Appellate Division: Second Judicial Department

M26968

C/sl

THOMAS A. ADAMS, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2005-05336 Judith Anthony, respondent, v Robert Anthony, appellant. (Index No. 27561/98)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated May 12, 2005, to stay enforcement of so much of the order as precluded him from offering any testimony with respect to certain issues and directed that he pay an attorney's fee in the sum of $3,120, pending hearing and determination of an appeal from the order.

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

ORDERED that the motion is granted, and enforcement of so much of the order as precluded the appellant from offering any testimony with respect to certain issues, and directed the appellant to pay an attorney's fee in the sum of $3,120, is stayed, pending hearing and determination of the appeal on condition that the appellant perfect the appeal on or before July 26, 2005; and it is further,

ORDERED that on the court's own motion, the trial in the above-entitled action is stayed, pending hearing and determination of the appeal; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 26, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

ADAMS, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26986

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2004-07361 Joseph Bari, etc., et al., respondents, v City of New York, et al., appellants, et al., defendants. (Index No. 13594/00)

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 a judgment of the Supreme Court, Queens County, dated August 2, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 18, 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

M26943

Y/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2005-03550 Carol Carpenter-Siracusa, respondent, v Jack Siracusa, appellant. (Index No. 4284/98)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated February 24, 2005, in effect, to amend so much of a prior decision and order on motion of this court dated May 23, 2003, as conditioned the grant of his motion to stay all proceedings in the above-entitled action upon perfection of the appeal by June 20, 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 the decision and order on motion of this court dated May 23, 2005, is amended by deleting from the first and third decretal paragraphs thereof the date "June 20, 2005," and substituting therefor the date "August 4, 2005."

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26991

T/sl

2004-07905 Rosemary Cuccia, appellant, v City of New York, respondent. (Index No. 10969/93)

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 June 23, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26977

S/sl

2004-06983 Bret D'Auguste, appellant, v Shanty Hollow Corporation, etc., et al., respondents. (Index No. 5300/98)

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 May 19, 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

M27012

C/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-05373 Nina Fox, plaintiff, v Norris Fox, defendant. (Action No. 1) (Index No. 2565/05 Norris Fox, respondent, v Nina fox, appellant. (Action No. 2) (Index No. 19651/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in Action No. 1 pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered May 13, 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 denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26973

E/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2004-07988, 2004-11090 Stephanie Gallagher, et al., respondents, v Rafael Roman, appellant, et al., defendant. (Index No. 14354/03)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from two orders of the Supreme Court, Westchester County, entered August 4, 2004, and November 16, 2004, respectively, inter alia, to strike the record on appeal and the appellant's brief on the ground that the record on appeal is incomplete or, alternatively, to enlarge the time to serve and file a brief. Cross motion by the appellant, inter alia, to direct the respondents to provide an undertaking in the event that the court enlarges the respondents' time to serve and file their brief.

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 branch of the motion which is to strike the record on appeal and brief is denied on condition that on or before July 18, 2005, the appellant serve and file a supplemental record containing the following:

(1) reply affirmation and opposition/affidavits/exhibits, denominated as paper number 3 in the order entered August 4, 2004;

(2) memoranda of law, denominated as paper number 4 in the order entered August 4, 2004;

(3) reply memoranda of law, denominated as paper number 6 in the order entered August 4, 2004;

(4) affidavit in support, denominated as paper number 7 in the order entered August 4, 2004;

(5) affidavit in opposition, denominated as paper number 9 in the order entered August 4, 2004;

(6) defendant Roman's memoranda of law in support, denominated as paper number 9 in the order entered November 16, 2004; and

(7) defendant Roman's memoranda of law, denominated as paper number 19 in the order entered November 16, 2004;

and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file their brief is granted, the respondents' time to serve and file their brief is enlarged until August 17, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,

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

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27030

Y/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-07015, 2005-01187 Patricia Donelly Gilbert, respondent, v Robert Randall Gilbert, appellant. (Index No. 38054/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to consolidate appeals from a judgment of the Supreme Court, Kings County, dated July 21, 2004, and an order of the same court dated January 3, 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 branch of the motion which is for consolidation is granted to the extent that the appeals will be calendared together and argued or submitted on the same day, on condition that the appeal from the order dated January 3, 2005, under Appellate Division Docket No. 2005-01187, is perfected on or before July 28, 2005, and that branch of the motion is otherwise denied; and it is further,

ORDERED that branch of the motion which is for leave to file a record on the appeal pending under Docket No. 2005-01187 containing only the papers submitted in connection with the motion that resulted in the order dated January 3, 2005, is denied as unnecessary.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26983

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2005-03081 Olivia Hodges, appellant, v City of New York, respondent. (Index No. 45329/99)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated January 5, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 13, 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

M26980

S/sl

2004-05796 Huntingdon Life Sciences, Inc., et al., respondents, v Stop Huntingdon Animal Cruelty, et al., defendants, Lauren Gazzola, appellant. (Index No. 19809/02)

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, Westchester County, dated May 13, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 25, 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

M26996

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2004-11179 Yousaf Kasim, et al., appellants, v Michael DeFretias, et al., respondents. (Index No. 48561/01)

ORDER ON APPLICATION

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

M26989

Y/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

STEVEN W. FISHER, JJ.

2004-09817 Christopher Lonner, appellant, v Simon Property Group, Inc., respondent. (Index No. 04-2246)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the record on an appeal from an order of the Supreme Court, Westchester County, entered September 24, 2004, to include certain material appended as Exhibits 4 through 15 to the instant motion papers, and cross motion by the respondent to strike portions of the appellant's brief on the ground that they refer to material dehors the record.

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

ORDERED that the motion is granted to the extent that on or before July 25, 2005, the appellant shall serve and file a supplemental record containing the material appended as Exhibits 4 through 15 to the instant motion, and the motion is otherwise denied; and it is further,

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

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarge until August 25, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26990

T/sl

2004-07811 Tonasia Maxwell, etc., et al., respondents, v City of New York, et al., appellants. (Index No. 14689/93)

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, Queens County, dated July 21, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 29, 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

M27004

S/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA, JJ.

2004-06351, 2004-09868 Bruce Morgan, appellant, v Chong Kwan Jun, et al., respondents. (Index No. 13899/01)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Richmond County, dated June 16, 2004, and October 5, 2004, respectively.

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

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until July 28, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

SCHMIDT, J.P., S. MILLER, KRAUSMAN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27018

S/sl

2004-06911 John Palanca, appellant, v David Elder, respondent. (Index No. 14619/99)

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 June 25, 2004.

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

M26988

S/sl

2004-03240 Riverside Capital Advisers, Inc., etc., et al., plaintiffs-respondents, v First Secured Capital Corporation, et al., defendants-appellants, Wet Resources Corp., defendant-respondent, et al., defendant; Thomas Donovan, et al., nonparty-appellants. (Appeal No. 1) 2004-06107, 2004-06108, 2004-06109, 2004-06110, 2004-06111, 2004-06843 Riverside Capital Advisers, Inc., etc., et al., respondents, v First Secured Capital Corporation, et al., defendants-appellants, Wet Resources Corp., et al., defendants; Thomas Donovan, et al., nonparty-appellants. (Appeals No. 2 through 6 and 8) 2004-06114 Riverside Capital Advisers, Inc., etc., et al., respondents, v First Secured Capital Corporation, et al., defendants; Thomas Donovan, et al., nonparty- appellants. (Appeal No. 7) (Index No. 20600/99)

ORDER ON APPLICATION

Application by the appellants on appeals from eight orders of the Supreme Court, Nassau County dated March 9, 2004, May 24, 2004, May 25, 2004 (two orders), June 7, 2004, June 10, 2004, June 16, 2004, and July 27, 2004, respectively, to enlarge their time pursuant to 22 NYCRR 670.8(d)(2) to serve and file their respective reply briefs on the appeals from the orders dated May 24, 2004 (Appellate Division Docket Number 2004-06107), May 25, 2004 (two orders) (Appellate Division Docket Numbers 2004-06108 and 2004-06109), June 7, 2004 (Appellate Division Docket Number 2004-06110), and June 10, 2004 (Appellate Division Docket Number 2004-06111), respectively.

ORDERED that the application is granted and the respective reply briefs shall be served and filed on or before July 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27019

S/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-10992 Rocky Point Drive-In, L. P., appellant, v Town of Brookhaven, et al., respondents. (Index No. 30047/02)

DECISION & ORDER ON APPLICATION

Application by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated October 21, 2004, inter alia, to include as an appendix to its brief two overscale timelines.

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

ORDERED that the application is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26855

F/

HOWARD MILLER, J.P.

BARRY A. COZIER

DAVID S. RITTER

STEVEN W. FISHER, JJ.

2005-01097 In the Matter of Darlene L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Guy L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Jennifer L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Krista L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 4) In the Matter of Nicholas L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 5) In the Matter of Vincent L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 6) (Docket Nos. N-14770-04, N-14771-04, N-14772-04, N-14773-04, N-14774-04, N-14775-04, N-14776-04, N-14777-04, N-14778-04, N-14779-04, N-14780-04, N-14781-04)

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

Motion by the appellants for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated January 3, 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 opposition thereto, it is

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellants, 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 m intues 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 appellants 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:

Joseph Vozza, Esq.

43 Ireland Place

Amityville, New York 11701

(631) 264-0600

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.

H. MILLER, J.P., COZIER, RITTER, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M27001

A/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

DAVID S. RITTER

STEVEN W. FISHER, JJ.

2005-05180 In the Matter of Maurice M. (Anonymous), appellant. Leonel Urcuyo, etc., respondent. (Index No. 300190/04)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPLR 5520(a) to extend his time to file a notice of appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated January 7, 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 denied; and it is further,

ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, for failure to timely file a notice of appeal.

H. MILLER, J.P., COZIER, RITTER and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26999

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THOMAS A. ADAMS, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-10367 In the Matter of 110 Ninth Avenue Corp. Catherine P. Yatrakis, a/k/a Catherine Economakis, etc., petitioner-respondent; Anthi Tsentide, et al., respondents-appellants, et al., respondents. (Index No. 18978/02)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants on an appeal from an order of the Supreme Court, Suffolk County, dated October 28, 2004, to stay all proceedings to enforce the order pending hearing and determination of the 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.

ADAMS, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26987

R/sl

THOMAS A. ADAMS, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-06997 In the Matter of Juvondi Pender, petitioner- respondent, v N.Y.S. Disciplinary Panel, et al., respondents-respondents, New York State Office of Mental Retardation and Developmental Disabilities, et al., appellants. (Index No. 282/03)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent pro se, inter alia, to waive the motion filing fee and to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 8, 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 branch of the motion which is to waive the motion filing fee is granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted and the petitioner-respondent's time to serve and file a brief is enlarged until August 15, 2005, and the petitioner-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ADAMS, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26955

C/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2003-11045 The People, etc., respondent, v Brian Andrews, appellant. (Ind. No. 03-00387)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Westchester County, rendered October 23, 2003, for leave to serve and file a supplemental brief raising issues based on the holding of People v Caserta (19 NY2d 18).

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 the appellant shall serve and file a supplemental brief raising issues based on the holding of People v Caserta (19 NY2d 18) on or before July 18, 2005; the respondent shall serve and file a brief in response on or before August 8, 2005; and the appellant, if he be so advised, may serve and file a reply brief on or before August 18, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M26993

Y/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2003-05289 The People, etc., respondent, v James Williams, appellant. (Ind. No. 970/74)

DECISION & ORDER ON MOTION

Appeal by James Williams from an order of the Supreme Court, Kings County, dated April 18, 2003. By order to show cause dated May 4, 2005, the appellant was 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 as abandoned.

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

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

ORDERED that on or before September 26, 2005, the appellant shall either make a motion for poor person relief or 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 670.9[d][2]) and by serving and filing his brief on the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M26925

F/

REINALDO E. RIVERA, J.

2005-04870 The People, etc., plaintiff, v Jamie Wright, defendant. (Ind. No. 02-00197)

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 April 25, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

REINALDO E. RIVERA

Associate Justice