Appellate Division: Second Judicial Department

M26386

S/nal

2005-02000 Victor Alesi, et al., respondents, v Underforming & Foundation Construction, Inc., appellant. (Index No. 20743/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated December 14, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before August 29, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26303

Y/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

PETER B. SKELOS, JJ.

2003-10446 Allstate Insurance Company, et al., respondents, v United International Insurance Company, appellant. (Index No. 23990/00)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to appeal to the Court of Appeals from a decision and order of this court, dated March 28, 2005, which determined an appeal from a judgment of the Supreme Court, Suffolk County, entered November 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26320

L/

2005-01587 Matthew Antoniou, et al., respondents, v Prince News Corp., d/b/a Bogarts, appellant. (Index No. 16753/02)

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 November 9, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M26293

CF/

2005-00299 Banks, Shapiro, Gettinger, Waldinger, & Brennan, LLP, plaintiff-respondents, v Stephan Abbruzzese, et al., defendants third-party-plaintiffs-respondents; Rona J. Licht, third-party defendant-appellant. (Index No. 6158/03)

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 December 1, 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

M26379

L/

2004-03666 Dawn Bantum, respondent, v American Stock Exchange, LLC, et al., appellants. (Index No. 23099/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants American Stock Exchange, LLC and Eric S. Brown to withdraw their appeal from an order of the Supreme Court, Queens County, dated March 26, 2005.

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 by American Stock Exchange, LLC and Eric S. Brown is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26299

CF/

2004-09680 Ted Barnett, et al., respondents, v Jeffrey Schwartz, et al., appellants. (Index No. 15391/02)

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 September 7, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26339

S/nal

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-05221 Joyce Brennan, appellant, v Thomas Brennan, respondent. (Index No. 20971/03)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Suffolk County, dated April 27, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701).

FLORIO, J.P., SCHMIDT, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26306

CF/

2005-03625 Sylvia Brown, respondent, v 1299 Eastern, LLC, et al., appellants. (Index No. 43870/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 28, 2005.

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

M26308

CF/

2005-03841 Sylvia Brown, respondent, v 1299 Eastern LLC, et al., appellants. (Index No. 43870/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 11, 2005.

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

M26390

S/nal

2004-09521 Christopher Campbell, et al., appellants, v Nidia Colon Thomas, et al., respondents, et al., defendant. (Index No. 1756/01)

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, Putnam County, dated October 1, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 8, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26348

L/

2004-09481 Yasmin C. Chambers, appellant, v Carlos J. Galindo, et al., respondents. (Index No.250/04)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated September 2, 2004.

Upon the stipulation of the parties, dated May 26, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26314

S/sl

2005-00042 Allison Ciminello, respondent, v Anthony Ciminello, appellant. (Index No. 15576/03)

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, Suffolk County, dated December 1, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 22, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26300

CF/

2004-10810 Kristen Copeland, et al., respondents, v James Christopher Wittig, etc., et al., appellants. (Index No. 38599/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M26361

L/

2005-01889 Clara Cuva, appellant, v United Artists Theater Circuit, c/o Midway Movie Theater, respondent. (Index No. 20072/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M26321

L/

2005-00763 Giuseppe D'Amato, et al., appellants, v Carolann Leffler, et al., respondents. (Index No. 23863/96)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M26298

CF/

2004-10583 Barry S. Daskal, appellant, v City of New York, et al., respondents. (Index No. 34913/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 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 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26354

L/

2004-10520 Martha L. DeMattia, respondent, v Thomas J. DeMattia, appellant. (Index No. 200805/04)

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 November 3, 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

M26311

A/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-08871 Marco A. Donoso, appellant, v Jaime F. Moreno, respondent. (Index No. 1644/03)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated August 4, 2004, for failure to timely perfect the same.

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 is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26325

L/

2005-01468 Maria Dunleavy, respondent, v Leonard Butterman, appellant. (Index No. 10039/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 23, 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

M26405

S/nal

2004-05517 Excel Group, Inc., appellant, v New York City Transit Authority, respondent. (Index No. 43612/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated April 19, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before June 27, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26343

L/

2005-02154 Moshe Fischman, respondent, v Port Authority of New York & New Jersey, et al., appellants. (Index No. 25821/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, entered January 25, 2005.

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

M26384

S/nal

2004-09667 Furgang & Adwar, LLP, appellant, v Fiber Shield Industries, Inc., et al., respondents. (Index No. 3927/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Rockland County, dated August 23, 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

M26367

L/

2005-01332 Elton Gilkes, et al., appellants, v Marion Scott Real Estate, Inc., et al., respondents. (Index No. 24406/01)

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 November 19, 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

M26327

L/

2004-10692 Gjergj Gjoka, respondent, v Namdor, Inc., respondent-appellant, Muriel Zimberg, et al., appellants-respondents. (and a third party action) (Index No. 25307/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants-respondents to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 22, 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

M26333

L/

2004-10686 Richard Goldstein, respondent-appellant, v Patricia Woods-Goldstein, appellant- respondent. (Index No. 30174/96)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated September 30, 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

M26324

L/

2004-09045 Jacqueline Gomez, respondent, v Albert Stortini, appellant. (Index No. 809/96)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Orange County, dated September 7, 2004.

Upon the stipulation of the parties, dated May 31, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26338

L/

2005-04993 Nancy M. Harding, respondent, v Ramapo Central School District, appellant. (Index No. 7358/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated May 9, 2005.

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

M26362

L/

2004-09822 Betty Hsieh, appellant, v Graziano Construction, Inc., respondent. (Index No. 1147/03)

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 October 14, 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

M26313

S/sl

2004-11192 Diane Huynh, etc., et al., respondents, v City of New York, et al., appellants. (Index No. 13555/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 19, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 15, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26401

L/

2004-11028 Walter Jankowski, et al., respondents, v City of New York, et al., appellants. (Index No.15468/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 10, 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

M26394

S/nal

2004-08803 Darrell A. Johnson, appellant, v Jayne Worley, respondent. (Index No. 8338/04)

ORDER ON APPLICATION

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

M26351

L/

2005-01505 Michael S. Kharera, appellant, v Trevor Kroon, et al., respondents. (Index No. 16305/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 10, 2005.

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

M26421

S/nal

2004-10648 Christina Kotsakos, appellant, v Christos Tsirigotis, et al., respondents. (Index No. 22013/01)

ORDER ON APPLICATION

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

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

M26336

S/nal

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-09139 Alberto Larraz, respondent, v American Honda Motor Company, Inc., et al., appellants. (Index No. 3488/03)

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, Westchester 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 on the court's own motion the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right, and we decline to grant leave to appeal ( see CPLR 5701); and it is further,

ORDERED that the application is denied as academic.

COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26291

CF/

2005-00615 Andrea E. Levine, respondent, v Leon F. Entin, appellant. (Index No. 12526/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 4, 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

M26358

L/

2005-01944 Gustave Lindor, respondent, v New York City Transit Authority, appellant. (Index No.28296/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 24, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26374

L/

2005-01499 Dorothy Malbin, et al., appellants-respondents, v New York & Presbyterian Hospital, respondent-appellant, Boris Lend Lease LMB, Inc., et al., respondents. (and a third party action) (Index No. 30770/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 13, 2005.

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

M26296

CF/

2004-04344 Donald McNeil, et al, plaintiffs, v Brooklyn Hospital, et al., defendants third-party plaintiffs-respondents; S. J. Electric, Inc., defendant third-party defendant-appellant, et al., third-party defendant. (Index No. 49321/99)

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 February 25, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26369

L/

2005-00629 Deyanira Medina, respondent, v Paula Cinti, etc., et al., appellants, et al., defendants. (Index No. 11188/02)

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 November 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

M26371

M/nal

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

ROBERT A. SPOLZINO , JJ.

2003-10930 Bruce Militrano, etc., et al., appellants, v Lederle Laboratories, etc., et al., respondents, et al., defendants. (Index No. 18612/01)

DECISION & ORDER ON APPLICATION

Application by counsel for the appellant on an appeal from an order of the Supreme Court, Kings County, dated November 3, 2003, to admit, pro hac vice, Michael R. Hugo, an attorney in good standing in the state of Massachusetts, to represent the appellant on the appeal.

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 Michael R. Hugo is admitted, pro hac vice, to represent the appellant on the above-entitled appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26359

L/

2004-11162 Carol B. Miller, respondent, v Quasar Construction Corporation, et al., appellants. (Index No. 73/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated November 15, 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

M26322

L/

2005-02058 Miryam Zwick Spotless Cleaning Service, Inc., respondent, v Greenway Plaza Office Park I, et al., appellants. (Index No. 11069/03)

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 January 31, 2005.

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

M26317

L/

2004-08767 David Mohammed, appellant, v Islip Food Corp., d/b/a C-Town Supermarket, et al., respondents. (Index No. 11109/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 13, 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

M26326

L/

2005-05296 Michelle Montesione, et al., appellants, v Ice Cream Partners USA, et al., respondents. (Index No. 23436/01)

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 2, 2005.

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

M26335

L/

2005-03469 NYCTL 1998-2 Trust, et al., respondents, v J&A Ambrosio, Inc., defendant, Central Auto Repair & Body Shop, appellant. (Index No. 18368/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 14, 2005.

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

M26302

CF/

2005-01230 Vilma Nasta, et al., respondents, v Felicidad Inconis, defendant, Giuseppina Nasta, appellant. (Index No. 18792/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 13, 2005.

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

M26305

CF/

2005-02343 Vilma Nasta, et al., plaintiffs-respondents, v Felicidad P. Inconis, defendant-respondent, Giuseppina Nasta, appellant. (Index No. 18792/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated February 28, 2005.

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

M26289

Y/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-09116 Only Natural, Inc., respondent, v Realm National Insurance Company, et al., appellants. (Index No. 5642/02)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered September 23, 2004, without the respondent's trial exhibits, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is for leave to perfect the appeal without the respondent's trial exhibts motion is denied, with leave to renew unless on or July 1, 2005, the respondent provides the appellants with copies of the respondent's trial exhibits; and it is further,

ORDERED that the branch of the motion which is to enlarge time is granted, the appellants' time to perfect the appeal is enlarged until August 10, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26385

S/nal

2004-10994 Courtney Paolilli, appellant, v Steven N. Lynch, etc., et al., respondents. (Index No. 3173/00)

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, Dutchess County, entered November 5, 2004.

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

M26382

S/nal

2004-09552 Jose Paulino, appellant, v Juan Dedios, et al., respondents. (Index No. 29098/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated October 6, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before June 15, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26304

Y/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-03479 Cheryl Pickering, etc., respondent, v State of New York, appellant, (Claim No. 104771) Mary Pickering, etc., respondent, v State of New York, appellant. (Claim No. 106021)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondents to dismiss an appeal from a judgment of the Court of Claims, dated February 9, 2005, on the ground of res judicata.

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

ORDERED that the motion is denied.

ADAMS, J.P., KRAUSMAN, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26365

L/

2004-10869 Premier Storage Solutions of L.I. City, LLC, respondent, v U.S. Underwriters Insurance Company, appellant. (Index No. 1593/04)

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 September 30, 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

M26329

L/

2004-10533 Mark M. Salazar, et al., respondents, v New York City Transit Authority, appellant. (Index No. 33341/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated October 26, 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

M26330

L/

2005-02829 Mark M. Salazar, et al., respondents, v New York City Transit Authority, appellant. (Index No. 33341/00)

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 February 4, 2005.

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

M26319

L/

2005-03890 Sausto Contracting, Inc., respondent, v Avanti Building Construction Co., Inc., appellant. (Index No. 1978/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated March 18, 2005.

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

M26341

L/

2005-04866 Andrew P. Schmidt, et al., plaintiffs- respondent, v Milric Construction Corporation, defendant third-party plaintiff-respondent, Home Depot U.S.A., Inc., defendant-respondent; J.C. Steel Corporation, third-party defendant- appellant. (Index No. 12466/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 25, 2005.

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

M26295

A/nal

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-08580 Salim Sheikh, appellant, v Amina Mariam Basheer, respondent. (Index No. 25884/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to recall and vacate so much of a decision and order on motion of this court dated May 10, 2005, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2005 Calendar" as dismissed an appeal from an order of the Supreme Court, Queens County, dated September 28, 2004, for failure to timely perfect, to reinstate the appeal, 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 motion is granted, and so much of the decision and order on motion of this court dated May 10, 2005, as dismissed the instant appeal, is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until August 2, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ADAMS, J.P., KRAUSMAN, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26297

CF/

2004-10956 Louisa S.G. Spadafino, appellant, v Donna M. Roche, et al., respondents. (Index No. 24533/02)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M26426

S/nal

2004-10643 Carol Ann Thomas, appellant, v Leonard Smith, et al., respondents. (Index No. 47287/02)

ORDER ON APPLICATION

Application by the respondents Cory Jenkins and Clifford Jenkins 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 19, 2004.

ORDERED that the application is granted and the time of the respondents' Cory Jenkins and Clifford Jenkins to serve and file a brief is enlarged until June 23, 2005, and the brief of those respondents must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26346

L/

2005-00862 Michael J. Thompson, et al., respondents, v City of New York, respondent-appellant, Anthony H. Regisford, et al., appellants- respondents. (Index No.32921/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Queens County, dated December 2, 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 cross appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26331

L/

2005-00385 John Villardi, appellant, v Trans World Equities, Inc., et al., respondents. (Index No. 13725/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 29, 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

M26312

S/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-07819 Robert Yeganeh, appellant, v Supermarkets General Corp., etc., respondent. (Index No. 18243/84)

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, Queens County, dated July 15, 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 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; and it is further,

ORDERED that no further enlargements of time shall be granted.

COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26388

S/nal

2004-08293 In the Matter of Stephen J. Askew, etc., appellant, v New York City Department of Environmental Protection, etc., et al., respondents. (Index No. 3262/03)

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 and judgment (one paper) of the Supreme Court, Queens County, dated August 17, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before July 1, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26355

L/

2005-01275 In the Matter of Andre B. (Anonymous), appellant. (Docket No. D-06226-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated December 16, 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

M26249

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

ROBERT A. SPOLZINO, JJ.

1993-04929 In the Matter of Peter Brogan, a disbarred attorney. (Attorney Registration No. 2240737)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent, Peter Brogan, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated November 15, 1993, he was disbarred pursuant to Judiciary Law §90 upon his resignation as an attorney and counselor-at-law, pursuant to 22 NYCRR 691.9. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 27, 1977.

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

ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney including, but not limited to: (1) the details of the respondent's compliance with the order of disbarment including steps taken to notify all clients, return all files, and close his practice, and the respondent's failure to previously file an affidavit of compliance; and (2) the details of the respondent's continuing legal education business.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26246

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

DAVID S. RITTER, JJ.

1990-07504 In the Matter of Sydney J. Chase, a disbarred attorney. (Attorney Registration No. 1646355)

DECISION & ORDER ON APPLICATION FOR REINSTATEMENT

Application by the respondent, Sydney J. Chase, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 16, 1965. By opinion and order of this court dated September 8, 1986, he was disbarred. By decision and order of this court dated May 10, 1991, his first application for reinstatement was denied as premature. By decisions and orders of this court dated October 27, 1993, January 12, 1995, December 20, 1996, May 16, 2001, and April 23, 2002, respectively, his subsequent applications for reinstatement were denied. By further decision and order of this court dated November 7, 2002, his motion for renewal of his prior application for reinstatement was denied. By decisions and orders of this court dated June 25, 2003, and July 2, 2004, the respondent's eighth and ninth applications for reinstatement were denied.

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

ORDERED that the application is denied.

We find that the respondent does not demonstrate the requisite character and fitness to practice law.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26318

L/

2005-04147 In the Matter of Clarendon National Insurance Company, petitioner-respondent, v Mohammed Malik, respondent, Eagle Insurance Company, appellant. (Index No. 28081/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 7, 2005.

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

M26364

L/

2004-10909 In the Matter of Vito L. Faga, Jr., et al., appellants, v Harrison Central School District, respondent. (Index No. 12334/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated November 15, 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

M26315

L/

2004-07323 In the Matter of Sandie Friedland, appellant, v Benjamin Schwartz, et al., respondents. (Index No. 5313/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M26316

L/

2004-07324 In the Matter of Sandie Friedland, appellant, v Benjamin Schwartz, et al., respondents. (Index No. 5313/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated July 13, 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

M26340

S/nal

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-05263 In the Matter of Matthew P. Golden, respondent, v Roxana Leszczynski, appellant. (Docket No. V-1213-98)

DECISION & ORDER ON MOTION

Appeal by Roxana Leszczynski from an order of the Family Court, Orange County, dated March 28, 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 CPLR 5511).

FLORIO, J.P., SCHMIDT, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26301

A/nal

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-08790 In the Matter of Brian M. Kennedy, petitioner, v Wayne E. Bennett, etc., respondent. (Index No. 9639/04)

DECISION & ORDER ON MOTION

Motion by the respondent in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Suffolk County, dated September 20, 2004, to enlarge the record to include the petitioner's "personnel jacket" as an exhibit under seal for this court's in camera review.

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 on or before July 13, 2005, the respondent shall file a copy of the petitioner's "personnel jacket" as an exhibit under seal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26292

CF/

2004-10700 In the Matter of Liberty Mutual Insurance Company, respondent, v Juan Jimenez, appellant. (Index No. 20247/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 10, 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

M26419

S/nal

2004-10952 In the Matter of New York State Correction Officers and Police Benevolent Association, Inc., etc., et al., appellants-respondents, v Hinman Straub, P.C., etc., et al., respondents-appellants. (Index No. 14585/04)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated October 18, 2004.

ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until September 30, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; 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]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26323

L/

2005-03808 In the Matter Premier Insurance Company of Massachusetts, petitioner-respondent, v Gerald Casimir, et al., respondents-respondents, Eagle Insurance Company, appellant. (Index No. 9857/03)

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 March 22, 2005.

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

M26307

A/nal

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2005-03415 DECISION & ORDER ON MOTION In the Matter of Kim Ragland, petitioner, v Michael Bongiorno, etc., et al., respondents.

Motion by the petitioner, a state inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.

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

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

ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).

The allegations of merit contained in the petitioner's affidavit in support of the motion for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26309

Y/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-07869, 2004-07870, 2004-07871 In the Matter of William Michael S. (Anonymous), a/k/a William S. (Anonymous). Administration for Children's Services, et al., respondents; Teodor S. (Anonymous), appellant. In the Matter of Bill Eugen S. (Anonymous), a/k/a Bill S. (Anonymous). Administration for Children's Services, et al., respondents; Teodor S. (Anonymous), appellant. In the Matter of Diana S. (Anonymous). Administration for Children's Services, et al., respondents; Teodor S. (Anonymous), appellant. (Docket Nos. B-15311/03, B-15312/03, B-15313/03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to file fewer than nine copies of his brief on appeals from three orders of the Family Court, Kings County, all dated August 19, 2004, and for an enlargement of time to perfect the appeals.

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

 ORDERED that the branch of the motion which is to enlarge time is granted, 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 670.9[d][2]) and by serving and filing his brief on the appeals is enlarged until August 11, 2005; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., SCHMIDT, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26290

CF/

2005-00309 In the Matter of S. DiFazio & Sons Construction, Inc., petitioner, v Raymond P. Martinez, respondent. (Index No. 8327/04)

ORDER ON APPLICATION Application to Withdraw Proceeding

Proceeding pursuant to CPLR article 78, which was transferred to this court by order of the Supreme Court, Richmond County, dated December 3, 2004.

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

ORDERED that the proceeding is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26376

E/nal

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-10100 In the Matter of John Shields, et al., appellants, v Charlotte Madigan, etc., et al., respondents. (Index No. 1458/04)

DECISION & ORDER ON MOTION

Motion by the American Psychological Association, National Association for Social Workers, New York City Chapter of the National Association for Social Workers, and New York State chapter of the National Association for Social Workers for leave to file an amicus curiae brief on an appeal from a judgment of the Supreme Court, Rockland County, dated October 18, 2004, and for leave to file an oversized brief. Separate motions for leave to file amici curiae briefs by (1) the New York County Lawyers' Association and the National Black Justice Coalition, (2) the Women's Bar Association of the State of New York, National Organization for Women - New York State, and Pace Women's Justice Center, (3) Professors of History and Family Law, (4) the Asian American Legal Defense and Education Fund, Asian Equality, Equality Federation, National Asian Pacific American Legal Consortium, National Center for Lesbian Rights, National Gay & Lesbian Task Force, People for the American Way Foundation, and Vermont Freedom to Marry Task Force, (5) the Association of the Bar of the City of New York, American Academy of Matrimonial Lawyers, New York Chapter, and Lesbian, Gay, Bisexual and Transgender Law Association of Greater New York, (6) the Empire State Pride Agenda, Bronx Lesbian and Gay Resource Consortium, Capital District Gay and Lesbian Community Counsel, Gay and Lesbian Youth Services of Western New York, Inc., Gay Alliance of Genesee Valley, Gay Men of African Descent, Gay Men's Health Crisis, Inc., In Our Own Voices, Institute for Human Identity, Inc., Lesbian and Gay Family Building Project, LOFT: Lesbian and Gay Community Services Center, Inc., Long Island Crisis Center, Long Island Gay and Lesbian Youth, Inc., Pride Center of Western New York, Inc., Rainbow Heights Club, and SAGE/Upstate, (7) Parents, Families & Friends of Lesbians and Gays, Inc., Family Pride Coalition, Human Rights Campaign, Human Rights Campaign Foundation, and New York City Gay & Lesbian Anti-Violence Project, and (8) the Academy for Jewish Religion, Affirmation Gay & Lesbian Mormons, Affirmation: United Methodists for Lesbian, Gay, Bisexual, and Transgender Concerns, and other stated religious organizations, congregations, clergy, and faith-based community groups.

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

ORDERED that the branch of the motion of the American Psychological Association, National Association for Social Workers, New York City chapter of the National Association for Social Workers, and New York State chapter of the National Association for Social Workers which is for leave to file an amicus curiae brief and the motions of the other parties are granted; and it is further,

ORDERED that the amici curiae briefs must be served on the parties, and nine copies filed in this court on or before July 6, 2005; and it is further,

ORDERED that no oral argument by the amici curiae shall be permitted; and it is further,

ORDERED that the parties, if they be so advised, may file reply briefs to the amici curiae briefs on or before August 5, 2005; and it is further,

ORDERED that the parties, if they be so advised, may file a single brief in reply to the brief of the amici curiae briefs; and it is further,

ORDERED that on the court's own motion, the respondents' time to serve and file a brief is enlarged until August 5, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion of the American Psychological Association, National Association for Social Workers, New York City chapter of the National Association for Social Workers, and New York State chapter of the National Association for Social Workers which is for leave to file an oversized brief is denied.

COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26380

L/

2005-03549 In the Matter of Soundview Associates, respondent, v Town of Riverhead, et al., appellants. (Index No. 7584/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 23, 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

M26353

S/nal

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-05122 In the Matter of Itoko Suzuki, respondent, v Arnold Peters, appellant. (Docket No. F-901-01, F-1014-01)

DECISION & ORDER ON MOTION

Appeal by Arnold Peters from an order of the Family Court, Westchester County, dated April 20, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable (see Family Ct Act § 439[e]).

FLORIO, J.P., SCHMIDT, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26415

S/nal

2004-09352 In the Matter of Tax Foreclosure of 2000 and Prior Liens by Proceeding In Rem Pursuant to Article 11 of the Real Property Tax Law by Town of Greenburgh. Town of Greenburgh, respondent; Route 9A Realty Corp., appellant. (Index No. 12659/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated October 5, 2004.

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

M26344

S/nal

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-05215 In the Matter of Leo Ziegel, respondent, v Howard Feldman, appellant. (Docket No. O-16240-04)

DECISION & ORDER ON MOTION

Appeal by Howard Feldman from an order of the Family Court, Queens County, dated April 14, 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 CPLR 5511).

FLORIO, J.P., SCHMIDT, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26347

S/nal

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-05216 In the Matter of Leo Ziegel, respondent, v Susan Feldman, appellant. (Docket No. O-16239-04)

DECISION & ORDER ON MOTION

Appeal by Susan Feldman from an order of the Family Court, Queens County, dated April 14, 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 CPLR 5511).

FLORIO, J.P., SCHMIDT, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26349

S/nal

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-05217 In the Matter of Leo Ziegel, respondent, v Audrey Serel, appellant. (Docket No. O-16238-04)

DECISION & ORDER ON MOTION

Appeal by Audrey Serel from an order of the Family Court, Queens County, dated May 11, 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 CPLR 5511).

FLORIO, J.P., SCHMIDT, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26350

S/nal

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-05219 In the Matter of Leo Ziegel, respondent, v George Serel, appellant. (Docket No. O-16237-04)

DECISION & ORDER ON MOTION

Appeal by George Serel from an order of the Family Court, Queens County, dated May 11, 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 CPLR 5511).

FLORIO, J.P., SCHMIDT, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26085

A/nal

HOWARD MILLER, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA, JJ.

2002-05285 The People, etc., respondent, v Rajiv Kumar, appellant. (Ind. No. 2048/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to recall and vacate a decision and order on motion of this court dated March 11, 2005, which dismissed an appeal from a judgment of the Supreme Court, Queens County, rendered May 8, 2002, for failure to timely perfect the same, to reinstate the appeal, and to enlarge his time to perfect the appeal.

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

ORDERED that the motion is denied.

H. MILLER, J.P., RITTER, KRAUSMAN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26418

R/nal

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2003-04949 The People, etc., respondent, v Oscar Rios, appellant. (Ind. No. 385/02)

DECISION & ORDER ON MOTION Motion for an Enlargement of Time to file a Supplemental brief

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 22, 2003.

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

ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before August 15, 2005; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,

ORDERED that no further enlargements of time shall be granted.

FLORIO, J.P., SCHMIDT, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26310

A/nal

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2005-03158 The People, etc., respondent, v Gjelosh (Joseph) Rukaj, appellant. (Ind. No. 97-01400)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered July 15, 1998, and cross motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]); and it is further,

ORDERED that the cross motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court