Appellate Division: Second Judicial Department

M14859

PL/sl

2003-10795, 2003-10984 ADC Orange, Inc., respondent, v Coyote Acres, Inc., appellant. (Index No. 2458/02)

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, Orange County, both dated November 25, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 19, 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

M14855

L/

2004-01564 Bankers Capital Alliance, LLC, a/k/a Swiss Capital Partners, LLC, appellant, v UBS Principal Finance, LLC, et al., respondents. (and a third-party action) (Index No. 11965/02

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated January 22, 2004.

Upon the stipulation of the parties, dated August 6, 2004, and August 10, 2004, respectively, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14850

L/

2004-03503 Charles A. Bozzello, Jr., appellants, v I-Engineering.Com, Inc., respondent. (Index No. 18165/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 9, 2004.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14849

S/sl

2004-03148 Chaehee Jung, et al., respondents, v Kum Gang, Inc., d/b/a Kum Gang San Restaurant, appellant-respondent, Kit Realty, Inc., respondent-appellant. (Index No. 30277/00)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated February 18, 2004.

ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14865

E/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-04715 Leslie Crockett, respondent, v Long Beach Medical Center, appellant. (Index No. 13001/99)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, entered March 25, 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 respondent's time to serve and file a brief is enlarged until September 15, 2004, and the respondent'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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14860

R/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-06633, 2004-06634, 2004-06814 Fairfield Towers Condominium, respondent, v Fairfield Presidential Associates, et al., appellants. (Index No. 19283/03)

DECISION & ORDER ON MOTION

Motion by the appellant Fairfield Presidential Associates on appeals from three orders of the Supreme Court, Kings County, dated September 11, 2003, January 2, 2004, and July 19, 2004, respectively, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of the appeals.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14864

S/sl

2004-01494 Sonia Jean-Louis, respondent, v Belynda Baudin, et al., appellants. (Index No. 23672/01)

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 December 3, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 12, 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

M14856

L/

2004-06057 Sharon Marx, et al., appellants, v Jay Gendal, etc., et al., respondents. (Index No. 10082/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 1, 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

M14880

S/sl

2004-01561 Matrix Financial Services Corporation, respondent, v Peter G. McKiernan, appellant, et al., defendants. (Index No. 16653/99)

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, Westchester County, dated January 5, 2004.

ORDERED that the application is granted and the record and brief which were submitted to the Clerk of this court are accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14868

E/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-11064 Nations Credit Home Equity Services, appellant, v Evelyn Anderson, et al., respondents. (Index No. 4380/00)

DECISION & ORDER ON MOTION

Motion by the respondent Mary Kellerman to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated October 27, 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 respondent Mary Kellerman's time to serve and file a brief is enlarged until November 17, 2004, and the respondent Mary Kellerman's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14848

L/

2004-03510 Brian Pemberton, et al., appellants, v County of Nassau, respondent. (Index No. 2104-02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 15, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14853

L/

2004-04128 Stella Schofield, et al., respondents, v Yonkers Contracting Company, et al., appellants. (Index No. 14398/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 29, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14851

L/

2004-03918 Wilson Tello, et al., plaintiffs-respondents, v Deerfield Condominium I, II, III, et al., defendants third-party plaintiffs-respondents; J.C. Landscaping Corporation, etc., third-party defendant-appellant. (Index No. 6156/02)

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 April 7, 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

M14854

L/

2004-04124 240 North Avenue Realty Corp., et al., respondents, v DAP Contracting Corp., et al., appellants, Moistan General Agency, Inc., et al., defendants. (Index No. 19808/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 1, 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

M14659

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-02295 In the Matter of Keith Acker, admitted as Keith Woodhull Acker, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Keith Acker has voluntarily submitted an affidavit dated March 11, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Acker was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 6, 1982, under the name Keith Woodhull Acker. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Acker presently resides in Connecticut, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Keith Acker, admitted as Keith Woodhull Acker, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Keith Acker, admitted as Keith Woodhull Acker, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Keith Acker, admitted as Keith Woodhull Acker, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Keith Acker, admitted as Keith Woodhull Acker, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14652

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01683 In the Matter of Steven John Bosser, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Steven John Bosser has voluntarily submitted an affidavit dated February 20, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Bosser was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 27, 1985. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Bosser presently resides in Texas, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Steven John Bosser, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Steven John Bosser is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Steven John Bosser is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Steven John Bosser has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14861

S/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-04975 In the Matter of Altagracia Calvo, respondent, v Luis Calvo, appellant. (Docket No. F-1400-97)

DECISION & ORDER ON MOTION

Appeal by Luis Calvo from an order of the Family Court, Queens County, dated April 30, 2003. By decision and order on motion dated May 12, 2004, this court denied its own motion to dismiss the appeal for failure to comply with a scheduling order dated February 26, 2004, issued pursuant to 22 NYCRR 670.4(a)(2), and directed the appellant to perfect the appeal on or before June 14, 2004. 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 appeal in accordance with the decision and order on motion dated May 12, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14656

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-02215 In the Matter of Gerald Canter, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Gerald Canter has voluntarily submitted an affidavit dated March 12, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Canter was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 15, 1954. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Canter presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Gerald Canter, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Gerald Canter is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Gerald Canter is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Gerald Canter has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14644

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01512 In the Matter of William Thomas Daly, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

William Thomas Daly has voluntarily submitted an affidavit dated February 18, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Daly was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 15, 1992. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Daly presently resides in Ohio, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of William Thomas Daly, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of William Thomas Daly is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, William Thomas Daly is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if William Thomas Daly has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14857

PL/sl

2004-00781 In the Matter of Dedona Contracting Corp., petitioner, v Raymond P. Martinez, respondent. (Index No. 17578/03)

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 in a proceeding which was transferred to this court by order of the Supreme Court, Queens County, dated January 9, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 10, 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

M14654

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01900 In the Matter of William C. Eaker, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

William C. Eaker has voluntarily submitted an affidavit dated March 2, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Eaker was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 1, 1980. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Eaker presently resides in North Carolina, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of William C. Eaker, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of William C. Eaker is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, William C. Eaker is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if William C. Eaker has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14661

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-02216 In the Matter of Richmond Terrell Edes, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Richmond Terrell Edes has voluntarily submitted an affidavit dated March 10, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Edes was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 24, 1973. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Edes presently resides in Massachusetts, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Richmond Terrell Edes, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Richmond Terrell Edes is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Richmond Terrell Edes is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Richmond Terrell Edes has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14649

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01511 In the Matter of Camilla Robinson Hauptfuhrer, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Camilla Robinson Hauptfuhrer has voluntarily submitted an affidavit dated February 17, 2004, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Hauptfuhrer was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 11, 1985. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Hauptfuhrer presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Camilla Robinson Hauptfuhrer, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Camilla Robinson Hauptfuhrer is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Camilla Robinson Hauptfuhrer is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Camilla Robinson Hauptfuhrer, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14657

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-02096 In the Matter of David Joseph Kirby, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

David Joseph Kirby has voluntarily submitted an affidavit dated February 25, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Kirby was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 19, 1989. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Kirby presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of David Joseph Kirby, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of David Joseph Kirby is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, David Joseph Kirby is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if David Joseph Kirby has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14863

S/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-02217 In the Matter of Letayvia M. (Anonymous), appellant. (Docket No. D-20198-03)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to perfect an appeal from an order of the Family Court, Queens County, dated March 2, 2004.

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

ORDERED that the application is granted and the appellant's time to perfect the appeal 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 is enlarged until September 9, 2004; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14648

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00862 In the Matter of Andrew James McMahon, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

Andrew James McMahon has voluntarily submitted an affidavit dated January 30, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. McMahon was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 1, 1983. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. McMahon presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Andrew James McMahon, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Andrew James McMahon is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Andrew James McMahon is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Andrew James McMahon has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14858

S/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-08101 In the Matter of Sean S. O'Brien, appellant, v Norma Mera Camera, respondent. (Docket No. V-01006/03)

DECISION & ORDER ON MOTION

Appeal by Sean S. O'Brien from an order of the Family Court, Orange County, dated August 6, 2003. By decision and order on motion dated June 8, 2004, this court denied its own motion to dismiss the appeal for failure to comply with a scheduling order dated March 4, 2004, issued pursuant to 22 NYCRR 670.4(a)(2), and directed the appellant to perfect the appeal on or before June 30, 2004. 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 appeal in accordance with the decision and order on motion dated June 8, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14663

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2001-00149 In the Matter of James M. O'Neill, a disbarred attorney. Grievance Committee for the Tenth Judicial District, petitioner; James M. O'Neill, respondent.

DECISION & ORDER ON MOTION

Motion by Andrew M. Mahony, the court-appointed conservator in this matter, for an order: 1) discharging him as conservator; 2) authorizing payment for his legal fees and disbursements; and 3) authorizing the Grievance Committee for the Tenth Judicial District to take possession of the remaining files in the respondent's storage locker to be destroyed at the Grievance Committee's discretion. By decision and order on motion of this court dated March 20, 2001, the respondent James M. O'Neill was immediately suspended pursuant to 22 NYCRR 691.4(l)(1)(i) upon a finding that he was guilty of professional misconduct immediately threatening the public interest based upon his failure to cooperate with the Grievance Committee; the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against him; the issues raised were referred to John F. Mulholland, Esq., as Special Referee to hear and report; and the respondent was directed to appear at the Grievance Committee's offices within 20 days to testify and to produce relevant books and records. By opinion and order of this court dated November 13, 2001, the respondent was disbarred on default and Andrew M. Mahony, Esq., was appointed pursuant to 22 NYCRR 691.10(k) to inventory the respondent's files and to take such action as is deemed proper and advisable to protect the interests of the respondent's former clients.

Upon the papers submitted in support of the motion, it is,

ORDERED that the motion is granted and Andrew M. Mahony is hereby discharged of his duties to inventory the respondent's files; and it is further,

ORDERED that the Grievance Committee for the Tenth Judicial District is authorized to take possession of the files remaining in the respondent's storage locker; and it is further,

ORDERED that the conservator's schedule of legal fees and disbursements is submitted for review and payment.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14664

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

THOMAS A. ADAMS, JJ.

2004-02171 In the Matter of Scott Pere, an attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Scott Pere, respondent.

DECISION & ORDER ON MOTION

The Grievance Committee has informed the court that the respondent pleaded guilty to conspiracy to illegally restrain interstate trade and commerce, a violation of the Sherman Act, 15 USCA § 1, a class E felony. In June 1999, the respondent was sentenced to four months house arrest, one year probation, $16,000 restitution, and a $20,000 fine. The respondent failed to notify this court of his criminal conviction in accordance with Judiciary Law § 90. The Grievance Committee has submitted a certified copy of the Judgment and Commitment. Based on this information, the Grievance Committee submits that the respondent has been convicted of a serious crime, pursuant to 22 NYCRR 691.7(b) and a violation of the Judiciary Law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 31, 1985.

Upon the papers submitted to the court, it is

ORDERED that on the court's own motion, the respondent is immediately suspended from the practice of law as a result of his conviction of a serious crime, and continuing until further order of this court, pursuant to Judiciary Law § 90(4)(f); and it is further,

ORDERED that Scott Pere shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (22 NYCRR 691.10); and it is further,

 ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Scott Pere, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that on the court's own motion, the Grievance Committee for the Second and Eleventh Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against the said Scott Pere, based on his conviction of a serious crime; and it is further,

ORDERED that Diana Maxfield Kearse, Chief Counsel to the Grievance Committee for the Second and Eleventh Judicial Districts, Renaissance Plaza, 335 Adams Street, Suite 2400, Brooklyn, N.Y. 11201-3745, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that the petitioner Grievance Committee shall serve upon the respondent and the Special Referee and file with this court a petition within 30 days after receipt of this order; and it is further,

ORDERED that the respondent shall serve an answer to the petition upon the petitioner and the Special Referee and file same with this court within 10 days after service upon him of the petition; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Arthur W. Lonschein, a retired Justice of the Supreme Court, Queens County, c/o Manton, Sweeney, Gallo, Reich & Bolz, LLP, 95-25 Queens Boulevard, Suite 626, Rego Park, N.Y. 11374, as Special Referee to expeditiously hear and report, together with his findings on the issues.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14815

S/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

THOMAS A. ADAMS

ROBERT A. LIFSON, JJ.

2004-00689 In the Matter of Riverkeeper, Inc., appellant, v Planning Board of Town of Southeast, et al., respondents. (Appeal No. 1) (Index No. 7921/03) 2004-00703 In the Matter of Richard Feuerman, et al., appellants, v Planning Board of Town of Southeast, et al., respondents. (Appeal No. 2) (Index No. 7805/03) 2004-00710, 2004-00713 In the Matter of Croton Watershed Clean Water Coalition, Inc., et al., appellants, v Planning Board of Town of Southeast, et al., respondents. (Appeal No. 4) (Index No. 7847/03)

DECISION & ORDER ON MOTION

Motion by the appellants in Appeal No. 2 to consolidate appeals from a decision of the Supreme Court, Westchester County, entered November 6, 2003, and three judgments of the same court, all entered December 12, 2003 (one in each proceeding), and to enlarge the time to perfect the appeals.

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

ORDERED that on the court's own motion the appeal from the decision (Appellate Division Docket No. 2004-00710) 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 motion is granted; and it is further,

ORDERED that the parties are directed to file 11 copies of the joint record or appendix on the appeals and their respective briefs; and it is further,

ORDERED that the appellants' time to perfect the appeals is enlarged until September 22, 2004, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

SANTUCCI, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14870

E/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-02047 In the Matter of Ralph Staples, appellant, v Laura Smith, respondent. (Docket No. F-6557/97)

ORDER TO SHOW CAUSE

Motion by Dennis B. Portararo, Esq., the attorney for the appellant, to be relieved as counsel on an appeal from an order of the Family Court, Orange County, dated February 9, 2004, on the ground that the order dated February 9, 2004, has been rendered academic by a subsequent order of the same court dated May 10, 2004.

Now on the court's own motion, it is

ORDERED that the parties are directed to show cause why an order should or should not be entered dismissing the appeal on the ground that the appeal has been rendered academic, by each filing an affirmation on that issue with the Clerk of this court on or before September 3, 2004; and it is further,

ORDERED that the motion by 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 upon counsel for both parties by regular mail.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14847

F/

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-07232 In the Matter of George D. Wendell, appellant, v Jenny Wendell, respondent. (Docket No. V-5900-02)

DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel of Assignment and to Assign New Counsel - Family Court

On the court's own motion, it is

ORDERED that counsel assigned to prosecute an appeal from an order of the Family Court, Orange County, dated July 16, 2003, is relieved of the assignment and is directed to turn over all papers in action to new counsel herein assigned.

The appellant's motion for assignment of counsel was granted on October 20, 2003, and the following named attorney was assigned to prosecute the appeal:

Robert Reno, Esq.

143 Pike Street

P.O. Box 1108

Port Jervis, New York 12771

and it is further,

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

Philip C. Schnabel, Esq.

33 Schnabel Lane

Chester, New York 10918

(845) 469-2023

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14646

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-01214 In the Matter of James L. Wilkinson, an attorney and counselor-at-law.

DECISION & ORDER VOLUNTARY RESIGNATION

James L. Wilkinson has voluntarily submitted an affidavit dated February 11, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Wilkinson was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 31, 1985. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Wilkinson presently resides in Massachusetts, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of James L. Wilkinson, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of James L. Wilkinson is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, James L. Wilkinson is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if James L. Wilkinson has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14852

F/

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-05459 The People, etc., respondent, v Carlos Padilla, appellant. (Ind. No. 02-00767)

DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel and to Assign New Counsel

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Orange County, rendered June 13, 2003, was granted on October 9, 2003. The following named attorney was assigned to prosecute the appeal:

Robert Reno, Esq.

143 Pike Street

P.O. Box 1108

Port Jervis, New York 12771

On the court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

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

Philip C. Schnabel, Esq.

33 Schnabel Lane

Chester, New York 10918

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 3252

Cayuga Corr. Fac.

Box 1150

Moravia, New York 13118

Appellate Division: Second Judicial Department

M14862

F/

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-04309 The People, etc., respondent, v Willie Petteway , appellant (Ind. No. 03-00133)

DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel and to Assign New Counsel

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Orange County, rendered May 5, 2003, was granted on June 18, 2004. The following named attorney was assigned to prosecute the appeal:

Robert Reno, Esq.

143 Pike Street

P.O. Box 1108

Port Jervis, New York 12771

On the court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

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

Matthew B. Tully, Esq.

P.O. Box 491

Hunter, New York 12442

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 2902

Franklin Corr. Fac.

P.O. Box 10

Malone, New York 12953