05157-02)

SCHEDULING ORDER

Appeal by Yevgenia Shockome from an order of the Family Court, Dutchess County, dated May 5, 2005. 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

M25679

M/nal

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

SCHEDULING ORDER

Appeal by Anthony Bellere from an order of the Family Court, Queens County, dated November 18, 2004. By decision and order on motion of this court dated May 16, 2005, the following attorney was assigned as counsel on the appeal taken by Anthony Bellere:

Lewis S. Calderon, Esq.

90-50 Parsons Blvd., Suite 405

Jamaica, New York 11432

(718) 883-1560

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

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the 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 16, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26242

S/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-05238 In the Matter of Arthur Smyles, et al., petitioners, v State of New York, etc., et al., respondents. (Index No. 17160/04)

DECISION & ORDER ON MOTION

Appeal by the petitioners from an order of the Supreme Court, Nassau County, dated April 27, 2005, which transferred a proceeding pursuant to CPLR article 78 to this court.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order transferring a CPLR article 78 proceeding to the Appellate Division (see CPLR 5701; CPLR 7804[g]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26192

M/nal

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-01406 In the Matter of Donna L. Svoboda, respondent, v Glenn M. Svoboda, appellant. (Docket No. F-2163-99)

DECISION & ORDER ON MOTION

Appeal by Glenn M. Svoboda from an order of the Family Court, Suffolk County, dated January 6, 2005. By decision and order on motion dated May 3, 2005, the appellant was given until May 23, 2005, to respond to the scheduling order dated February 23, 2005. The appellant has failed to do so. On the court's own motion it is

ORDERED that the appeal is dismissed, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26244

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2005-04949 In the Matter of Mark A. White, appellant, v Pamela J. Watson, respondent. (Docket Nos. V-02593-01, V-02638-99, V-02649-99, V-13629-02, V-13630-02)

DECISION & ORDER ON MOTION

Appeal by Mark A. White from an order of the Family Court, Nassau County, dated April 19, 2005.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR5511).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M26175

F/

ROBERT A. LIFSON, J.

2005-04106 The People, etc., plaintiff, v Nick Castaldi, defendant. (Ind. No. 2523-99)

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 County Court, Suffolk County, dated April 8, 2005, 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.

ROBERT A. LIFSON

Associate Justice

Appellate Division : Second Judicial Department

M26222

K/sl

REINALDO E. RIVERA, J.

2005-04916 The People, etc., respondent, v Jeffrey Skya, appellant. (Ind. No. 750/04)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Nassau County, rendered May 20, 2005, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

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

ORDERED that the motion is denied.

REINALDO E. RIVERA

Associate Justice

Appellate Division: Second Judicial Department

M26220

K/sl

A. GAIL PRUDENTI, P.J.

2005-01829 The People, etc., respondent, v Aaron Waymon, appellant. (Ind. No. 1699/00)

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, entered January 25, 2005, 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, entered January 25, 2005, 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.

A. GAIL PRUDENTI

Presiding Justice