Appellate Division: Second Judicial Department

M26404

L/

2005-01621 A.N.S. Welding Corp., et al., respondents, v S. Mac Gutman, et al., appellants. (Index No. 13642/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Nassau County, dated January 12, 2005.

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

ORDERED that the applications are granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26406

L/

2005-01648 A.N.S. Welding Corp., et al., respondents, v S. Mac Gutman, et al., appellants. (Index No. 13642/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Nassau County, dated January 11, 2005.

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

ORDERED that the applications are granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26398

L/

2005-02001 Toma Avram, respondent, v Bridgeview II Company, et al., appellants (and a third party action). (Index No. 33041/02)

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M26432

S/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-03450 Seham Ayach, et al., respondents-appellants, v Olga Ghazal, et al., appellants-respondents. (Index No. 21940/02)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to stay the trial in the above-entitled action, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated March 24, 2005.

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26453

J/sl

2004-09275 William P. Bartone, et al., plaintiffs, v City of New York Department of Sanitation, defendants third-party plaintiffs-respondents; A.A. Truck Renting Corp., third-party defendant-appellant. (Index Nos. 15760/03, 75098/04)

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 10, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 30, 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

M26294

CF/

2005-02075 Alix Boucard, et al., respondents, v Stanley Leonhard, et al., appellants. (Index No. 1522/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Stanley Leonhard to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 31, 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 by Stanley Leonhard is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26467

CF/

2005-02075 Alix Boucard, et al., respondents, v Stanley Leonhard, et al., appellants (Index No. 1522/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal by Marie Boucard from an order of the Supreme Court, Queens County, dated January 31, 2005.

Upon the stipulation of the parties, dated May 24, 2005, it is

ORDERED that the appeal by the appellant Marie Boucard is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26408

L/

2005-00028 Leigh A. Brand, appellant, v Association of Oakridge Condominiums, Inc., et al., respondents. (Index No. 549/03)

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 8, 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

M26458

J/sl

2004-09085 David Bregman, appellant, v Douglas Finn, etc., respondent, et al., defendant. (Index No. 23048/98)

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 August 16, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 21, 2005, and the record or appendix on the appeal and the appellant's brief must be filed on or before that date; and it is further,

ORDERED that the respondent's time to serve and file his brief is enlarged until July 21, 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

M26479

CF/

2004-05519 Akin Brown, etc., plaintiff, v Wyckoff Heights Medical Center, defendant third-party plaintiff- respondent, et al., defendants; Chang S. Lee, etc., third-party defendant-appellant. (Index No. 12165/97)

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 May 14, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26357

C/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-00010 Feliberto Capellan, respondent, v King Wire Company, et al., appellants, et al., defendants. (Index No. 30449/00)

DECISION & ORDER ON MOTION

Motion by the appellant Nahas Rug Co., Inc., to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated August 18, 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 all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal.

ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26469

CF/

2005-01836 Joy Casazza, respondent, v Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, et al., appellants (and a third-party action). (Index No. 11925/97)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Suffolk County, dated January 21, 2005.

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

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26411

L/

2005-03595 Juan Castelnau, et al., respondents, v Sisters Trans, Inc., et al., appellants. (Index No.20542/03)

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 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

M26422

L/

2005-03030 Rene Castro, plaintiff-respondent, v 111 Chelsa, LLC, et al., defendants third-party plaintiffs-appellants; Eagle Dismantling Corp., third-party defendant- respondent. (Index No. 25705/99)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M26409

L/

2005-01283 Margaret Connelly Collica, etc., et al., appellants, v Staten Island University Hospital, et al., respondents. (Index No. 12414/01)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M26420

A/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-00353 April Connard, appellant, v WHC, Inc., respondent. (Index No. 4171/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated October 22, 2003, for leave to reargue his prior motion to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2004 Calendar," dated November 3, 2004, as dismissed the above-entitled appeal, which was determined by decision and order on motion of this court dated March 7, 2005.

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

ORDERED that the motion is denied.

FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26416

L/

2004-11133 Culver & Theisen, Inc., appellant, v Starr Realty Company (NE), LLC, respondent. (Index No. 19870/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated September 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

M26472

CF/

2005-04065 Agostino D'Onofrio, et al., plaintiffs- appellants, v New Jersey Mortgage & Investment Corp., et al., defendants, Bruce Bandes, etc., respondent (and a third-party action). (Index No. 813/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Jan B. Kabas to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 16, 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 by Jan B. Kabas is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26423

L/

2005-03347 Empire Insurance Company, appellant, v Nationwide Mutual Insurance Company, respondent. (Index No. 10818/02)

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 March 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

M26393

CF/

2004-10708 Carlos Espitia, appellant-respondent, v Corona Floor Supplies, Inc., et al., respondents-appellants. (Index No. 8392/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellant-respondent and the respondents-appellants to withdraw their respective appeal and cross appeals from an order of the Supreme Court, Queens County, dated October 13, 2004.

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

ORDERED that the applications are granted and the appeal and cross appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26429

C/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-01471 Federal National Mortgage Association, etc., appellant, v Peter Katz, et al., respondents. (Index No. 19840/03)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to enjoin the respondent Spark Real Estate from cancelling a notice of pendency against the subject property pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated January 3, 2005.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26445

CF/

2005-05133 Fleet National Bank, respondent, v Formula Equipment, Inc., et al., appellants. (Index No. 4147/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated May 12, 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

M26452

J/sl

2004-08229 Migdalia Flores, plaintiff-respondent, v Jeffrey M. Brown Construction Associates, et al., defendants third-party plaintiffs-appellants, et al., defendant; Saratoga Security Services, Inc., third-party defendant-respondent (and another third-party action). (Index Nos. 22883/99, 75364/00, 75508/01)

ORDER ON APPLICATION

Application by the third-party defendant-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 July 15, 2004.

ORDERED that the application is granted and the third-party defendant-respondent's time to serve and file a brief is enlarged until July 8, 2005, and the third-party defendant-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

M26468

CF/

2005-00316 Geico General Insurance Company, etc., plaintiff, Jinette Lanoix, respondent, v Town of Smithtown, et al., appellants. (Index No. 32174/02)

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 24, 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

M26433

J/sl

2004-10825 Rocco Giannattasio, respondent-appellant, v Han Suk Kang, et al., appellants-respondents, City of New York, respondent. (Index No. 38610/01)

ORDER ON APPLICATION

ORDERED that the order on application of this court dated June 7, 2005, in the above-entitled action is recalled and vacated, and the following order on application is substituted therefor:

Application by the appellant-respondent Han Suk Kang to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 16, 2004.

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

ORDERED that the application is granted and the appeal by the appellant-respondent Han Suk Kang is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26493

CF/

2004-10052 Patricia Gibbs, appellant, v City of New York, et al., respondents. (Appeal No. 1) 2005-03470 Patricia Gibbs, appellant-respondent, v City of New York, respondent-appellant, et al., defendants-respondents. (Appeal No. 2) (Index No. 6829/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant on appeals from an order of the Supreme Court, Queens County, dated August 12, 2004 (Appellate Division Docket No. 2004-10052), and an appeal and cross appeal from an order of the same court, dated March 18, 2005 (Appellate Division Docket No. 2005-3470), to withdraw its cross appeal from the order dated March 18, 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 cross appeal from the order dated March 18, 2005, pending under Appellate Division Docket No. 2005-03470, is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26417

L/

2005-04358 Rita Hage, et al., respondents, v Harry G. DeMeo, et al., appellants. (Index No. 20195/04)

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 29, 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

M26481

CF/

2005-00816 Sharon F. Haile, plaintiff-appellant, v Roy R. Yaccino, defendant-appellant, Skip's Transport Corporation, et al., defendants-respondents. (Index No. 16401/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Westchester County, dated December 6, 2004.

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

ORDERED that the applications are granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26446

CF/

2004-08693 Jaco Electronics, Inc., appellant, v M-Systems, Inc., respondent. (Index No. 25982/03)

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 August 18, 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

M26389

L/

2005-01140 Fred Karp, respondent, v Walden Terrace, Inc., c/o Myron Medine, appellant, et al., defendant. (Index No. 2965/03)

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 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

M26462

J/sl

2004-10551 Daniel Kruszka, appellant, v City of New York, et al., defendants, Brooklyn Union Gas Company, respondent. (Index No. 21306/96)

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 October 20, 2004.

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

M26454

J/sl

2004-10317 George Lang, et al., plaintiffs-respondents, v Westfield Mortgage Corporation, Inc., et al., defendants third-party plaintiffs-respondents; Hill & Bowles, Inc., third-party defendant-appellant. (Index No. 24106/00)

ORDER ON APPLICATION

Application by the defendants third-party plaintiffs-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, Suffolk County, dated August 30, 2004.

ORDERED that the application is granted and the time of the third-party plaintiffs-respondents to serve and file a brief is enlarged until July 7, 2005, and the third-party plaintiffs-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

M26407

L/

2005-03781 Agnieszka Lebiedzinska, appellant, v Gunter Freitag, et al., respondents. (Index No. 17567/03)

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 March 23, 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

M26413

C/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-01782 Maria Martinez, et al., respondents, v Denis Mullarkey, respondent-appellant, Centennial Elevator Industries, Inc., etc., appellant-respondent. (Index No. 19539/98)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss the cross appeal by the respondent-appellant from an interlocutory judgment of the Supreme Court, Queens County, dated January 10, 2005, on the ground that the cross appeal was not timely taken.

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 cross appeal is dismissed, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26410

A/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

STEVEN W. FISHER, JJ.

2004-05786 Mortgage Electronic Registration Systems, Inc., etc., respondent, v Anthony Piazza, Jr., appellant, et al., defendants. (Index No. 4146/02)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered May 19, 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]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26277

J/sl

2005-01879 John Napolitano, appellant, v Anthony Polichetti, respondent. (Index No. 8231/03)

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 of the Supreme Court, Nassau County, dated January 26, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26391

C/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-05156 Jeffrey Nesse, appellant, v Deborah Nesse, respondent. (Index No. 202432/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Nassau County, dated May 5, 2005, as directed him to pay to the respondent a pendent lite attorney's fee of $20,000, pending the hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26383

F/

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-04160 People of the State of New York, respondent, v Alfredo Gallard, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a determination of the Supreme Court, Kings County, dated April 12, 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 denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Kings County, continues on appeal; 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 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26434

A/sl

ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2003-09988 John Pisapia, appellant, v Incorporated Village of Patchogue, et al., respondents. (Index No. 2183/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated July 9, 2003, which was determined by decision and order of this court dated March 21, 2005.

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, with $100 costs.

SCHMIDT, J.P., ADAMS, LUCIANO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26485

CF/

2004-07341 Jan Poplawski, plaintiff, v Affordable Dwelling Units Leasing Corporation, defendant third-party plaintiff-respondent-appellant, et al., defendant; Affordable Dwelling Units of George Street, Inc., third-party defendant-appellant-respondent. (Index No. 5770/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent Affordable Dwelling Units of George Street, Inc., to withdraw its appeal from an order of the Supreme Court, Kings County, dated July 12, 2004.

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

ORDERED that the application is granted and the appeal by Affordable Dwelling Units of George Street, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26414

L/

2005-00518 Yafa Soleimani, plaintiff-respondent, v Alfred Gilardian, defendant-respondent, Ensieh Moghiseh, appellant. (Index No. 6237/04)

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 December 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

M26427

S/sl

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

ORDER ON APPLICATION

Application by the respondent Salvator Cento 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 respondent Salvator Cento to serve and file a brief is enlarged until July 15, 2005, and that respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26466

J/sl

2004-11019 Mory Toure, appellant, v City of New York, et al., respondents. (Index No. 11022/96)

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 November 8, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 9, 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

M26425

C/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-10055 Wells Fargo Home Mortgage, plaintiff-respondent, v Domingo Acosta, a/k/a Domingo De La Cruz, et al., defendants; George Andreadis, appellant, Michael F. Mongelli II, etc., et al., nonparty- respondents. (Index No. 501/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Queens County, dated September 27, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; the appellant's time to perfect the appeal is enlarged until July 20, 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 the branch of the motion which is to waive the requirements of 22 NYCRR 670.102(f) regarding certification of the record on appeal is denied, with leave to renew when the record and brief are filed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26402

L/

2005-01893 Susan Winters, appellant, v Bulbtronics, Inc., et al., respondents. (Index No. 9700/04)

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 January 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

M26476

CF/

2005-01612 Wychwood Associates, respondent, v 1 Stop Camera & Electronic Corp., et al., appellants. (Index No. 5290/04)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M26477

CF/

2005-03136 Wychwood Associates, respondent, v 1 Stop Camera & Electronic Corp., et al., appellants. (Index No. 5290/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 17, 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

M26400

L/

2005-00380 Boris Yakubov, respondent, v Pei Yu Zhong, appellant. (Index No. 1732/04)

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 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

M26475

CF/

2005-00355, 2005-00356 In the Matter of Patricia Brown, petitioner, v Robert Clancy, et al., respondents. (Proceeding No. 1) In the Matter of Patricia Brown, petitioner, v Ericka Paganini, respondent. (Proceeding No. 2) In the Matter of Robert Clancy, petitioner, v Erika Paganini, et al., respondents. (Proceeding No. 3) In the Matter of Ronald Paganini, appellant, v Patricia Brown, et al., respondents. (Proceeding No. 4) (Docket Nos. V-0678-01, V-0679-01, V-1930-04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Ronald Paganini to withdraw appeals from two orders of the Family Court, Nassau County, both dated November 29, 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 appeals by Ronald Paganini are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26444

M/nal

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-00640, 2005-00642 In the Matter of Latisha C. (Anonymous). Forestdale, Inc., petitioner-respondent; Richard S. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Lateefia C. (Anonymous). Forestdale, Inc., petitioner-respondent; Richard S. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. B-15378/01, B-15379/01)

DECISION & ORDER ON MOTION

Appeals by Richard S. from two orders of the Family Court, Queens County, both dated December 2, 2004. By order dated April 4, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeals as a poor person upon papers establishing that she was entitled to that relief and indicating that she is interested in pursuing the appeals on or before May 3, 2005. The appellant has failed to do so. By order to show cause May 18, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals.

Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeals are dismissed, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26474

CF/

2004-09673 In the Matter of Providence C. (Anonymous). Stuart Mitchell, respondent; Charles Robert, nonparty-appellant. (Index No. 8338/02)

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 September 21, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26482

CF/

2005-02363 In the Matter of Olga Cirillo, respondent, v Lawrence Damien Toglia, appellant. (Docket No. V-14615-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Westchester County, dated February 8, 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

M26483

CF/

2005-00886 In the Matter of Stephen H. Deckoff, respondent; Daniel L. Colbert, appellant. (Index No. 11138/04)

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 22, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26375

F/

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-04290 In the Matter of Jasmine E. (Anonymous), appellant. (Docket No. D-1665-05)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Orange County, dated April 8, 2005, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the Law Guardian, Stuart I. Greenberg, Esq., 106 Stage Road, Monroe, New York 10950, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 227-0206

and it is further,

 ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26443

CF/

2005-04300 In the Matter of Khilee F. (Anonymous), appellant. (Docket No. S-13365-04)

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 April 14, 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

M26412

R/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-04981 In the Matter of Maria G. (Anonymous), appellant; Administration for Children's Services, petitioner-respondent; Marcos G. (Anonymous), respondent-respondent. (Docket No. N-00927-01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Queens County, dated May 23, 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 denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26439

M/nal

2004-10395, 2004-10396, 2004-10397 In the Matter of Leta Greenstein, respondent, v Jerry Greenstein, appellant. (Docket No. F-1931-03)

SCHEDULING ORDER

Appeals by Jerry Greenstein from three orders of the Family Court, Rockland County, dated May 3, 2004, July 24, 2004, and October 21, 2004, respectively. By decision and order on motion of this court dated June 9, 2005, the appellant's motion to reargue a prior motion for leave to prosecute the above-entitled appeals as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected within 45 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 20 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 proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 20 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26436

M/nal

2005-00647 In the Matter of Nicholas C. Hoffman, appellant, v Theresa Debello-Tehany, respondent. (Docket No. F-11361-03)

SCHEDULING ORDER

Appeal by Nicholas C. Hoffman from an order of the Family Court, Suffolk County, dated December 13, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until July 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26471

J/sl

2004-10828 In the Matter of Joel Jacobowitz, et al., appellants, v City of New York Department of Housing Preservation and Development, respondent. (Index No. 28262/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated October 26, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 21, 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

M26463

M/nal

2004-08765 In the Matter of Ayana Jean L. (Anonymous). Administration for Children's Services, petitioner- respondent; Sandra Jean L. (Anonymous), respondent- respondent; Phillip Jean L. (Anonymous), appellant. (Docket No. N-11110-02)

SCHEDULING ORDER

Appeal by Phillip Jean L. from an order of the Family Court, Queens County, dated August 5, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 03, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26440

M/nal

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-10649 In the Matter of Ricardo M. Legazpy, appellant, v Jacqueline Ruggiero-Legazpy, respondent. (Docket Nos. V-04236-04, V-04237-04)

DECISION & ORDER ON MOTION

Appeal by Ricardo M. Legazpy from an order of the Family Court, Richmond County, dated October 19, 2004. The transcripts were received by the appellant on March 15, 2005, and pursuant to the scheduling order of this court dated December 10, 2004, the appeal in the above-entitled proceeding was to be perfected within 60 days of the date of the receipt of the transcripts. The appeal has not been perfected. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated December 10, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26373

F/

BARRY A. COZIER, J.P.

SONDRA MILLER,

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-01846 In the Matter of Shawndel M. (Anonymous). Suffolk County Department of Social Services, respondent; Korisha S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Shaquay S.-M. (Anonymous). Suffolk County Department of Social Services, respondent; Korisha S. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-14459-04, N-14460-04)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Suffolk County, dated February 4, 2005, and for leave to the appellant to prosecute the appeal as a poor person.

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

ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

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

ORDERED that the stenographers(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

Marlene Lange Budd, Esq.

66 Dix Highway

Dix Hills, New York 11746

(631) 421-3799

and it is further,

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

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26378

F/

BARRY A. COZIER, J.P.

SONDRA MILLER,

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-02888 In the Matter of Charlene Morisseau, appellant, v Nancy Morisseau, respondent. (Docket No. O-12399-04)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Westchester County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Westchester County, dated February 28, 2005, and for leave to the appellant to prosecute the appeal as a poor person.

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

ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

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

ORDERED that the stenographers(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

Izhak Ben-Meir, Esq.

720 Milton Road - Apt. 4B

Rye, New York 10580

(914) 967-3991

and it is further,

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

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26395

L/

2005-04292 In the Matter of Samantha Price, respondent, v Richard Anthony Arroyo, appellant. (Docket No. F-4559/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Richmond County, dated April 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

M26473

S/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

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

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated June 6, 2005, in the above-entitled matter is amended by adding to the decretal paragraph thereof after the word "renew" the words ", on or before June 30, 2005,".

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26431

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-07741 In the Matter of Madeline I. Sharp, etc., appellant, v West Islip Public Schools, respondent. (Index No. 21122/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk county, dated August 4, 2004, to vacate a decision and order on motion of this court dated October 26, 2004, in the above-entitled action which, inter alia, granted the appellant's motion to stay the enforcement of the order pending hearing and determination of the appeal, on the ground that the appellant failed to perfect the appeal in accordance with the decision and order on motion of this court dated October 26, 2004, as amended by decision and order on motion of this court dated December 16, 2004.

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

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

ORDERED that on the court's own motion, the decision and order on motion of this court dated October 26, 2004, as amended December 16, 2004, is further amended by deleting from the decretal paragraphs thereof the date "March 2, 2005," and substituting therefor the date "July 15, 2005."

FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26470

M/nal

2005-01085, 2005-01086, 2005-01154, 2005-01155, 2005-01165 In the Matter of Theresa Helen T. (Anonymous), a/k/a Theresa Helen D. (Anonymous), a/k/a Theresa T. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Christina Shannon T. (Anonymous), a/k/a Christina T. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Silvia Marie D. (Anonymous), a/k/a Silvia D. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 3 ) In the Matter of Patricia D. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 4) (Docket Nos. B-11446/02, B-11448/02, B-11447/02, N-4878/96, N-4879/96, N-4880/96, N-4881/96)

ORDER TO SHOW CAUSE

By decision and order on motion of this court dated April 7, 2005, the appellant Wayne T. was granted leave to renew a motion for leave to prosecute appeals in the above-entitled proceedings from three orders of the Family Court, Queens County dated May 31, 2004 (Appellate Division Docket No. 2005-01155), October 21, 2004 (Appellate Division Docket No. 2005-01156), and November 18, 2004 (Appellate Division Docket No. 2005-01085) , respectively, and the order dated November 30, 2004, issued in Proceeding No. 1, under Family Court Docket No. B-11446/02 (Appellate Division Docket No. 2005- 01086) as a poor person on or before May 16, 2005. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals taken by Wayne T. in the above-entitled proceedings by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before June 23, 2005; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26396

A/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-03051 In the Matter of Alice Treadwell, respondent, v Keith Treadwell, Sr., appellant. (Docket No. V-3137/95)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, entered March 15, 2005, as a poor person, and for the assignment of counsel, and to stay enforcement of so much of the order as permits the respondent to relocate with the parties' child to the State of North Carolina, 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 branch of the motion which is to stay enforcement of so much of the order as permits the respondent to relocate with the parties' child to the State of North Carolina is denied; and it is further,

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

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

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

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

Del Atwell, Esq.

P.O. Box 2516

Montauk, New York 11954

(631) 267-2067

and it is further,

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

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26447

M/nal

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-02598 In the Matter of Davion W. (Anonymous). Nassau County Department of Social Services, respondent; Ogan W. (Anonymous), appellant. (Docket No. N-02648-02)

DECISION & ORDER ON MOTION

Appeal by Ogan W. from an order of the Family Court, Nassau County, dated December 15, 2004. By order to show cause dated May 4, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 25, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated March 25, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26397

L/

2004-09476 In the Matter of Zurich Assurance Company of America, respondent, v Michelle McCants, appellant. (Index No. 7433/04)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated September 13, 2004.

Upon the stipulation of the parties, dated June 3, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26366

F/

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-04318, 2005-04526 The People, etc., respondent, v Delroy Brown, appellant. (Ind. Nos. 99-00183, 03-00985)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from two judgments of the County Court, Orange County, both rendered April 25, 2005, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26334

F/

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-07746 The People, etc., respondent, DECISION & ORDER v Joseph Browning, appellant. (Ind. No. 2071-03)

ON MOTION Motion Pro se to Relieve Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered August 16, 2004, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on November 4, 2004, and the following named attorney was assigned to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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

ORDERED that the motion is granted; previously assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Rachel G. Kerdman, Esq.

7 Cornell Court South

Smithtown, New York 11787

and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26430

C/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2003-01619 The People, etc., respondent, v Gerard Clifford, appellant. (Ind. No. 2835-02)

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 County Court, Suffolk County, rendered January 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 19, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26342

F/

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-04417 The People, etc., respondent, v Sean Cosby, appellant. (Ind. No. 04-00326)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered March 31, 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 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 of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); 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 in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Judith E. Permutt, Esq.

111 Brook Street

Scarsdale, New York 10583

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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 1799

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M26372

F/

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA

2005-01524 The People, etc., respondent, v Michael Crumble, appellant. (Ind. No. 2526/03)

DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes

Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Queens County, rendered February 7, 2005, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.

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 dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,

ORDERED that the motion is otherwise 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, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); retained 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 in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the Trial Court is directed to reproduce a copy thereof for retained counsel; and it is further,

ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

B. Alan Seidler, Esq.

580 Broadway

New York, New York 10012

Appellate Division: Second Judicial Department

M26332

F/

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-04437 The People, etc., respondent, v Degot Desenclos, appellant. (Ind. No. 2271/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered January 10, 2005.

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 time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Kings County, rendered January 10, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26352

F/

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-04424 The People, etc., respondent, v Andre P. Diggs, appellant. (Ind. No. 110/04)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered April 19, 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 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 of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); 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 in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 1983

Downstate Corr. Fac.

P.O. Box 445

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M26356

F/

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-09234 The People, etc., respondent, v Kim Flippen, appellant. (Ind. No. 3046-03)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered September 28, 2004, 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 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 of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); 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 in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5440

Oneida Corr. Fac.

Box 4580

Rome, New York 13442

Appellate Division: Second Judicial Department

M26368

F/

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-02930, 2005-02936, 2005-02937, 2005-02938 The People, etc., respondent, v Karen Fotiou, appellant. (Ind. Nos. 1399-03, 1711-03, 1858-03, 2700-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from four judgments of the County Court, Suffolk County, all rendered December 23, 2004, for leave to prosecute the appeals 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 denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M26172

F/

ROBERT W. SCHMIDT, J.

2005-01807 The People, etc., plaintiff, v David Garcia, defendant. (Ind. No. 636/98)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 9, 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 W. SCHMIDT

Associate Justice

Appellate Division: Second Judicial Department

M26435

A/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2003-05788 The People, etc., respondent, v Johannes Gonzales, appellant. (Ind. No. 02-00957)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for an enlargement of time to file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered June 12, 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 supplemental pro se brief that was submitted to the office of 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

M26337

F/

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-04277 The People, etc., plaintiff, v Jermaine Jack, defendant. (Ind. No. 2221/03)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered March 21, 2005, 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 papers filed in relation thereto, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 1785

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M26370

F/

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-11156, 2004-11157, 2004-11158, 2004-11159 The People, etc., respondent, v Lou Pellegrino, appellant. (Ind. Nos. 2514/03, 7232/03, 7845/03, 3328/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from four judgments of the Supreme Court, Kings County, all rendered November 30, 2004, for leave to prosecute the appeals 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 denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26381

F/

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2000-09542 The People, etc., respondent, v Nicholas Puner, appellant. (Ind. No. 99-01506)

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 September 7, 2000.

Upon the papers filed in support of the motion and no papers having been 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]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26221

K/sl

STEPHEN G. CRANE, J.

2005-04022 The People, etc., respondent, v William Rivera, appellant. (Ind. No. 4814/99)

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 March 23, 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 March 23, 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.

STEPHEN G. CRANE

Associate Justice

Appellate Division : Second Judicial Department

M26455

F/

STEVEN W. FISHER, J.

2005-03322 The People, etc., plaintiff, v Wilson Rodriguez, defendant. (Ind. No. 8894/86)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 22, 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.

STEVEN W. FISHER

Associate Justice

Appellate Division : Second Judicial Department

M26174

F/

ROBERT W. SCHMIDT, J.

2005-02568 The People, etc., plaintiff, v Oswaldo Sanchez, defendant. (Ind. No. 7998/98)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 24, 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 W. SCHMIDT

Associate Justice

Appellate Division: Second Judicial Department

M26345

F/

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-03882 The People, etc., respondent, v Lamar Taylor, appellant. (Ind. No. 212/05)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Separate motions by the appellant pro se and the attorney assigned to represent him in the County Court, Nassau County, for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered April 18, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motions are granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the 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 of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); 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 in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Martin Goldberg, Esq.

P.O. Box 236

Franklin Square, New York 11010

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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M26360

F/

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-06004 The People, etc., respondent, v Robert E. Thompson, appellant. (Ind. No. 683/03)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered June 8, 2004, 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 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 of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); 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 in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

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

Randall Richards, Esq.

1428 Midland Avenue - Suite 6

Bronxville, New York 10708-6042

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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 3284

Coxsackie Corr. Fac.

Box 999

Coxsackie, New York 12501

Appellate Division: Second Judicial Department

M26328

F/

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-06645 The People, etc., respondent, v Rafael Urena, appellant. (Ind. No. 2761/02)

DECISION & ORDER ON MOTION Motion to File a Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered July 8, 2003.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 3880

Bare Hill Corr. Fac.

Box 20

Malone, New York 12953

Appellate Division: Second Judicial Department

M26363

F/

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-03697 The People, etc., respondent, v Dwayne Williams, appellant. (Ind. No. 2571/92)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated March 15, 2005, 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 papers filed in relation thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M26173

F/

ROBERT W. SCHMIDT, J.

2005-02999 The People, etc., plaintiff, v Rodney Williams, defendant. (Ind. No. 1991/03)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated January 27, 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 W. SCHMIDT

Associate Justice