Appellate Division: Second Judicial Department

M14934

CF/

2003-09948 Peter Castellotti, appellant, v Rea Castellotti, respondent. (Index No. 5403/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated October 3, 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ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14905

L/

2004-02475 Mary Cortese, et al., respondents, v Bingo at Maspeth, et al., appellants. (Index No. 20113/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated January 28, 2004.

Upon the stipulation of the parties, dated August 11, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14916

L/

2004-03355 Melissa Della Croce, et al., respondents, v Jose Pedra, appellant. (Index No. 30571/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 22, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M14914

L/

2004-01832 E-Venture Capital Mgt., Inc., et al., appellants, v Tauscher Cronacher Professional Engineers, P.C., et al., respondents. (Index No. 02-11251)

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M14925

L/

SONDRA MILLER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2001-04983 Dorothy Felter, etc., respondent, v County of Rockland, et al., defendants, Hartel Plumbing, et al., appellants (and a third-party action). (Index No. 1676/98)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants for leave to withdraw their respective appeals from an order of the Supreme Court, Rockland County, dated April 17, 2001.

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

ORDERED that the applications are granted and the appeals are deemed withdrawn, without costs or disbursements.

S. MILLER, J.P., SCHMIDT, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14893

M/nal

2004-02935 Domenica Giovinazzo et al., respondents, v Dorothy Giovinazzo, appellant. (Index No. 8695/03)

SCHEDULING ORDER

Appeal by Dorothy Giovinazzo from an order of the Supreme Court, Richmond County, dated February 13, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 23, 2004, the respondent's brief was served and filed on July 27, 2004, and the appellant's reply brief was served and filed on August 11, 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 September 1, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14913

L/

2004-04506 Howard Hunt, et al., respondents, v Flemming Graae, etc., appellant, Bennett Pallant, et al., defendants. (Index No.18752/01)

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 5, 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

M14924

L/

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

ANITA R. FLORIO

HOWARD MILLER, JJ.

2002-04536 Valerie Lunsford, et al., respondents, v Leprechaun Lines, Inc., et al., appellants, et al., defendants. (Index No. 5110/00)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated April 12, 2002.

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., ALTMAN, FLORIO and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14920

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-01689 Barbara Makrogiannis, etc., et al., Application to Withdraw Appeal appellants, v Jerome Luskin, etc., et al., respondents. (Index No. 24156/00)

DECISION & ORDER ON APPLICATION

Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 16, 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

M14933

CF/

2004-04210 Judy Mazzara, respondent, v County of Nassau, et al., defendants, Town of Oyster Bay, appellant. (Index No. 15568/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 1, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14878

M/nal

2004-06698 Daren W. McEvoy, appellant, v Dawnmarie McEvoy, respondent. (Index No. 22761/97)

SCHEDULING ORDER

Appeal by Daren W. McEvoy from an order of the Supreme Court, Suffolk County, dated July 13, 2004. 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 in the Supreme Court action 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

M14927

L/

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-06969 Kyle McMorrow, et al., plaintiffs-respondents, v Leon Melohn, et al., defendants, Paro Management Company, Inc., defendant third-party plaintiff-respondent; Greater New York Mutual Insurance Companies, et al., third-party defendants-appellants, Alvin Bluthman, third-party defendant- respondent. (Index No. 30220/01)

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, Kings County, dated June 12, 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.

SMITH, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14928

L/

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-09844 Kyle McMorrow, et al., plaintiffs-respondents, v Leon Melohn, et al., defendants, Paro Management Company, Inc., defendant third-party plaintiff-respondent; Alvin Bluthman, third-party defendant-appellant, et al., third-party defendants. (Index No. 30220/01)

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 2, 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.

SMITH, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14922

L/

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2002-04976 Gilbert Montalvo, et al., plaintiffs-appellants, v City of New York, defendant third-party plaintiff-respondent; Brooklyn Union Gas Company, et al., third-party defendants- appellants (and fourth and fifth party actions). (Index No. 10844/92)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants Brooklyn Union Gas Company , New York Paving, Inc., and Astoria and 110th Street Association, for leave to withdraw their respective appeals from an order of the Supreme Court, Queens County, dated April 16, 2002.

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 by Brooklyn Union Gas Company , New York Paving, Inc., and Astoria and 110th Street Association, are deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that on the court's own motion, the appeal by the plaintiffs-appellants Gilbert Montalvo and Linda Montalvo is dismissed as abandoned, without costs or disbursements (see 22 NYCRR 670.8[f]).

SMITH, J.P., S. MILLER, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14907

L/

2004-04685 Christina Palmiero, et al., respondents, v Fedei Topcuoglu, et al., appellants. (Index No. 12843/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 6, 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

M14911

L/

2004-02432 Allegra Achar Rajwan, respondent v Ezra Rajwan, appellant. (Index No. 25053/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 4, 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

M14912

L/

2004-04531 Allegra Achar Rajwan, respondent, v Ezra Rajwan, appellant. (Index No. 25053/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M14918

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-06175 Margaret Rebollal, appellant, v Pride Professional Center, LLC, respondent. (Index No. 5070/02)

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, Suffolk County, dated June 25, 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

M14906

L/

2004-03415 Jose Rodriguez, appellant, v Isaac Teitelbaum, respondent. (Index No. 2632/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated January 23, 2004.

Upon the stipulation of the parties, dated July 14, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14908

L/

2004-05447 Mauricio Scire-Banchitta, respondent, v Gan North American Insurance Company, et al., appellants. (Index No. 48685/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 26, 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

M14909

L/

2004-01516 Angel Sierra, et al., plaintiffs-respondents, v Joseph Rapuano, etc., et al., appellants, Wyckoff Heights Medical Center, defendant- respondent. (Index No. 7091/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 4, 2003.

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

M14929

L/

2004-04736 Angel Sierra, et al., respondents, v Joseph Rapuano, etc., et al., appellants, Wyckoff Heights Medical Center, defendant. (Index No. 7091/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 26, 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

M14904

L/

2004-02549 John Valenti, appellant, v Marilyn Valenti, respondent. (Index No. 12334/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 4, 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

M14921

L/

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2003-04667 Henry R. Weber, et al., plaintiffs-respondents, v Pathmark Stores, Inc., etc., defendant third-party plaintiff-respondent; d&d Elevator Maintenance, Inc., third-party defendant- appellant. (Index No. 23425/00)

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, Queens County, dated March 28, 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.

ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14917

L/

2004-03455 In the Matter of Atlantic Mutual Insurance Company, appellant, v Estate of Boh Traore, respondent. (Index No. 15176/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 22, 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

M14900

M/nal

2004-00777 In the Matter of Sheldon C. (Anonymous), appellant. (Docket No. D-16090/03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Queens County, dated January 5, 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 15, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14885

M/nal

2004-04847, 2004-06574, 2004-06576 In the Matter of Zoila Cronin, respondent, v Michael Cronin, appellant. (Docket No. F-324/02, V-01114-02)

SCHEDULING ORDER

Appeals by Michael Cronin from three orders of the Family Court, Richmond County, dated May 6, 2004, June 21, 2004, and July 12, 2004, respectively. 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 proceedings 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 they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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

M14895

M/nal

2004-02525 In the Matter of Robert D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Stephania D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Mary D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 3) In the Matter of Gilbert D. (Anonymous), Jr. Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 4) In the Matter of Tabitha D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 5) (Docket Nos. N-03052/03, N-03053/03, N-03054/03, N-03055/03, N-03056/03)

SCHEDULING ORDER

Appeal by Dutchess County Department of Social Services from an order of the Family Court, Dutchess County, dated March 4, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 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 respondents' time to serve and file their briefs on the appeal is enlarged until September 9, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14244

L/

In the Matter of the Dismissal of Causes for Failure to Perfect - Di July 2004 Calendar

DECISION & ORDER ON MOTION smissal for Failure to timely Perfect

The appellants or petitioners in the following named causes have failed to perfect their respective appeals or proceedings within the time limitations specified in subdivision (e) of sections 670.8 of the rules of this court (22 NYCRR 670.8[e]). The titles of the matters appeared on a dismissal calendar published in the New York Law Journal, and the appellants or petitioners failed to make applications to enlarge the time to perfect within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h) it is,

ORDERED that the following named causes are dismissed.

Docket No.Title

1999-07762People of State of New York v Delta Drugs, Inc.

2002-11119New York City Transit Authority v Hall

2003-00044Greater New York Mutual Insurance Company v Transcontinental Insurance

2003-00999Sterngass v Palisades Interstate Park Commission

2003-03584PNC Bank, N.A. v Sansotta

2003-06308Ingle v Ingle

2003-06697Hastie v Midway Nursing Home

2003-06763Johnson v New York City Transit Authority

2003-07005Shefa Unlimited, Inc. v Amsterdam & LeWinter

2003-07721Cafagno v Martin

2003-07756Gottlieb v Handler

2003-07900B.W.P. Distributors, Inc. v Jennick Auto Repair, Inc.

2003-07943Estate of Smith v Wendy's International, Inc.

2003-07944Estate of Smith v Wendy's International, Inc.

2003-08069Renna v Gullo

2003-08490Town of Wallkill v CM & Sons Trucking, Inc.

2003-08720Radwaner v Radwaner

2003-08842Schiavo v Handler

2003-08848Penna v Handler

2003-08864DeFranco v Lana

2003-08900D'Angelo v 1432 86th Street Realty Corp.

2003-09021Calle v Stein

2003-09030Cherubin v United States Tennis Association, Inc.

2003-09053Mount Sinai Hospital, a/a/o Morgan v Liberty Mutual Insurance Company

2003-09054Mount Sinai Hospital, a/a/o Morgan v Liberty Mutual Insurance Company

2003-09093People ex rel. Meng Ju Wu, a/k/a Wu, Mark v Mack

2003-09127Small v Pan

2003-09367Dorgan v Sunharbor Manor, LLC

2003-09416Zilberfein v Palmer Terrace Cooperative, Inc.

2003-09424Coussa v City of New York

2003-09449Clarin v Langer

2003-09466People ex rel. Sulton, Andre; Bertin, Arthertha; Bertin, Cornelius

2003-09504Heaven Gate Realty, Inc. v D'Eusanio

2003-09515DuMorne v Kemel-Pierre

2003-09558Buscemi v Costa

2003-09595Stuart, d/b/a Silver River Marina v Shoreville Boad Haulers, LTD

2003-09635Erlach v Singh

2003-09688Sommer v Astoria Talmud Torah Association

2003-09783Abraham v Abraham

2003-09784Legum v Cairo Custom Shirts, Inc.

2003-09795Bernacchia v Cytodyne Technologies, Inc.

2003-09807Matter of Paskali Construction v Trotta

2003-09826Aini v Lexington Insurance Company

2003-09840Matter of Morales v New York City Transit Authority

2003-09841Pierre v Metro Carts, Inc.

2003-09860Gelzinis v Corbin

2003-09863Parrinello v State of New York

2003-09864Parrinello v State of New York

2003-09894Hoag, a/k/a Agor v Agor

2003-09900Daikos v Pergament Home Centers, Inc.

2003-09919Matter of Little Joseph Realty, Inc. v Town Board of the Town of Babyl

2003-09935Matter of Estate of Margaret A. Capolino, Deceased

2003-09936Bashant v Mid-Westchester Realty Associates, L.L.C.

2003-09938Hayes v County of Suffolk

2003-09956Matter of Civil Service Employees Association, Inc. v Nassau County

2003-09959Nazarian v Nazarian

2003-09960Munoz v Cooper

2003-09961Gambella v The Great Atlantic & Pacific Tea Company, Inc.

2003-09966Matter of K. (Anonymous), Joseph

2003-09987Longwood Alliance, Inc. v New York State Department of Environmental

2003-09990Floyd v Sunskates, Inc.

2003-09994Davis v Hann Financial Services, Inc.

2003-10000Forman v City of New York

2003-10012Khan v 41-50 78th Street Corporation

2003-10016Monforte v North Shore University Hospital

2003-10021Seery v Mulholland

2003-10022Ford Motor Credit Company v Fraguela

2003-10042Strickland v Canada Dry Bottling Company of New York

2003-10049Singh v Atakhanian

2003-10061Wilson v Bryant

2003-10066Bajaj v Muniz

2003-10069Cherubin v United States Tennis Association, Inc.

2003-10089Gugliara v Legal Aid Society

2003-10091Gugliara v Miklor Auto Service

2003-10098Epps v Rutland Nursing Home Co., Inc.

2003-10113Grant v Dan-Holly Corporation

2003-10122Lamicela v City of New York

2003-10135Zucchi v Sackeim

2003-10147Zukowski v Zukowski

2003-10152Matter of Jamil v Village of Scarsdale Board of Appeals

2003-10162Delgado v Delgado

2003-10165Matter of Beach Haven Apartments, Inc. d/b/a Winston Hall v New York City

2003-10178Charter One Auto Finance Corporation v Fiorelli

2003-10179Ralls v Ralls

2003-10186Broda v The Ardsley Country Club, Inc.

2003-10189Saglik v Lee

2003-10190Matter of AYD Development, LLC v Aaron

2003-10217Bobay v Bridle Ridge Realty Corp.

2003-10234Matter of Forest Hills Care Center, LLC; Tropp, Zachary; Sidel, Shirle

2003-10233Hinsey v SP Massapequa LLC

2003-10235Matter of Marvin Wolfman, M.D.; Rockland County Department of Social

2003-10236Hinsey v SP Massapequa LLC

2003-10240Flandorffer v Flandorffer

2003-10243Joyce v McKenna Associates, Inc.

2003-10245Mancuso v Delfico

2003-10247Wettan v Long Island Jewish Medical Center

2003-10266F.J. Development Corp. v Harris

2003-10268Matter of Westwood Homes, Corp. v Town of Huntington

2003-10269DiBrizzi v Senlar Associates

2003-10276Witiuk v Bicjan

2003-10277Witiuk v Bicjan

2003-10278Witiuk v Bicjan

2003-10302Matter of Fiore v Bedford Construction, Corp.

2003-10307Norwest Bank Minnesota, N.A. v Brown

2003-10308Brooke v Brooke

2003-10309Godfry v Abraham

2003-10312Cajowski v Bromberg

2003-10314Faulkner v Williams

2003-10319Cuozzo v Knopp

2003-10322Maraia v Valentine

2003-10336Cestaro v Chin

2003-10338Johnson v New York City Health & Hospitals Corporation

2003-10337Fortune Limosine Service, Inc. v Nextel Communications

2003-10347Swing Staging, Inc. v Commercial Brick, Corp.

2003-10363Shi v Dimov

2003-10381Nigro v Nigro

2003-10390Schoendorf v Signs of Success, Ltd.

2003-10391OCI Mortgage Corporation, a/a/o Citibank, N.A. a/a/o Green Point Savings

2003-10395Matter of Lee, Deceased; Corbett

2003-10398Coppola v Coppola

2003-10399Matter of Pawling Lake Property Owner's Association; O'Connell

2003-10405Pilch v Board of Education of City of New York

2003-10407Bruccoleri v Vicky Simegiatos Dance Studios

2003-10416Rosario v City of New York

2003-10417Davis v Marcus Garvey Nursing Home

2003-10420Vazquez v Weiss

2003-10422Mendez v Nichols

2003-10424Croskey v Garrett

2003-10426Wilson v City of New York

2003-10445William J. Hofmann Agency, Inc. v Rando & Peslak, Attorneys At Law

2003-10457Citibank (S. Dakota) N.A. v Keough

2003-10465Pisciotta v Giacobbe

2003-10467Zaino v Atlantis Marine World

2003-10486Chernenko v Victory Memorial Hospital

2003-10492Guercio v City of New York

2003-10510Murray v T.W. Smith Corporation

2003-10512Yakubov v Yakubov

2003-10529Christ v Staten Island Care Center, LLC

2003-10535Tun v Aw

2003-10566DeBlasi v Magee

2003-10569Vieira, d/b/a Crispaul Improvements & Finishes v Caladia Corporation,

2003-10572Questech Financial, LLC v Gianopoulos

2003-10571Devine v County of Westchester

2003-10573Emigrant Savings Bank v Codella

2003-10582Parker v Richard Leasing Co., Inc.

2003-10585Matter of Atlantic Mutual Insurance Company v Lapa

2003-10590Pirrera v Pirrera

2003-10592Van Steenburg v State of New York

2003-10608Khalil v Morris

2003-10612Kikirova v Portal

2003-10623Matter of Gavilanes; Order Discharging of Record the Lien Claimed Upon

2003-10629Williams v Pierre-Louis

2003-10632Patterson v State of New York

2003-10657Lauriguet v Town of Riverhead

2003-10662Murphy v Moodie

2003-10664Esposito v Kumar

2003-10667Armstrong v Armstrong

2003-10671Woodley v Metropolitan Suburban Bus Authority

2003-10673Prozeller v Sunguroff

2003-10676Lang v Dachs

2003-10678Beinhorn v Beinhorn

2003-10684LaSalle National Bank v Durand

2003-10688Matter of Lazo-Cordoba v Incorporated Village of Hempstead

2003-1069210 Holder Apartments Corporation v Loshak

2003-10711Chase Manhattan Bank v Vebeliunas

2003-10714Capellini v Javid

2003-10718Mott v County of Orange

2003-10738Zagorski v CS Greene Street Holding, LP

2003-10739Guerra v City of New York

2003-10740Matter of Markowitz v Bloomberg

2003-10741McNamara v Two Brothers Bakery

2003-10742Martinez v Shorinjiryu Kenryukan Karate Headquarters, Ltd.

2003-10743Dabrowski v AHA General Construction, Inc.

2003-10746Muench v Muench

2003-10745Fitzpatrick v Matta

2003-10749Perrone v Boccasini

2003-10769Xanboo, Inc. v Ring

2003-10774Homeside Lending, Inc. V Bellamy

2003-10777Tambadou v Toro

2003-10779Elhilow & Maiocchi, LLP v Texcel.Net., Inc.

2003-10780Matter of White Plains Company, LLC v NYS Div. Of Housing and Renewal

2003-10793Matter of Bridge View Nursing Home, Inc. V Novello

2003-10798Migliacci v Migliacci

2003-10808James v City of New York

2003-10809Kosmetatos v Delarosa

2003-1081210 Holder Apartment Corporation v Loshak

2003-10818Zampino v Musso Properties, LLC

2003-10825Colon v Saltzman

2003-10831Tromello v Tromello

2003-10832Schlee v Ball

2003-10844Pryor v Salisbury Point Co-Operative, Inc.

2003-10854Stessel v Woolfoam Corporation

2003-10858Matter of Mondello v Nassau County Board of Elections

2003-10862Joseph v Metropolitan Suburban Bus Authority

2003-10865Grando v State University Construction Fund

2003-10870Gralnick v Lesser

2003-10874Moheban v Silber

2003-10898Pellegrino v Terry

2003-10899North Fork Bank v J.W.J. Uniform, Corp.

2003-10938Vallejos v Port Authority of New York & New Jersey

2003-10939Cespedes v Barker

2003-10942Prudential Home Mortgage Company, Inc. V Haynes

2003-10945Chase Manhattan Bank v Harrell

2003-10951Noble Drew Ali Plaza Tenants Association v Noble Drew Ali Plaza Housin

2003-10967Matter of Anger v Zoning Board of Appeals of the Village of Pomona

2003-10973Curiale v Curiale

2003-10974Recca v Beizer

2003-10976Betsy Meyer Associates, Inc. v Lorber

2003-11025Prime Time Holdings, LLC v U.S. Alliance Federal Credit Union

2003-11027Thomas v City of Mount Vernon

2003-11040Molina v Molina

2003-11042NYCTL 1998-1 Trust v Shahipour

2003-11046Maura v City of New York, Department of Transportation

2003-11056Matter of Castro; Caban

2003-11065Matter of Kerr v NYS Public Service Commissioner

2003-11071Matter of Daniel Daly, Deceased; Goldman, Robert E.; Mashomack Club

2003-11087Delage Landen Financial Services v Syndicate Trading, LLC

2003-11102Gregorio v J.M. Dennis Construction Company, Corp.

2003-11104Cervantes v Miller

2003-11108Matter of Lazarovic v Tepper

2003-11109Matter of McGowan v County of Nassau

2003-11120Kearns v Kearns

2003-11121Solomon v Integra Cabinet Corporation

2003-11132Matter of Doka v Doka

2003-11135Matter of Estate of Bernice T. Thompson, Deceased; Eschen & Frenkel, L

2003-11137Matter of Estate of Bernice T. Thompson, Deceased; Eschen & Frenkel, L

2003-11139Artis v Arbit

2003-11145Ruiz v Cacatian

2003-11146Matter of Progressive Insurance Company v Rozenberg

2003-11154Aponte v City of New York

2003-11155Krzyanowski v Eveready Insurance Company

2003-11158Matter of Avenue K Associates v Commissioner of Finance

2003-11169Brown v City of New York

2003-11176HSBC Bank USA, Inc. v Montana Time & Novelty, Inc.

2003-11177Saint-Jour v Mighten

2003-11181Korsinsky v Reiss

2003-11186Waugh v New York City Transit Authority

2003-11204Delage Landen Financial Services v Syndicate Trading, LLC

2003-11211Matter of Heffernan v Planning Board of the Town of Washington

2003-11212Matter of Jackelow v Town of Orangetown Zoning Board of Appeals

2003-11224Farhi v Farhi

2003-11230Bakis v Levitin

2003-11233Matter of Mondello v Nassau County Board of Elections

2003-11237Atwater v DiPasquale

2003-11285Sanchez v Heinchon Daires

2003-11286Sanchez v Heinchon Daires

2003-11290Martin v Bilello

2003-11291Black-Kelly v Marley

2003-11297Pirrera v Pirrera

2003-11308Matter of Weitzman v County of Suffolk Department of Health Services

2003-11317Matter of Palmiotto, Michael F.; Estate of Michael B. Palmiotto

2003-11337Friedlander v Astoria Federal Mortgage Corp.

2003-11339Calderon v Solid Transit, Inc.

2003-11338Paiva v Chrysler Financial

2003-11347Esposito v Soroka

2003-11358Matter of O'Hagan v City of New York

2003-11359Rakhsha v Brooklyn Installation, Inc.

2003-11363Silverman v City of New York

2003-11390Kandic v Francis

2003-11392Meister v Silverberg

2003-11396Hedaya Home Fashions, Inc. v American Mororists Insurance Conmpany

2003-11401Guo Quan Cao v Beaumont Associates

2003-11402John John, LLC v LaValle

2003-11416Schifflin v Town of Hempstead

2003-11418Tart v County of Nassau

2003-11419M&T Mortgage Corporation v Evans

2003-11423Matter of Chappelle v Goord

2003-11427Raitano v Columbia Development

2003-11431Raitano v Columbia Development

2003-11433Gorecki v Columbia Development, Corp.

2003-11440P.T.R. Co. V Teitelbaum

2003-11444Gorecki v Columbia Development, Corp.

2003-11449Gorecki v Crecco

2003-11452Doe v County of Westchester

2003-11456OH v Food World Specialty Supermarket

2003-11457Minsky v Rumsey

2003-11458Garcia v 201 East 23rd Street, LLC

2003-11460Matter of Lupoli, an Incapacitated Person

2004-00003Singh v Rodriguez

2004-00013Diaz v Alexander's Rego Park Center, Inc.

2004-00029Malley v Chase

2004-00033Longwood Alliance, Inc. V New York State Department of Environmental C

2004-00034Matter of Granite State Insurance Company v Bailey

2004-00054Morgera v McLeod

2004-00065Marte v Brooklyn Hospital Center

2004-00066Gross v Anthony Viola Realty

2004-00067Stefanowicz v Ernest Shisha Agency Ltd.

2004-00071Tillman v Cutlass Cab Corporation

2004-00082McKiernan v McKiernan

2004-00088Cardenas v Shook

2004-00105Sierra v Nguyen

2004-00143Oligario v City of New York

2004-00156Matter of Powell v Travis

2004-00162Nanuet Diner Corporation v Spitzer

2004-00163Indig v Waldman

2004-00175Matter of Antaki v Town of Mount Pleasant

2004-00182Flores v Malone

2004-00188Rohr v Powder

2004-00210Alexander Avenue Kosher Restaurant, Corp. v Dragoon

2004-00211Brace v State of New York

2004-00240M & T Credit Corporation v Syndicate Trading, LLC

2004-00254Reid v State of New York

2004-00280Matter of GE Property & Casualty Company, f/k/a Colonial Penn Insuranc

2004-00287Vaval v Brooklyn Properties 6, LLC

2004-00293Apex Relocation Services, Ltd. V Fishman

2004-00308Perretti v City of New York

2004-00362Jamil v Golden National Mortgage Banking Corporation

2004-00474Iovino v Federated Department Stores, Inc.

2004-00567Whitfield v Scruggs

2004-00604Matter of Manz Realty Corp. v New York State Division of Housing & Com

2004-00697Marchese v Friedman

2004-01029Martin v State of New York

2004-01104Kravets v State Lafayette Company

2004-01143Indymac Mortgage Holdings, Inc. v Youngkyu

2004-01144Indymac Mortgage Holdings, Inc. v Youngkyu

2004-01396Citibank, N.A. v Clarke

2004-01402Schefren v Strathmore Vanderbilt Country Club of Manhasset, Inc.

2004-01684Matter of Abdul-Latif v Phillips

2004-01767Matter of Republic National Bank; Frederick R. Cruikshank, Deceased

2004-01769Matter of Republic National Bank; Frederick R. Cruikshank, Deceased

2004-02176Wells Fargo Minnesota, N.A. v Scarpinito

2003-09148CNR Health Care Network, Inc. v 86 Lefferts Corporation

2003-09507Shneyderman v Ljutic

2003-09629Tropp v Lumer

2003-10017You Yi Yin v Meng

2003-0996755 Monroe Boulevard Owners Corp. V Highland Insurance Company

2003-10353Molyneux v Mondrow

2003-09598Matter of Great Neck Water Pollution Control District v State of New York

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14903

M/nal

2004-00443 In the Matter of Christopher D. Gonzalez, respondent, v Marya Gonzalez, appellant. (Docket Nos. V-03259/99, V-03260/03)

SCHEDULING ORDER

Appeal by Marya Gonzalez from an order of the Family Court, Westchester County, dated December 18, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 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 within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M14897

M/nal

2004-01993 In the Matter of Rory H. (Anonymous), appellant, v Mary M. (Anonymous), respondent. (Docket Nos. V-03549-03, V-04323-03)

SCHEDULING ORDER

Appeal by Rory H. from an order of the Family Court, Queens County, dated December 23, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 6, 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

M14891

M/nal

2003-04554 In the Matter of Luz Ingravera, respondent, v Marvin Goss, appellant. (Docket No. P-6843-00)

SCHEDULING ORDER

Appeal by Marvin Goss from an order of the Family Court, Kings County, dated December 23, 2002. The appellant's brief was filed in the office of the Clerk of this court on August 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 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

M14788

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2003-00481, 2003-00483 In the Matter of Nicole Knight, petitioner-respondent, v Christopher Griffith, et al., respondents-appellants; Majorie Steinberg, Law Guardian-respondent. (Docket Nos. V-09410-02, V-16275-02)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent for leave to defend appeals from two orders of the Family Court, Kings County, both dated November 22, 2002, as a poor person and for the assignment of counsel.

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

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

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the petitioner-respondent to defend the appeals:

Mona G. Freeman, Esq.

34-05 44th Street - No. 6G

Long Island City, New York 11101

(718) 937-1656

and it is further,

 ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14902

M/nal

2003-04600 In the Matter of Patricia Lee, appellant, v Gregory Lee, respondent. (Docket No. F-2375-02)

SCHEDULING ORDER

Appeal by Patricia Lee from an order of the Family Court, Queens County, dated April 28, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 6, 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

M14890

M/nal

2003-10041 In the Matter of Raymond M. (Anonymous). Orange County Department of Social Services, respondent; Benjamin M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Samantha M. (Anonymous). Orange County Department of Social Services, respondent; Benjamin M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Tiffany M. (Anonymous). Orange County Department of Social Services, respondent; Benjamin M. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. NA-2487-03, NN-2488-03, NN-2489-03)

SCHEDULING ORDER

Appeal by Benjamin M. from an order of the Family Court, Orange County, dated October 21, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 25, 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 29, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14888

M/nal

2004-04669 In the Matter of Benjamin Madden, appellant, v Orange County Department of Social Services, respondent. (Docket Nos. N-2487-03, N-2489-03)

SCHEDULING ORDER

Appeal by Benjamin Madden from an order of the Family Court, Orange County, dated May 10, 2004. By decision and order of this court dated August 10, 2004, the following attorney was assigned as counsel on the appeal:

Neal Futerfas, Esq.

50 Main Street

White Plains, New York 10606

(914) 682-2171

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 August 10, 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

M14901

M/nal

2004-04099 In the Matter of Gigi M. Marino, respondent, v Thomas D. Marino, appellant. (Docket No. O-01861-04)

SCHEDULING ORDER

Appeal by Thomas D. Marino from an order of the Family Court, Suffolk County, dated April 7, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 6, 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

M14896

M/nal

2004-03887, 2004-03889, 2004-03891, 2004-05919, 2004-05920, 2004-05921 In the Matter of Gia Melikishvili, respondent, v Ketevan Grigolava, appellant. (Docket Nos. V-04251-01, V-14040-99)

SCHEDULING ORDER

Appeals by Ketevan Grigolava from six orders the Family Court, Queens County, three dated April 2, 2004, and three dated June 25, 2004. By decision and order of this court dated August 9, 2004, the following attorney was assigned as counsel on the appeals:

Yasmin Daley-Duncan, Esq.

218 Smith Street

Brooklyn, New York 11201

(718) 284-3575

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 August 9, 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

M14093

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-03428 In the Matter of Kenneth Moreno, respondent, v Maria Cruz, appellant. (Docket No. V-9793-99)

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 18, 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:

Salvatore C. Adamo, Esq.

PMB 40

350 Fifth Avenue

New York, New York 10118-0069

(212) 964-7983

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., SCHMIDT, ADAMS, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14787

M/nal

2004-00790 In the Matter of Pinches Ostreicher, appellant, v Florence Pollack, respondent. (Docket Nos. V-09791/01, V-0448/02)

SCHEDULING ORDER

Appeal by Pinches Ostreicher from an order of the Family Court, Kings County, dated December 30, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 30, 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 respondent and the law guardian to serve and file their briefs on the appeal is enlarged until September 21, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14181

F/

DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-01530, 2004-04455 In the Matter of George Palm, respondent, v Josephine Palm, appellant. (Docket Nos. V-4630-03, V-4631-03, V-4643-03, V-4644-03)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the Law Guardian to be relieved of an assignment to represent the children on appeals from two orders of the Family Court, Orange County, dated January 8, 2004, and January 16, 2004, respectively.

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

ORDERED that the motion is granted, and the Law Guardian, Kim Pavlovic, Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

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

Gary E. Eisenberg, Esq.

129 Brooks Avenue

Monroe, New York 10950

(914) 782-6715

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14899

M/nal

2003-10811 In the Matter of Cindy Sarah R. (Anonymous). Administration for Children's Services, respondent; Daisy R. (Anonymous), a/k/a Daisy L. (Anonymous), appellant. (Docket No. B-3854/02)

SCHEDULING ORDER

Appeal by Daisy R., a/k/a Daisy L. from an order of the Family Court, Richmond County, dated November 6, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 28, 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 respondent and the law guardian to serve and file their briefs on the appeal is enlarged until September 15, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14898

M/nal

2003-10642 In the Matter of Alba Lucia Ring, respondent- appellant, v John D. Ring, appellant-respondent. (Docket No. V-15385/01)

SCHEDULING ORDER

Appeal and cross appeal from an order of the Family Court, Queens County, dated October 29, 2003. The brief of the appellant-respondent was filed in the office of the Clerk of this court on June 28, 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 respondent-appellant and the law guardian to serve and file their briefs on the appeal is enlarged until September 15, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14889

M/nal

2003-11218 In the Matter of Aaron S. (Anonymous). Orange County Department of Social Services, respondent; Hector V. (Anonymous), appellant. (Docket No. B-7051/02)

SCHEDULING ORDER

Appeal by Hector V. from an order of the Family Court, Orange County, dated October 7, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 11, 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 briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M14887

M/nal

2003-09317, 2003-09319 In the Matter of Mahdu S. (Anonymous), appellant, v Taijwatie S. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Amitra S. (Anonymous). Administration for Children's Services, petitioner-respondent; Mahdu S. (Anonymous), appellant; Taijwatie S. (Anonymous), respondent-respondent. (Proceeding No. 2) In the Matter of Elisa S. (Anonymous). Administration for Children's Services, petitioner-respondent; Mahdu S. (Anonymous), appellant; Taijwatie S. (Anonymous), respondent-respondent. (Proceeding No. 3) In the Matter of Vikram S. (Anonymous). Administration for Children's Services, petitioner-respondent; Mahdu S. (Anonymous), appellant; Taijwatie S. (Anonymous), respondent-respondent. (Proceeding No. 4) (Docket Nos. V-13560/01, V-13561/01, V-6831/03, N-16139-01, N-16140/01, N-16141/01, O-13301/01)

SCHEDULING ORDER

Appeals by Mahdu S. from two orders of the Family Court, Kings County, both dated October 22, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 12, 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 briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M14894

M/nal

2004-04671 In the Matter of Katarzyna Sacharczuk, respondent, v Brendon Holder, appellant. (Docket No. F-01169-01)

SCHEDULING ORDER

Appeal by Brendon Holder from an order of the Family Court, Orange County, dated April 29, 2004. By decision and order of this court dated August 9, 2004, the following attorney was assigned as counsel on the appeal:

Richard Herzfeld, Esq.

555 5th Avenue - 14th Floor

New York, New York 10007

(212) 818-9019

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 August 9, 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

M14892

M/nal

2004-05503 In the Matter of Sharon Sitzer, appellant, v Gary Fay, respondent. (Docket No. V-1607-93)

ORDER TO SHOW CAUSE

Appeal by Sharon Sitzer from an order of the Family Court, Suffolk County, dated May 20, 2004. By scheduling order dated July 6, 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 July 6, 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 September 1, 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

M14923

CF/

2004-05955 In the Matter of Deryck Sue-Ho, appellant, v Ruth Brito-Vargas, respondent. (Docket Nos. V-10147-03, V-11989-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from two orders of the Supreme Court, Kings County, dated July 1, 2004 and July 12, 2004.

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

ORDERED that the application is granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14882

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, the brief of the appellant Macee P. was filed on June 14, 2004, and the law guardian's briefs were filed on August 6, 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 appeals is enlarged until August 31, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14883

M/nal

2003-10222, 2003-10223 In the Matter of Susan Winkler, appellant, v Michael Nussenblatt, respondent. (Docket No. F-01661/02)

SCHEDULING ORDER

Appeals by Susan Winkler from two orders of the Family Court, Queens County, both dated September 23, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 6, 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

M14931

C/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2000-09963 The People, etc., respondent, v Jermaine Archer, appellant. (Ind. No. 2893/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 12, 2000.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14867

F/

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-06002 The People, etc., respondent, v Jonathan Arocho, appellant. (Ind. No. 03-01046)

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, Westchester County, rendered June 7, 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:

Evelyn K. Isaac, Esq.

175 Main Street

White Plains, New York 10601

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

11-10 127th Street

College Point, New York 11356

Appellate Division: Second Judicial Department

M14876

F/

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-06003 The People, etc., respondent, v Marvin Coles, appellant. (Ind. No. 00-00995)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered October 24, 2000.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14872

F/

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT F. LIFSON, JJ.

2004-04913 The People, etc., respondent, v Hollis Daniel, appellant. (Ind. No. 1303/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered May 12, 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 relation thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14458

S/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-06900, 2004-05254 The People, etc., respondent, v Efraim Diaz, appellant. (Ind. No. 3169/01)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal From Order Denying Motion to Vacate Judgment

Motion by the defendant to consolidate appeals from a judgment of the Supreme Court, Queens County, rendered July 28, 2003, with an appeal from an order of the same court dated June 8, 2004, and, in effect, for leave to prosecute the appeal from the order dated June 8, 2004, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition or 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 hearing on the motion, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of the proceeding 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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.

SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03-A-4207

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M14456

S/sl

STEVEN W. FISHER, J.

2004-05254 The People, etc., respondent, v Efraim Diaz, appellant. (Ind. No. 3169/01)

DECISION, ORDER & CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated June 8, 2004, which has been referred to me for determination.

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

ORDERED that the application is granted; the defendant is granted leave to appeal from the order of the Supreme Court, Queens County, dated June 8, 2004, made in this case; and it is further,

CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,

ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.

STEVEN W. FISHER

Associate Justice

Appellate Division: Second Judicial Department

M14910

L/

2004-01004 The People, etc., respondent, v James Garcia, appellant. (Ind. No. 6645/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Kings County, rendered January 26, 2004.

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

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14875

F/

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT F. LIFSON, JJ.

2004-00225 The People, etc., respondent, v Leonard Gliatta, appellant. (Ind. No. 99-00345)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Orange County, rendered December 17, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14871

F/

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT F. LIFSON, JJ.

2002-06961 The People, etc., respondent, v Hancy Maxis, appellant. (Ind. No. 6277/01)

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

Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Kings County, rendered May 21, 2002, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.

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 that branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,

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

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

ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

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

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the Trial Court is directed to reproduce a copy thereof for retained counsel; and it is further,

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

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

Robert Didio, Esq.

80-02 Kew Gardens Road - Third Floor

Kew Gardens, New York 11415

Appellate Division: Second Judicial Department

M14869

F/

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT F. LIFSON, JJ.

2004-06030 The People, etc., respondent, v Saul Nixon, appellant. (Ind. No. 11237/01)

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

Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Queens County, rendered November 7, 2002, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.

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

ORDERED that that branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,

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

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

ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

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

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the Trial Court is directed to reproduce a copy thereof for retained counsel; and it is further,

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

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

Alireza Dilmaghani, Esq.

Furman Law Firm of New York

P.O. Box 1144 - Madison Square Station

New York, New York 10159-1144

Appellate Division: Second Judicial Department

M14866

F/

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-05518 The People, etc., respondent, v Ramon Ramirez, appellant. (Ind. No. 02-00875)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered February 3, 2003, 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:

George M. Groglio, Esq.

219 Westchester Avenue - Suite 300

Port Chester, New York 10573

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 3141

Attica Corr. Fac.

Box 149

Attica, New York 14011

Appellate Division: Second Judicial Department

M14874

F/

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT F. LIFSON, JJ.

2004-01647 The People, etc., respondent, v Sean Redding, appellant. (Ind. No. 7892/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered January 14, 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 relation thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M14390

F/

THOMAS A. ADAMS, J.

2004-04958 The People, etc., plaintiff, v DaShaun Reed, defendant. (Ind. No. 2156/97)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated January 12, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

THOMAS A. ADAMS

Associate Justice

Appellate Division: Second Judicial Department

M14676

F/

NANCY E. SMITH, J.

2004-04953 The People, etc., plaintiff, v Philip Robinson, defendant. (Ind. No. 301/93)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Richmond County, dated May 4, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

NANCY E. SMITH

Associate Justice

Appellate Division: Second Judicial Department

M14873

F/

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT F. LIFSON, JJ.

2004-06007 The People, etc., respondent, v Robert Scheck, appellant. (Ind. No. 03-00839)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered June 30, 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 relation thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14877

F/

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT F. LIFSON, JJ.

2004-05962 The People, etc., plaintiff, v Robin Swope, defendant. (Ind. No. 1323/03)

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

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered February 6, 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 relation 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

Appellant's Address:

04 G 0180

Bedford Hills Corr. Fac.

Box 1000

Bedford Hills, New York 10507

Appellate Division : Second Judicial Department

M14373

F/

THOMAS A. ADAMS, J.

2004-05446 The People, etc., plaintiff, v Jay Anthony Taylor, defendant. (Ind. No. 5799/86)

DECISION & ORDER ON APPLICATION

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

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

ORDERED that the application is denied.

THOMAS A. ADAMS

Associate Justice