Appellate Division: Second Judicial Department

M26696

S/sl

2004-11315 Phyllis Bayne, appellant, v City of New York, respondent. (Index No. 5344/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered October 28, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26736

O/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-05506 Joshua A. Becker, etc., et al., respondents-appellants, v University Physicians of Brooklyn, Inc., etc., et al., appellants-respondents, et al., defendants. (Action No. 1) (Index No. 43553/99) University Imaging Associates, P.C., respondent- appellant, v Academic Health Professionals Insurance Association, et al., defendants, University Physicians of Brooklyn, Inc., et al., appellants-respondents. (Action No. 2) (Index No. 10051/00)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 7, 2004.

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

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

ORDERED that the time of the appellants-respondents to perfect the appeal is enlarged until July 25, 2005, and the joint record or appendix on the appeal and the brief of the appellants-respondents must be served and filed on or before that date; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26495

PL/sl

2004-10550 John Bennardo, et al., respondents, v Del Monte Caterers, Inc., et al., defendants, J & P 1870 Realty Corporation, appellant. (Index No. 11229/92)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated September 30, 3004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 15, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26581

O/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-07766, 2004-10739, 2004-10740, 2005,00826, 2005-01313 Ira Berliner, appellant-respondent, v Mariann Berliner, respondent-appellant. (Index No. 6107/02)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay a hearing in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, dated December 6, 2004, and November 30, 2004, respectively, and three judgments of the same court dated July 20, 2004, and January 12, 2005, respectively, and an appeal and cross-appeal from a judgment of the same court dated December 10, 2004. Cross motion by the respondent-appellant to strike the appellant-respondent's brief and appendix, inter alia, for failure to consult with her on a joint appendix as required by 22 NYCRR 670.8 and failure to settle the transcripts as required by CPLR 5525, for leave to file a separate appendix on the cross appeal, and to vacate the stay imposed by decision and order on motion of this court dated March 3, 2005, and separate cross motion by the respondent-appellant to enlarge the time to perfect the cross appeal.

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

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

ORDERED that the branch of the cross motion which is to strike the appellant-respondent's brief and appendix for failure to settle the transcripts as required by CPLR 5525 is denied on condition that on or before August 1, 2005, the appellant-respondent properly settles the transcript in accordance with CPLR 5525 and 22 NYCRR 670.10(f), files a complete copy of the transcript with the Clerk of this court, and includes in a supplemental appendix, if necessary, corrections to those pages of the transcript that were included in the appendix previously filed with the Clerk of this court; and it is further,

ORDERED that the branch of the cross motion which is for leave to file a separate appendix on the cross appeal is denied as unnecessary (see CPLR 5528[b]); and it is further,

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

ORDERED that the application to enlarge the time to perfect the cross appeal is granted; and it is further,

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before September 1, 2005 (see 22 NYCRR 670.8[c][3]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26650

R/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2004-00072 Barrett Byrnes, respondent, v Charlesworth Varlack, appellant, et al., defendant. (Index No. 378/02)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated December 8, 2003, which was determined by decision and order of this court dated April 25, 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, with $100 costs.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26729

S/sl

2005-00507 Louise Caso, respondent, v St. Francis Hospital, appellant. (Index No. 8031/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated December 21, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 12, 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

M26671

O/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2004-09627, 2005-05885 Joseph Ciolino, respondent, v Patrick J. Rooney, et al., appellants. (Index No. 4484/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated September 29, 2004, and to enlarge the record on appeal to include (1) an order of the same court dated February 15, 2005, which upon reargument, in effect, adhered to the determination in the order dated September 29, 2004, and (2) all papers considered by the Supreme Court in issuing the order dated February 15, 2005.

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 it is further,

ORDERED that on or before July 18, 2005, the respondent shall serve and file a supplemental record containing the order dated February 15, 2005, and all papers considered by the Supreme Court, Suffolk County, in issuing that order; and it is further,

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

The appeal from the order dated September 29, 2004, brings up for review so much of an order of the same court dated February 15, 2005, as, upon reargument, in effect, adhered to the original determination (see CPLR 5517[b]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26695

S/sl

2004-11215 County of Orange, respondent, v Josclynne Grier, etc., et al., appellants. (Index No. 5423/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, dated October 15, 2004.

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

M26632

O/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-09433 Grace Osei Duku, respondent, v New York City Transit Authority, appellant. (Index No. 23554/00)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPLR 5520(a) to extend its time to file a notice of appeal from an order of the Supreme Court, Kings County, dated May 9, 2002, which notice of appeal was timely served upon all other parties, and to enlarge the time to perfect the appeal.

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

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

ORDERED that the appellants' time to file its notice of appeal in the office of the Clerk of the Supreme Court, Kings County, is extended up to and including July 1, 2005; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until August 17, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26727

S/sl

2004-09646 Essex Insurance Company, respondent, v Gurdyal Singh, et al., appellants, et al., defendant. (Index No. 4664/03)

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, Queens County, dated September 17, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 27, 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

M26746

S/sl

2004-11293 Ann Gregson, et al., appellants-respondents, v Ossie Terry, respondent-appellant, Tyreese Williams, et al., respondents. (Action No. 1) (Index No. 8037/02) Ossie Terry, appellant, v Tyreese Williams, et al., respondents. (Action No. 2) (Index No. 2265/03)

ORDER ON APPLICATION

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

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

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until August 17, 2005, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that Ossie Terry shall serve and file his answering brief, including his points of argument on the cross appeal in Action No. 1 and on his appeal in Action No. 2, on or before September 22, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondents shall serve and file their respective briefs on or before October 27, 2005; and it is further,

 ORDERED that the appellants-respondents shall serve and file their reply brief on or before December 2, 2005; and Ossie Terry shall serve and file his reply brief on or before December 19, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26739

O/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-02129 Joseph Guinta, respondent, v Greta K. Tristram, et al., appellants. (Index No. 48630/02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 18, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26754

O/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-10087, 2004-10645 Kenneth Halvorsen, plaintiff-appellant, v Baybrent Construction Corp., et al., defendants- respondents, Waldbaum, Inc., defendant-appellant; C. Raimondo & Sons Construction Co., Inc., third-party defendant-respondent. (Appeal No. 1) Kenneth Halvorsen, plaintiff, v Baybrent Construction Corp., et al., defendants, Waldbaum, Inc., defendant third-party plaintiff-appellant; C. Raimondo & Sons Construction Co., Inc., third-party defendant-respondent. (Appeal No. 2) (Index No. 8721/02)

DECISION & ORDER ON MOTION

Motion by the appellant, Waldbaum, Inc., to enlarge the time to perfect its appeals from two orders of the Supreme Court, Suffolk County, dated October 20, 2004, and October 26, 2004, respectively.

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 brief of the appellant, Waldbaum, Inc., which was submitted to the Clerk of this court is accepted for filing.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26713

S/sl

2004-10178 Paul Labozzetta, et al., appellants, v Ambrogio S. Fabbro, et al., respondents. (Index No. 7200/02)

ORDER ON APPLICATION

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

ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged, and the respondents' brief submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26750

O/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-10212 Liesel Leib, appellant, v The Silo Restaurant, Inc., respondent. (Index No. 16542/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated October 26, 2004, to strike pages 238-240 of the record and to enlarge the time to serve and file a brief.

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 it is further,

ORDERED that pages 238-240 of the record are stricken and that on or before July 6, 2005, the appellant shall remove those pages from all copies of the record on file with this court; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until July 22, 2005, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26715

M/nal

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

FRED T. SANTUCCI

PETER B. SKELOS, JJ.

2005-01751 Maria Jill Mandresh, respondent, v Douglas Mandresh, appellant. (Index No. 17380/04)

SCHEDULING ORDER

Appeal by Douglas Mandresh from an order of the Supreme Court, Suffolk County, dated February 1, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by serving and filing the record or appendix and the appellant's brief on the appeal is enlarged until July 10, 2005; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26728

S/sl

2004-09371 Keven McDonald, respondent-appellant, v Sunstone Associates, appellant-respondent, Spring Scaffolding, Inc., defendant third-party plaintiff-respondent; Seasons Floral Studio, third-party defendant-respondent. (Index No. 25931/01)

ORDER ON APPLICATION

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

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until July 20, 2005, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26744

S/sl

2005-01042 John Montalvo, et al., plaintiffs, v Stonewall Contracting Corporation, defendant third-party plaintiff-respondent, et al., defendants; Mackroyce Dismantling Ltd., third-party defendant-appellant. (Index No. 21115/99)

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 16, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26494

PL/sl

2004-09172 North Fork Bank, respondent, v Cathy Pimpinella, et al., appellants. (Index No. 11345/04)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 13, 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

M26749

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04585 The People of the State of New York, respondent, v John W. Rider, appellant. (Ind. No. 1948-00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a determination of the County Court, Suffolk County, dated May 4, 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 County Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the County Court, Suffolk 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26755

O/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2003-08731 Lynn B. Posner, etc., appellant, v New York City Transit Authority, respondent. (Index No. 22521/99)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an amended judgment of the Supreme Court, Queens County, entered August 27, 2003, to substitute Lynn B. Posner as executrix of the estate of Charles Posner, for the deceased appellant Charles Posner, and to amend the caption accordingly.

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 Lynn B. Posner, as executrix of the estate of Charles A. Posner, is substituted for the deceased appellant Charles Posner, and the caption has been amended accordingly.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26730

O/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-02824 Reuben Ruck, respondent, v Levittown Norse Associates, LLC., defendant, Rite Aid Corporation, appellant. (Index No. 32656/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 19, 2005.

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

ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26677

PL/sl

2004-10285 Steven K. Sayegh, respondent, v Robert A. Santucci, et al., defendants, Jamie Chylewski, appellant. (Index No. 976/03)

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, Putnam County, dated October 28, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before June 30, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26743

S/sl

2005-01127 Anita Schlesinger, et al., appellants, v City of New York, et al., respondents. (Index No. 2892/00)

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, Queens County, entered October 26, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 19, 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

M26747

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-08615 Thomas Shoemaker, plaintiff, v Hortensia Craigwell, etc., defendant third-party plaintiff-respondent; Cobble Heights Realty, Inc., third-party defendant-appellant. (Index No. 15077/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 11, 2004.

Upon the stipulation of the attorneys for the respective parties, dated May 17, 2005, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26759

O/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-04366 Milton Sonneberg, appellant, v Leba Sonneberg, respondent. (Index No. 203914/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Nassau County, dated March 2, 2005, as a poor person.

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

ORDERED that on the court's own motion, the appeal is dismissed, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26745

L/

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-00454 Philip Walker, respondent, v Connetquot Central School District of Islip Central School Offices, et al., appellants. (Index No. 20995/00)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 20, 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 deemed withdrawn, without costs or disbursements.

RITTER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26748

S/sl

2004-09430, 2005-03650 Harry Wechsler, et al., plaintiffs-respondents, v Diamond Sugar Company, Inc., appellant, Double L. Contracting Company, defendant- respondent. (Index No. 11455/04)

ORDER ON APPLICATION

Application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Kings County, dated October 6, 2004, and December 1, 2004, respectively.

ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until June 24, 2005, and the 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

M26738

L/

HOWARD MILLER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2004-05106 Donald Wisne, respondent, v Village of Larchmont, appellant, et al., defendants. (Index No. 18102/03)

DECISION &ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated April 29, 2004.

Upon the stipulation of the attorneys for the respective parties, dated June 14, 2005, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26653

A/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-05090 Charles Dun-Zheng Yan, appellant, v Nancy Klein, et al., respondents. (Index No. 8004/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, dated May 5, 2004, inter alia, in effect, to enlarge the appendix on appeal to include various documents.

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., GOLDSTEIN, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26673

PL/sl

2005-00077 Yin Hung Chan, appellant, v Joanne DeRossi, et al., respondents. (Index No. 20086/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated October 21, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 11, 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

M26760

O/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-07030 Rosa Zumba, etc., plaintiff-respondent, v Rachel Stevko, et al., defendants-respondents, Sergey Fesenko, et al., respondents-appellants, Jessica Borelli, et al., appellants-respondents. (Action No. 1) (Index No. 38304/02) 2005-03603 Sergey Fesenko, et al., plaintiffs-respondents, v Gelco Corp., respondent-appellant, Jessica Borelli, et al., appellants-respondents, Rachel Stevko, etc., et al., defendants-respondents. (Action No. 2) (Index No. 2466/02)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents in both actions, to consolidate appeals from two orders of the Supreme Court, Kings County, dated July 3, 2004 (Appellate Division Docket No. 2004-07030), and March 14, 2005 (Appellate Division Docket No. 2005-03603), respectively, to calendar the appeals together, to enlarge the time to perfect the appeal from the order dated July 3, 2004, and to stay the joint trial of the above-entitled actions pending hearing and determination of the appeals.

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 consolidate the appeals is granted; and it is further,

ORDERED that the parties shall file 10 copies of the joint record or appendix and their respective briefs; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated July 3, 2004, is granted; and it is further,

ORDERED that the appellants-respondents time to perfect that appeal, is enlarged until October 7, 2005, and the joint record or appendix on the appeals and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to calendar the appeals together is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26638

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2005-03737 In the Matter of Allstate Insurance Company, respondent, v Monica Williams, et al., appellants. (Index No. 3737/05)

DECISION & ORDER ON MOTION

Motion by the appellants to amend the notice of appeal from an order of the Supreme Court, Queens County, dated September 15, 2003, to reflect that the appeal is taken by the appellants and not their attorney.

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

ORDERED that the motion is granted, and the notice of appeal is deemed amended to reflect that the appeal is taken by the defendants (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26719

E/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-01539 In the Matter of Anthony Anderson, appellant, v Glenn S. Goord, etc., et al., respondents. (Index No. 4676/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Dutchess County, dated January 20, 2005, for leave to reargue those branches of his motion which were to waive the filing fee and for free transcripts.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26737

M/nal

2005-02601 In the Matter of Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen, appellant, v Paul T. Brzozowski, respondent. (Proceeding No. 1) In the Matter of Paul T. Brzozowski, respondent, v Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen, appellant. (Proceeding No. 2) (Docket Nos. V-1938-03, V-6809-03)

SCHEDULING ORDER

Appeal by Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen from an order of the Family Court, Nassau County, dated February 23, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the 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 20, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26620

C/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2005-03910 In the Matter of Ramon Cepeda, petitioner, v Glenn S. Goord, etc., respondent. (Index No. 04-14081)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to prosecute a proceeding transferred to this court by an order of the Supreme Court, Westchester County, entered February 8, 2005, as a poor person.

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

ORDERED that the branch of the motion which is to waive the filing fee is denied as unnecessary (see 22 NYCRR 670.22); and it is further,

ORDERED that the branch of the motion which is to be provided with free transcripts is denied; and it is further,

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted; the proceeding will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26716

M/nal

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

FRED T. SANTUCCI

PETER B. SKELOS, JJ.

2003-10997 In the Matter of Calvin D. (Anonymous), appellant. (Docket No. D-16215/03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Kings County, dated November 25, 2003. 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; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26722

E/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-01312, 2005-02599 In the Matter of Simon Deith, respondent, v Susan Deith, appellant. (Appeal Nos. 1 and 2) (Docket No. O-5170/03) 2004-09485 Susan Deith, appellant, v Simon Deith, respondent. (Appeal No. 3) (Index No. 203715/00)

DECISION & ORDER ON MOTION

Motion by Simon Deith to calendar appeals from two orders of the Family Court, Nassau County, dated January 7, 2004, and May 25, 2004, respectively, and an order of the Supreme Court, Nassau County, dated October 4, 2004, on the same day. Separate motion by Simon Deith to enlarge the records on the appeals to include a certain order to show cause with attached exhibits or for leave to file a supplemental record containing those documents. Separate motions by Susan Deith to enlarge the record on appeal in Appeal Nos. 1 and 2 and to enlarge the record on appeal in Appeal No. 3, respectively, to include certain documents from the Office of Children and Family Services or for leave to file a supplemental record containing those documents. Application by Susan Deith to enlarge the time to serve and file a reply brief on Appeal No. 3.

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

ORDERED that the motion by Simon Deith and the motions by Susan Deith to enlarge the records on the appeals to include certain documents or for leave to file a supplemental record containing those documents are denied; and it is further,

ORDERED that the motion by Simon Deith to calendar the appeals on the same day is granted, and the appeals will be argued or submitted on the same day; and it is further,

ORDERED that the application by Susan Deith to enlarge the time to serve and file a reply brief on Appeal No. 3 is denied as academic, as the reply brief was timely filed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26742

M/nal

2005-04129 In the Matter of Joan Marie Eisemann, appellant, v Richard Hurley, respondent. (Docket Nos. V-21356/04, V-21357/04, V-21358/04, V-21359/04)

ORDER TO SHOW CAUSE

Appeal by Joan Marie Eisemann from an order of the Family Court, Suffolk County, dated April 1, 2005. By scheduling order dated May 11, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 11, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before June 30, 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

M26668

S/sl

2004-07294 In the Matter of Leonard Farber, respondent, v Lewis C. Himmel, et al., appellants. (Index No. 4301/02)

ORDER ON APPLICATION

Application by the appellants 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 July 31, 2002.

ORDERED that the application is granted and the reply brief shall be served and filed on or before July 5, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26717

S/sl

2005-02913 In the Matter of Mark Bradley Hellman, respondent, v Nicole Novel Davis, appellant (Docket No. V-15078-04)

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 February 7, 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

M26685

Y/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2005-01146 In the Matter of Dominick LaRocco, petitioner, v Ronald D. Hollie, etc., respondent.

DECISION & ORDER ON MOTION

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

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

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

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

The allegations of merit contained in the petitioner's affidavit in support of the motion for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]; Matter of Legal Aid Soc. of Sullivan County v Scheinman, 53 NY2d 12).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26712

S/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

FRED T. SANTUCCI

PETER B. SKELOS, JJ.

2005-05367, 2005-05368, 2005-05369 In the Matter of Herbert McMillian, appellant, v Mae Rizzo, respondent. (Docket No. V-10492-02)

DECISION & ORDER ON MOTION

Appeals by Herbert McMillan from two orders of the Family Court, Queens County, both dated May 4, 2005, and a purported order of the same court dated May 20, 2005.

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

ORDERED that the appeal from the purported order dated May 20, 2005 (Appellate Division Docket No. 2005-05369), is dismissed, without costs or disbursements, as no appeal lies from a court's refusal to sign an order to show cause (see CPLR 5701).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26720

M/nal

2004-11329 In the Matter of Liam Frances P. (Anonymous). Administration for Children's Services, respondent; George S. (Anonymous), appellant. (Docket No. B-14879/03)

SCHEDULING ORDER

Appeal by George S. from an order of the Family Court, Kings County, dated November 19, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until July 20, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26732

M/nal

2004-05367 In the Matter of T'Challaarkiesha Janette Jouslin R.-D. (Anonymous). Angel Guardian-St. Mary's Children and Family Services, respondent; Shavonne Kathleen R. (Anonymous), appellant. (Docket No. B-7321-01)

SCHEDULING ORDER

Appeal by Shavonne Kathleen R. from an order of the Family Court, Kings County, dated May 28, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 15, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26721

M/nal

2005-01363 In the Matter of Dabari S. (Anonymous). Miracle Makers, Inc., petitioner-respondent; Dawn S. (Anonymous), appellant, et al., respondent. (Docket Nos. B-15099/99, B-14352/00)

SCHEDULING ORDER

Appeal by Dawn S. from an order of the Family Court, Queens County, dated November 17, 2004. By decision and order on motion of this court dated June 15, 2005, the following attorney was assigned as counsel on the appeal:

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 227-0206

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

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

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

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

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

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated June 15, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26731

M/nal

2004-10093 In the Matter of Donna G. Steward, respondent, v Clifford A. Steward, appellant. (Docket No. F-01748/99)

SCHEDULING ORDER

Appeal by Clifford A. Steward from an order of the Family Court, Suffolk County, dated August 2, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 10, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M26741

M/nal

2005-03225 In the Matter of Support Collection Unit-CSET, o/b/o Andrea Burch, respondent, v Patrick Williams, appellant. (Docket No. F-20896-03)

ORDER TO SHOW CAUSE

Appeal by Patrick Williams from an order of the Family Court, Kings County, dated March 8, 2005. By decision and order on motion of this court dated May 23, 2005, as amended May 26, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before June 10, 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 appeal in the above-entitled proceeding 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 30, 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

M26725

S/sl

2005-02504 In the Matter of 3202 Owners Corp., appellant, v Billy Contractors, Inc., respondent. (Index No. 25566/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated February 16, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26733

M/nal

2004-09175 In the Matter of Mariela V. (Anonymous), appellant. (Docket No. D-4693/04)

SCHEDULING ORDER

Appeal by Mariela V. from an order of the Family Court, Queens County, dated July 15, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 25, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until July 5, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26726

O/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-06438 In the Matter of Oscar Villa, appellant, v Monica Castano, respondent. (Docket Nos. V-919-02, V-07230-02)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from an order of the Family Court, Queens County, dated June 28, 2004, 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 no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M26694

F/

ROBERT A. SPOLZINO, J.

2004-05966 The People, etc., plaintiff, v Paul Alexander, defendant. (Ind. No. 03-00124)

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, Westchester County, dated June 21, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

ROBERT A. SPOLZINO

Associate Justice

Appellate Division: Second Judicial Department

M26643

C/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2003-04393 The People, etc., respondent, v Dante Cirigliano, appellant. (Ind. No. 02-00224)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the County Court, Rockland County, rendered May 6, 2003, which was determined by decision and order of this court dated February 28, 2005.

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 to the extent that the last sentence of the body of the decision and order of this court dated February 28, 2005, is amended by deleting therefrom the words "contention is," and substituting the words "contentions are," and the motion is otherwise denied.

FLORIO, J.P., ADAMS, S. MILLER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26576

C/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2000-04056 The People, etc., respondent, v Ouseley Crichlow, appellant. (Ind. No. 10472/98)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel assigned to file a brief on an application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of counsel, a decision and order of this court dated February 18, 2003 (see People v Crichlow, 302 AD2d 537), affirming a judgment of the Supreme Court, Kings County, rendered April 14, 2000, and to substitute retained counsel. On motion of this court dated February 28, 2005, the following named attorney was assigned as counsel:

Arza Rayches Feldman

626 EAB Plaza

West Tower, 6th Floor

Uniondale, NY 11556

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 said assigned counsel is directed to turn over all papers in the action to retained counsel:

Edwin Ira Schulman

123-60 83rd Avenue, Suite 2K

Kew Gardens, NY 11415

(718) 793-7153

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

00-A-2397

Green Haven Corr. Fac.

Box 4000

Stormville, New York 12582-0010

Appellate Division : Second Judicial Department

M26698

F/

ROBERT A. SPOLZINO, J.

2005-03948 The People, etc., plaintiff, v Tiquan Davis, defendant. (Ind. No. 11291/94)

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 March 18, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

ROBERT A. SPOLZINO

Associate Justice

Appellate Division : Second Judicial Department

M26693

F/

ROBERT A. SPOLZINO, J.

2004-05518 The People, etc., plaintiff, v Ronald Hall, defendant. (Ind. No. 96-00126)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Rockland County, dated May 25, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

ROBERT A. SPOLZINO

Associate Justice

Appellate Division : Second Judicial Department

M26697

F/

ROBERT A. SPOLZINO, J.

2005-03266 The People, etc., plaintiff, v Keith Lettley, defendant. (Ind. No. 4941/95)

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, Queens County, dated March 1, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

ROBERT A. SPOLZINO

Associate Justice