Appellate Division: Second Judicial Department

M14471

R/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-05957 A.B. Medical Services, PLLC, et al., appellants, v State Farm Mutual Automobile Insurance Company, respondent. (Index No. 54371/02)

DECISION & ORDER ON MOTION

Motion by the plaintiffs for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated February 10, 2004, which modified an order of the Civil Court, Kings County, entered November 22, 2002.

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

ORDERED that the motion is denied.

RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14553

S/sl

2003-03697 James Abenante, et al., respondents, v Star Gas Corporation, etc., appellant. (Index No. 6525/97)

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 a judgment of the Supreme Court, Orange County, dated March 13, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before August 16, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14551

S/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2002-09457, 2003-04538, 2004-04868 Ghulam Bajwa, respondent, v Saida, Inc., appellant. (Index No. 49810/00)

DECISION & ORDER ON MOTION

Motions by Saida, Inc., on appeals from a judgment of the Supreme Court, Kings County, entered September 12, 2002, an order of the same court dated May 1, 2003, and an amended judgment of the same court, entered May 18, 2004, (1) for leave to reargue the appeals from the judgment entered September 12, 2002, and the order dated May 1, 2003, which were determined by decision and order of this court dated April 12, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and (2) to stay enforcement of the amended judgment entered May 18, 2004, pending hearing and determination of that appeal and the motion for leave to reargue or for leave to appeal to the Court of Appeals.

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

ORDERED that the motion for leave to reargue or for leave to appeal to the Court of Appeals is denied, with $100 costs; and it is further,

ORDERED that on the court's own motion, the appeal from the amended judgment entered May 18, 2004, is dismissed, without costs or disbursements, on the ground that the issues raised on that appeal are barred by the doctrine of law of the case in light of this court's decision and order dated April 12, 2004 (see Hall v Cucco, 5 AD3d 631); and it is further,

ORDERED that the motion to stay enforcement of the amended judgment is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14592

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-10926 Joan Carlino, plaintiff-respondent, v Slovac Roman Catholic Church of BF Holy Family, defendant third-party plaintiff- appellant; Builders for the Family and Youth Diocese of Brooklyn, Inc., third-party defendant-respondent. (Index No. 20626/02)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 28, 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.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14557

L/

2004-05683 Eva Mason Cooke, respondent, v Wilton E. Cooke, appellant. (Index No. 12021/00)

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 June 30, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14562

S/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

GABRIEL M. KRAUSMAN

PETER B. SKELOS, JJ.

2004-03782 Melvina Corrado, respondent, v Robert Corrado, appellant. (Index No. 18116/00)

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the Supreme Court, Suffolk County, dated March 30, 2004. By decision and order on motion dated May 27, 2004, that branch of the appellant's motion which was to stay all proceedings in the above-entitled action pending hearing and determination of the appeal was granted on condition that the appeal was perfected on or before June 28, 2004. The appeal has not been perfected.

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

ORDERED that the stay granted by the decision and order on motion dated May 27, 2004, is vacated forthwith, for failure to perfect the appeal by June 28, 2004.

ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14568

S/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2004-06330 Diane D'Erasmo, respondent v Thomas D'Erasmo, appellant. (Index No. 203722/01)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Appeal by the defendant from a decision of the Supreme Court, Nassau County, dated May 14, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).

PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14595

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-04199, 2003-06631 Eric Drobnak, respondent, v St. Andrew's Golf Club, et al., appellants-respondents; Superior Air Systems Mechanical Corporation, respondent-appellant (and a third-party action). (Index No. 11375/01)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal and Cross Appeal

Separate applications by the appellants-respondents and respondent-appellant for leave to withdraw appeals and cross appeals from two orders of the Supreme Court, Westchester County, dated April 11, 2003, and June 25, 2003, respectively.

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 and cross appeals are deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14558

L/

2004-01015 Lillian Ritz Gessman, plaintiff-respondent, v Judith R. Herman, et al., defendants-appellants, Bernie Echhouse, et al., defendants-respondents. (Index No. 7095/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Rockland County, dated December 24, 2003.

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

M14564

S/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2004-00929 Giaguaro S.P.A., et al., appellants, v Amko International Trading, Inc., et al., respondents. (Index No. 40543/00)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Appeal by the plaintiffs from a decision of the Supreme Court, Kings County, dated December 10, 2003.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).

PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14575

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-08355 Earl Greenberg, et al., appellants, v Astoria Federal Savings & Loan Associates, et al., respondents. (Index No. 22030/97)

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, Queens County, dated August 13, 2003.

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.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14488

R/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2003-08280 Jose Gurgitano, et al., appellants, v Pace University, respondent (and a third-party action). (Index No. 00348/98)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated June 17, 2003.

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

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

ORDERED that the appellants' time to perfect the appeal is enlarged until September 7, 2004, and the record or appendix on the appeal and the appellants' 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.

PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14549

S/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-00074 Ashley Z. Huertero, etc., et al., respondents, v Blue Ridge Insurance Company, et al., appellants. (Index No. 46633/99)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 4, 2002, and cross motion by the respondents to dismiss the 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 granted; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until August 31, 2004, and the record or appendix on appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion by the respondents to dismiss the appeal is denied.

RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14536

E/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

BARRY A. COZIER, JJ.

2002-05843 Gregg Joseph, d/b/a Alpine Meadows Excavating & Trucking, appellant, v Joseph R. Iannace, et al., respondents. (Index No. 171/97)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Putnam County, dated May 21, 2002, which was determined by decision and order of this court dated April 12, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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.

ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14548

R/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-02174 Nodar Katz, et al., respondents, v Seminole Realty Corp., et al., defendants, Ditmas Management Corp., et al., appellants. (Index No. 24930/99)

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 13, 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 the trial in the above-entitled action is stayed, pending hearing and determination of the appeal.

SANTUCCI, J.P., GOLDSTEIN, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14561

S/sl

2004-00461, 2004-00464 Roberta L. Koeppel, et al., appellants, v Carlandia Corporation, et al., respondents, et al., defendants. (Index No. 8294/03)

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 appeals from an order of the Supreme Court, Westchester County, dated December 12, 2003, and a judgment of the same court entered December 24, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 13, 2004, 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

M14572

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-01144 Michelle Lee, appellant, v Henry Phipps Plaza South Associates, L.P., et al., respondents, et al., defendants. (Index No. 7770/98)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 12, 2002.

Upon the stipulation of the attorneys for the respective parties, dated July 23, 2004, it is

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

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14569

S/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2004-01460 Wesley Anthony Levin, appellant, v State of New York, respondent. (Claim No. 102589)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Court of Claims, dated December 18, 2003.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the application is denied as academic

PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14530

E/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2003-02194 Lillian Manney, appellant, v GE Medical Systems, respondent. (Index No. 8533/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated January 30, 2003, which was determined by decision and order of this court dated May 24, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied.

SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14539

E/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2003-07729 Stanley C. Matusewicz, appellant, v Jeanine M. Prysock, respondent. (Index No. 10797/99)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated June 11, 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 it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until September 7, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14552

L/

2004-02303 Amanda Morrison, plaintiff-respondent- appellant, v Gregory M. Saragossi, et al., respondents, Look Entertainment Ltd. T/A Show Time Café, defendant-respondent- appellant; Mike Parlato, appellant-respondent. (Action No. 1) (Index No. 12434/99) Michael Parlato, appellant-respondent, v Gregory M. Saragossi, et al., respondents, Look Entertainment Ltd., d/b/a Show Time Café, respondent-appellant. (Action No. 2) (Index No. 24026/99) Marc Medina, plaintiff, v Gregory Saragossi, et al., defendants. (Action No. 3) (Index No. 16083/99) Christopher Drellos, plaintiff-appellant-respondent, v Gregory M. Saragossi, et al., respondents, Look Entertainment Ltd., T/A Show Time Café, respondent-appellant, Mike Parlato, defendant- appellant-respondent. (Action No. 4) (Index No. 31800/99) Amanda Morrison, respondent-appellant, v Michael Killoran, et al., appellants- respondents. (Action No. 5) Index No. 16169/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent Michael Parlato, to withdraw his appeal from an order of the Supreme Court, Nassau County, dated February 9, 2004.

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

ORDERED that the application is granted and the appeal by Michael Parlato is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14599

Y/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-04781 Milton Munroe, respondent, v Nepera Chemical Co., Inc., appellant. (Index No. 2901/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated April 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.

ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14473

M/nal

2004-00094 Jo-Marie Reed, respondent, v George Hopp Reed, appellant. (Index No. 5271/99)

SCHEDULING ORDER

Appeal by George Hopp Reed from a judgment of the Supreme Court, Richmond County, dated November 14, 2003. The appellant's brief was served and filed on June 24, 2004, and the respondent's brief was served and filed on July 21, 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 time of the law guardian to serve and file a brief on the appeal is enlarged until September 3, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14524

Y/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2001-09582 Stefanie Seifert, etc., et al., respondents, v City of New York, appellant, et al., defendants. (Index No. 37237/93)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, entered August 21, 2001, which was determined by decision and order of this court dated May 24, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Cross motion by the respondents for the same relief or to enlarge their time to comply with the provision of the decision and order dated May 24, 2004, which directed a new trial unless the plaintiffs stipulate to reduce the verdict.

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

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

ORDERED that the cross motion is granted to the extent that the respondents' time to comply with the provision of the decision and order dated May 24, 2004, which directed a new trial unless they stipulate to reduce the verdict, is enlarged until September 7, 2004, and the cross motion is otherwise denied.

RITTER, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14556

L/

2004-03886 Adrienne Spellman, respondent, v Papillon Salons & Company, Inc., etc., et al., appellants. (Index No. 26133/03)

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 March 12, 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

M14597

S/sl

2004-01113 Tridee Associates, Inc., respondent, v Board of Education of City of New York, appellant. (Index No. 47478/97)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated January 20, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 16, 2004, 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 brief shall be served and filed on or before September 30, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14598

S/sl

2004-01227 Eleanor Troche, etc., et al., respondents, v New York City Transit Authority, et al., appellants. (Index No. 30318/96)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 12, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 7, 2004, 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

M14593

L/

NANCY E. SMITH, J.P.

SONDRA MILLER

THOMAS A. ADAMS

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-01689 In the Matter of Michael Algieri, respondent, v New York City Housing Authority, appellant. (Index No. 32794/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 12, 2003.

Upon the stipulation of the attorneys for the respective parties, dated June 21, 2004, it is

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

SMITH, J.P., S. MILLER, ADAMS, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14601

Y/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-02823 In the Matter of Allstate Insurance Company, respondent-appellant, v Susie Leach, respondent; Providence Washington Inc., Co., additional respondent appellant-respondent, et al., additional respondents. (Index No. 25186/02)

DECISION & ORDER ON MOTION

Motion by Allstate Insurance Company on an appeal and cross appeal from a judgment of the Supreme Court, Queens County, dated February 19, 2004, inter alia, to strike the brief and joint record filed by Providence Washington Ins. Co. and dismiss the appeal on the ground that the joint record is incomplete, or, in the alternative, to direct Providence Washington Ins. Co. to serve and file a supplemental joint 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 to the extent that on or before August 27, 2004, Providence Washington Ins. Co. is directed to serve and file a supplemental joint record containing the petition, the opposition to the petition, and the order of reference (see CPLR 5026); and it is further,

ORDERED that Allstate Insurance Company shall serve and file its answering brief, including its points of argument on the cross appeal, on or before September 27, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the motion is otherwise denied.

ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14522

M/nal

2004-04897 In the Matter of Regina Beretervide, appellant, v Curtis G. Pharr, respondent. (Docket No. V-2808-03)

ORDER TO SHOW CAUSE

Appeal by Regina Beretervide from an order of the Family Court, Orange County, dated April 28, 2004. By scheduling order dated June 16, 2004, 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 June 16, 2004, 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 August 23, 2004; 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

M14491

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

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

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, dated June 25, 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 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 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:

Noel C. Dillon, Esq.

191 New York Avenue

Huntington, New York 11743

(631) 673-7555

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.

RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14513

M/nal

2004-04305 In the Matter of Kayla C. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Daria C. (Anonymous), appellant, et al., respondent. (Docket Nos. N-14856-03, N-14864-03)

SCHEDULING ORDER

Appeal by Daria C. from an order of the Family Court, Suffolk County, dated April 14, 2004. By decision and order of this court dated July 28, 2004, the following attorney was assigned as counsel on the appeal:

Edward M. Gould, Esq.

374 Islip Avenue - Suite 104

Islip, New York

631-581-5497

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 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 the order of this court dated July 28, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M14567

S/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2004-00967 In the Matter of Cathedral Fourth Development Corp., respondent, v Board of Assessors, etc., et al., appellants. (Index No. 3738/03)

DECISION & ORDER ON MOTION

Appeal by Board of Assessors and Assessment Review Commission of County of Nassau, County of Nassau, and Donald S. Clavin, Jr., from an order of the Supreme Court, Nassau County, dated December 17, 2003.

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

ORDERED that the notice of appeal is treated as an application for leave to appeal to this court, and leave to appeal is granted (see CPLR 5701[c]).

PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14480

M/nal

2004-04257 In the Matter of Joann Corby, appellant, v Scott M. Corby, respondent. (Docket No. O-10198-02)

SCHEDULING ORDER

Appeal by Joann Corby from an order of the Family Court, Suffolk County, dated April 1, 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 September 3, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14559

S/sl

2004-00679 In the Matter of Chauncey Cromwell, petitioner, v Glenn S. Goord, etc., appellant. (Index No. 6726/03)

ORDER ON APPLICATION

Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Orange County, dated January 13, 2004.

ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until September 13, 2004, 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

M14481

M/nal

2004-01917 In the Matter of Natale D'Altilio, appellant, v Joy I. D'Altilio, respondent. (Docket No. F-01816-03)

SCHEDULING ORDER

Appeal by Natale D'Altilio from an order of the Family Court, Orange County, dated January 30, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 18, 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 respondent's time to serve and file a brief on the appeal is enlarged until September 15, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14514

M/nal

2004-05407 In the Matter of Kenneth D. (Anonymous). Administration for Children's Services, respondent; Delano D. (Anonymous), appellant. (Docket No. N- 08747-02)

SCHEDULING ORDER

Appeal by Delano D. from an order of the Family Court, Queens County, dated May 12, 2004. By decision and order of this court dated July 28, 2004those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M14515

M/nal

2004-05610 In the Matter of Nikson D. (Anonymous), appellant. (Docket No. D-24653-03)

SCHEDULING ORDER

Appeal by Nikson D. from an order of the Family Court, Kings County, dated March 9, 2004. By decision and order of this court dated July 28, 2004, 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 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 the order of this court dated July 28, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M14534

M/nal

2004-04527, 2004-04528 In the Matter of Dyshaun F. (Anonymous), appellant. (Docket No. D-10480-03)

SCHEDULING ORDER

Appeals by Dyshaun F. from two orders of the Family Court, Nassau County, dated April 22, 2004, and May 3, 2004, respectively. By decision and order of this court dated July 27, 2004, the following attorney was assigned as counsel on the appeals:

John M. Zenir, Esq.

114 Old Country Road - Suite 216

Mineola, New York 11501

(516) 746-0180

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 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 appeals; 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 July 27, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are 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 30 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 718-722-6313 with any questions.

Appellate Division: Second Judicial Department

M14486

M/nal

2004-00789 In the Matter of Rollo French, appellant, v Anna French, respondent. (Docket No. F-04111/92)

SCHEDULING ORDER

Appeal by Rollo French from an order of the Family Court, Kings County, dated December 17, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 10, 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 respondent's time to serve and file a brief on the appeal is enlarged until August 30, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14585

S/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-01463 In the Matter of Dominic A. Gallo, Jr., respondent, v Donna L. Gallo, appellant. (Docket No. F-04882/03)

DECISION & ORDER ON MOTION

Appeal by Donna L. Gallo from an order of the Family Court, Dutchess County, dated January 17, 2004. By decision and order on motion of this court dated May 5, 2004, the court's own motion to dismiss the appeal was denied and the appellant was given until June 21, 2004, to perfect the appeal. The appeal has not been perfected.

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the decision and order on motion of this court dated May 5, 2004.

ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14586

S/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2004-05909 In the Matter of Sharon Gonzalez, respondent, v Robert Lobas, appellant. (Docket No. V-00321/97/03)

DECISION & ORDER ON MOTION

Appeal by Robert Lobas from an order of the Family Court, Putnam County, dated June 17, 2004.

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

ORDERED that the appellant's notice of appeal is treated as an application for leave to appeal to this court and leave to appeal is granted (see CPLR 5701[c]).

PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14587

S/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2004-06459 In the Matter of Josefa Iwachiw. Walter Iwachiw, appellant. (Index No. 29496/02)

DECISION & ORDER ON MOTION

Appeal by Walter Iwachiw from a decision of the Supreme Court, Queens County, dated May 12, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).

PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14516

M/nal

2004-04873, 2004-04877 In the Matter of Nicholas Francis K. (Anonymous). Westchester Department of Social Services, respondent; Edward K. (Anonymous), appellant. In the Matter of Tabitha Jillian K. (Anonymous). Westchester Department of Social Services, respondent; Edward K. (Anonymous), appellant. (Docket Nos. B-9332-03, B-9333-03)

SCHEDULING ORDER

Appeals by Edward K. from two orders of the Family Court, Westchester County, both dated March 29, 2004. By decision and order of this court dated July 28, 2004, the following attorney was assigned as counsel on the appeals:

Darren DeUrso, Esq.

470 Mamaroneck Avenue - Suite 401

White Plains, New York 10605

(914) 946-9468

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 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 appeals; 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 July 28, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are 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 30 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M14519

M/nal

2003-02993 In the Matter of Mary S. Kravitz, respondent, v Jeffrey P. Kravitz, appellant. (Docket No. O-815-01)

SCHEDULING ORDER

Appeal by Jeffrey P. Kravitz from an order of the Family Court, Nassau County, dated February 27, 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 law guardian's time to serve and file a brief on the appeal is enlarged until September 10, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14565

S/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2004-06414 In the Matter of Melissa Maldonado, appellant, v Henry J. Clouden, et al., respondents. (Docket No. V-23615/03)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Appeal by Melissa Maldonado from an order of the Family Court, Kings County, dated June 24, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see Family Ct Act § 1112) and we decline to grant leave to appeal.

PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14475

M/nal

2004-04842 In the Matter of Yevgeniya Medovaya, respondent, v Yuriy Medovoy, appellant. (Docket No. F-09304-02)

ORDER TO SHOW CAUSE

Appeal by Yuriy Medovoy from an order of the Family Court, Kings County, dated May 7, 2004. By scheduling order dated June 10, 2004, 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) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) 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 June 10, 2004, 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 August 23, 2004; 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

M14574

S/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2004-06126 In the Matter of Edmonde Mitchell, respondent, v Frederick W. Mitchell, appellant. (Docket No. U-15934-03)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Appeal by Frederick Mitchell from an order of the Supreme Court, Westchester County, dated June 8, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying a motion for reargument.

PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14517

M/nal

2004-01828 In the Matter of Shahzada Mohammad, respondent, v Abdul Qazi Mohammad, appellant. (Docket Nos. V-26688/99, V-27057/99)

SCHEDULING ORDER

Appeal by Abdul Qazi Mohammad from an order of the Family Court, Kings County, dated February 26, 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 September 3, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14485

M/nal

2004-00546 In the Matter of Katherine Oliphant, respondent, v Bryan Oliphant, appellant. (Docket No. F-10331/02)

SCHEDULING ORDER

Appeal by Bryan Oliphant from an order of the Family Court, Westchester County, dated December 9, 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 September 3, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14573

S/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2004-05760 In the Matter of Sandra Parker, appellant, v Vincent Malfetano, respondent. (Docket Nos. V-2699-02, V-2706-02)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Appeal by Sandra Parker from an order of the Family Court, Westchester County, dated July 16, 2003.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see Family Ct Act § 1112) and we decline to grant leave to appeal.

PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14532

M/nal

2004-04772 In the Matter of Patricia Price, appellant, v Colin Beswick, respondent. (Docket No. F-31950-03)

SCHEDULING ORDER

Appeal by Patricia Price from an order of the Family Court, Kings County, dated April 27, 2004. By decision and order of this court dated July 27, 2004, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M14482

M/nal

2004-02593 In the Matter of Michael Angel R. (Anonymous). Salvation Army, respondent; Rosella Ellen R. (Anonymous), appellant. (Docket No. B-16480/01)

ORDER TO SHOW CAUSE

Appeal by Rosella Ellen R. from an order of the Family Court, Kings County, dated January 23, 2004. By decision and order of this court dated June 10, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before July 28, 2004. 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 August 23, 2004; 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

M14520

M/nal

2004-02453 In the Matter of Maria Rizzuto, f/k/a Maria Landen, respondent-appellant, v Michael Landen, appellant-respondent. (Docket No. F-406-02)

SCHEDULING ORDER

Appeal and cross appeal from an order of the Family Court, Westchester County, dated February 23, 2004. The appellant-respondent's brief was filed in the office of the Clerk of this court on July 29, 2004. 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 brief of the respondent-appellant 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

M14478

M/nal

2003-05451 In the Matter of Maria Ronis, respondent, v Victor Organjanov, appellant. (Docket No. F-05554-00)

SCHEDULING ORDER

Appeal by Victor Organjanov from an order of the Family Court, Kings County, dated May 21, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 26, 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 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

M14537

M/nal

2004-04645 In the Matter of Osdila Santiago, appellant, v Ismail Ibrahim, respondent. (Docket No. V-17218-98)

SCHEDULING ORDER

Appeal by Osdila Santiago from an order of the Family Court, Queens County, dated April 22, 2004. By decision and order of this court dated July 27, 2004, the following attorney was assigned as counsel on the appeal:

Lewis S. Calderon, Esq.

90-50 Parsons Blvd. Suite 405

Jamaica, New York 11432

(718) 883-1560

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

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated July 27, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M14570

S/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2004-06350 In the Matter of Deodhram Singh, respondent, v Anjanee Singh, appellant. (Docket Nos. V-11018-04, V-11036-04)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Appeal by Anjanee Singh from an order of the Family Court, Queens County, dated June 22, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see Family Ct Act § 1112) and we decline to grant leave to appeal.

PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14571

S/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2004-06462 In the Matter of Roxanne Soliwada. St. John's Queens Hospital, respondent; Walter Iwachiw, appellant. (Index No. 4041/04)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Appeal by Walter Iwachiw from an ex parte order of the Supreme Court, Queens County, dated May 11, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an ex parte order (see CPLR 5701), and we decline to treat the appeal as an application pursuant to CPLR 5704.

PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14518

M/nal

2004-04163, 2004-04165 In the Matter of Suffolk County Department of Social Services, o/b/o Tonia Marzocco, respondent, v Robert Marzocco, appellant. (Docket No. F-03777-92)

SCHEDULING ORDER

Appeals by Robert Marzocco from two orders of the Family Court, Suffolk County, dated February 9, 2004, and April 23, 2004. By decision and order of this court dated July 28, 2004, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were 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 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

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

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeals; 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 it has been ordered and paid for, the date thereof and the date by which the transcripts are 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 30 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

M14484

M/nal

2003-09155 In the Matter of Khierk T. (Anonymous). Child Development Support Corporation, respondent; Nabila T. (Anonymous), et al., appellants. (Docket No. B-3548/02)

SCHEDULING ORDER

Appeals by Macee P. and Nabila T. from an order of the Family Court, Queens County, dated August 29, 2003. The brief of the appellant Nabila T. was filed in the office of the Clerk of this court on May 6, 2004, and the brief of the appellant Macee P. Was filed on June 14, 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 law guardian's time to serve and file a brief on the appeal is enlarged until August 16, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14554

L/

2004-05986 In the Matter of Three Partners Realty, appellant, v Town of Poughkeepsie Planning Board, et al., respondents. (Index No. 6019/03)

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, Dutchess County, dated June 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

M14555

L/

2004-05985 In the Matter of Three Partners Realty, appellant, v Town of Poughkeepsie Planning Board, et al., respondents. (Index No. 981/04 )

ORDER ON APPLICATION Application to Withdraw Appeal

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

M14477

M/nal

2004-03345 In the Matter of Gerald W. (Anonymous), appellant. (Docket No. D-20174-03)

SCHEDULING ORDER

Appeal by Gerald W. from an order of the Family Court, Queens County, dated March 16, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 27, 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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M14489

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-03587 In the Matter of Lloida W. (Anonymous). Administration for Children's Services, respondent; Maria W. (Anonymous), appellant. (Docket No. B-12378-99)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated March 29, 2004, and for leave to the appellant to prosecute the appeal as a poor person.

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 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 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:

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 227-0206

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.

RITTER, J.P., S. MILLER, GOLDSTEIN, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14474

M/nal

2004-00678 In the Matter of Jason Z. (Anonymous), appellant. (Docket No. D-6019-03)

SCHEDULING ORDER

Appeal by Jason Z. from an order of the Family Court, Orange County, dated December 17, 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 September 3, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14590

S/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-03031 The People, etc., respondent, v Hoblin Bulayana, appellant. (S.C.I. No. 797/02)

DECISION & ORDER ON MOTION

Motion by the attorney assigned to represent the appellant on an appeal from a determination of the County Court, Westchester County, dated February 10, 2004, inter alia, to dismiss the appeal and vacate the determination dated February 10, 2004, on the ground that the appellant has been deported.

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

ORDERED that the appellant show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant is no longer available to obey the mandate of this court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578) by filing an affidavit on that issue in the office of the Clerk of this court on or before September 3, 2004; and it is further,

ORDERED that the motion by the appellant's assigned counsel is held in abeyance in the interim; and it is further,

 ORDERED that the Clerk of this court, or his designee is directed to serve a copy of this order to show cause upon the appellant at the institution in which he is confined, upon his attorney, and upon the People, by ordinary mail pursuant to CPL 470.60(2).

ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14560

S/sl

2002-01407 The People, etc., respondent, v Scott Farrell, appellant. (Ind. No. 60/01)

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 County Court, Nassau County, rendered January 18, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 20, 2004, 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

M14463

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-05914 The People, etc., respondent, v Doreen Mannion, appellant. (S.C.I. No. 03-01625)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Westchester County, rendered April 26, 2004, on the ground that it was untimely taken.

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 appeal is dismissed (see CPL 460.10[1]; 470.60[1]).

RITTER, J.P., S. MILLER, GOLDSTEIN, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14457

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-05738 The People, etc., respondent, v Lorenzo McFarlane, appellant. (Ind. No. 2850/03)

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, Nassau County, rendered July 1, 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 that the motion is granted; and it is further,

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

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings 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 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 Rountry, Esq.

396 Roosevelt Avenue

Freeport, New York 11520

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.

RITTER, J.P., S. MILLER, GOLDSTEIN, and SPOLZINO, 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

M14464

F/

DAVID S. RITTER, J.P..

SONDRA MILLER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

1994-00961 The People, etc., respondent, v Hairo Rentaria, a/k/a Jairo, Rentaria appellant. (Ind. No. 9505/93)

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, Kings County, rendered January 7, 1994.

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]).

RITTER, J.P., S. MILLER, GOLDSTEIN, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14424

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-05684 The People, etc., plaintiff, v Gil Shearer, defendant. (Ind. No. 03-00708)

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, Westchester County, rendered March 10, 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 the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., S. MILLER, GOLDSTEIN, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 A 1423

Upstate Corr. Fac.

Box 2000

Malone, New York 12953

Appellate Division: Second Judicial Department

M14449

F/

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

1999-10351 The People, etc., respondent, v Timothy Stuckey, appellant. (Ind. No. 99-00251)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Rockland County, rendered October 27, 1999.

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]).

PRUDENTI, P.J., SMITH, ADAMS, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14550

R/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2001-04337 The People, etc., respondent, v Ivan Michael Suphal, a/k/a Michael Suphal appellant. (Ind. No. 9167/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, rendered May 7, 2001, which was determined by decision and order of this court dated May 3, 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.

KRAUSMAN, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14451

F/

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

1995-02979 The People, etc., respondent, v Melvin Whitehurst, appellant. (Ind. No. 15552/93)

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, Kings County, rendered March 15, 1995.

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]).

PRUDENTI, P.J., SMITH, ADAMS, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14454

F/

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

1994-04658 The People, etc., respondent, v Damien Williams, appellant. (Ind. No. 6473/93)

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, Kings County, rendered May 12, 1994.

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]).

PRUDENTI, P.J., SMITH, ADAMS, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14455

F/

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-04301 The People, etc., respondent, v Robert Wilson, appellant. (Ind. No. 1627/00)

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, Nassau County, rendered April 15, 2004, 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 and in relation thereto, it is

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

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

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings 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 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:

Raymond E. Kerno, Esq.

1527 Franklin Avenue

Mineola, New York 11501

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.

RITTER, J.P., S. MILLER, GOLDSTEIN, and SPOLZINO, 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