Appellate Division: Second Judicial Department

M14987

S/sl

2004-04579 Bank One National Association, appellant- respondent, v Stephanie Singer, et al., respondents-appellants, et al., defendants. (Index No. 12487/03)

ORDER ON APPLICATION

Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated March 24, 2004.

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

ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before September 20, 2004 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14959

PL/sl

2003-11200 Fred Capestany, appellant, v C&S Properties, L.P., et al., respondents. (Index No. 3502/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated November 10, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before August 23, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14962

PL/sl

2003-10242 Chion Enterprises of Dix Hills, Inc., respondent, v Henrijean, S.A., et al., defendants, Wells Fargo Alarm Services, etc., appellant. (Index No. 17484/97)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated September 29, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 30, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14977

Y/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-05125 Tania Cuzo, appellant, v Roman Kuzmicki, et al., respondents. (Index No. 30398/00)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated April 20, 2004, on the ground that no appeal lies from an order denying a motion for leave to reargue.

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

ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements (see Spencer v Schwarzman, LLC, 309 AD2d 852).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14972

CF/

2004-06222 William Diaz, et al., plaintiffs-respondents, v Philip Morris Companies, Inc., defendant third-party plaintiff-respondent; Excel Interior Construction Corp., third-party defendant fourth-party plaintiff-appellant; H. Freund Woodworking Co., Inc., fourth-party defendant- respondent. (Index Nos. 3820/01, 350711/01)

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 10, 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

M14975

Y/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-05605 Richard Dubi, etc., et al., appellants, v Jericho Fire District, et al., respondents. (Index No. 13610/01)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 3, 2004, on the ground that no appeal lies from an order denying a motion for leave to reargue.

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

ORDERED that the motion is denied without prejudice to the respondents raising the issue in their brief.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15018

S/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-04183 Michael Duffy, et al., appellants, v Christa St. Germian, respondent. (Index No. 1492/03)

DECISION & ORDER ON MOTION

Appeal by the plaintiffs from an order of the Supreme Court, Dutchess County, dated April 29, 2004. By decision and order on motion dated June 2, 2004, this court stayed enforcement of the order dated April 29, 2004, on condition, inter alia, that the appeal was perfected by July 6, 2004. The appeal has not been perfected.

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

ORDERED that the stay granted by the decision and order on motion dated June 2, 2004, is vacated forthwith.

PRUDENTI, P.J., FLORIO, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14947

C/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

THOMAS A. ADAMS

ROBERT A. LIFSON, JJ.

2004-01140 Shahzad Faisal, appellant, v Ronald Mayronne, et al., respondents. (Index No. 9876/01)

DECISION & ORDER ON MOTION

Motion by Jacoby & Meyers, the attorney for the appellant, for leave to withdraw as counsel on an appeal from a judgment of the Supreme Court, Kings County, entered December 22, 2002.

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 Jacoby & Meyers is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before September 8, 2004, Jacoby & Meyers is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that no further proceedings shall be taken against the appellant, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order; and it is further,

 ORDERED that the appellant's time to perfect the appeal is enlarged until October 8, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14971

PL/sl

2004-01587 Vincent Ferri, et al., appellants, v Charles Glassman, etc., et al., respondents, et al., defendants. (Index No. 2136/00)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Rockland County, dated January 14, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 18, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14986

CF/

2004-03620 Raina Fortini, appellant, v William Wisker, et al., respondents. (Index No. 7074/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 2, 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

M14974

CF/

2004-02682 Floresse Gardenhire, respondent, v John C. Gardenhire, appellant. (Index No. 15441/94)

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 January 14, 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

Supreme Court of the State of New York

Appellate Division: Second Judicial DepartmentM9301

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2002-11108, 2003-03533 Linda Isaacson, et al., plaintiffs-respondents, v Philip Neuman, et al., defendants-respondents, Patricia L. Fischer, appellant. (Appeal No. 1) Linda Isaacson, et al., respondents, v Philip Neuman, et al., appellants, et al., defendants. (Appeal No. 2) (Index No. 8883/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by Patricia L. Fisher, an appellant in Appeal Nos. 1 and 2, for leave to withdraw appeals from two orders of the Supreme Court, Nassau County, dated November 19, 2002, and March 18, 2003, respectively.

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 by Patricia L. Fisher, are deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that on the court's own motion, the appeal by Philip Neuman, Clara Neuman, Nava Ramek, Joseph Ramek, 250 Ocean Avenue Associates, Inc., 250 Ocean Avenue Associates, LLC, Land Rock Realty, Inc., Versailles at Nanuet, LLC, Pinnacle Development, LLC, Remington Contracting, Inc., Nanuet Group, LLC, E & M Associates, LLC, and Edwards T. Gannon, P.L.S., from the order dated March 18, 2003, is dismissed as abandoned (see 22 NYCRR 670.8[f]).

SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14989

CF/

2004-03477 Joseph Thomas Itzkowitz, et al., respondents, v King Kullen Grocery Co., Inc., appellant. (Index No. 5086/98)

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 January 30, 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

M15008

A/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

THOMAS A. ADAMS

ROBERT A. LIFSON, JJ.

2004-00585 Robin Jaffe, et al., appellants, v Kanwar Singh Rauhila, et al., defendants, Michael L. Hoffman, respondent. (Index No. 25448/94)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 17, 2003.

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

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

ORDERED that the appellants' time to perfect the appeal is enlarged until October 19, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14981

S/sl

2003-11378 Mohani Jaikaran, appellant, v Abraham Marin, a/k/a Jack Marin, a/k/a Andrew Marin, respondent. (Index No. 22903/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated November 13, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 22, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14992

CF/

2004-05268 Roslinda Laudisio, appellant, v Steven Liberto, respondent. (Index No. 18874/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated May 25, 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

M14998

CF/

2004-02092 Anthony Lomonaco, respondent-appellant, v Lisa Lomonaco, appellant-respondent. (Index No. 16239/97)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Suffolk County, dated February 23, 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 cross appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14984

S/sl

2004-02341 Carolyn Medina, et al., appellants, v Michael Jude Crespo, et al., respondents. (Index No. 3356/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated December 15, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 10, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14982

S/sl

2003-11333 Daniel Papa, appellant, v Robert E. Sarnataro, respondent. (Index No. 20035/97)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, dated April 14, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 22, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14969

PL/sl

2004-02903, 2004-04071 Marline Penafiel, et al., respondents, v Lieb Puretz, et al., appellants, et al., defendants. (Index No. 4284/98)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated March 1, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before August 23, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15009

O/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

THOMAS A. ADAMS

ROBERT A. LIFSON, JJ.

2004-03881, 2004-03882 Russell J. Schiff, respondent, v Ann Marie Schiff, appellant. (Index No. 23839/00)

DECISION & ORDER ON MOTION

Appeals by Ann Marie Schiff from a judgment of the Supreme Court, Suffolk County, and an order of the same court, both dated March 10, 2004. By order to show cause dated July 7, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled actions for failure to comply with a scheduling order dated May 25, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).

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

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

ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated May 25, 2004, is amended to provide that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeals is enlarged until October 19, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14973

CF/

2004-01293 Daniel Shoemaker, et al., respondents, v Ottaway Newspapers, Inc., et al., appellants. (Index No. 4516/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated December 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

M15015

Y/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

THOMAS A. ADAMS

REINALDO E. RIVERA, JJ.

2004-06263 David Silberzweig, respondent, v Eileen Carr, appellant. (Index No. 22761/97)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated May 27, 2004, in effect, for leave to reargue a motion to stay enforcement of stated portions of the order which was determined by decision and order on motion of this court dated August 4, 2004.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14983

CF/

2004-04353 Diane Sobczak, respondent, v Great Atlantic & Pacific Tea Company, Inc., a/k/a A&P, et al., appellants. (Index No. 209/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 4, 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

M15019

S/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

HOWARD MILLER

GLORIA GOLDSTEIN, JJ.

2003-04769 Elena Sokol, respondent, v American Medical Response of New York, et al., appellants. (Index No. 51145/02)

DECISION & ORDER ON MOTION

Appeal by the defendants from an order of the Supreme Court, Kings County, dated April 22, 2003. By decision and order on motion of this court dated May 13, 2004, the appellants were directed to delete or remove certain material from their appendix and brief by May 27, 2004. The appellants have not complied with that directive.

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated May 13, 2004.

PRUDENTI, P.J., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13627

M/nal

2004-04135 In the Matter of Christly A. (Anonymous), appellant. (Docket Nos. D-025794-03, D-032424-03, D-05823-04)

SCHEDULING ORDER

Appeal by Christly A. from an order of the Family Court, Kings County, dated April 21, 2004. By decision and order of this court dated June 30, 2004, the following attorney was assigned as counsel on the appeal:

David Laniado, Esq.

189 Montague Street - Suite 303

Brooklyn, New York 11201

(718) 246-9444

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 June 30, 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

M14994

S/sl

2004-00969 In the Matter of Bayswater Gracewood, LLC, appellant, v Planning Board of Incorporated Village of North Hills, et al., respondents. (Index No. 11485/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, dated October 22, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 27, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14993

M/nal

2003-02538 In the Matter of Theresa DeSanctis, respondent, v Vincent Macaluso, appellant. (Docket No. P-631-87)

ORDER TO SHOW CAUSE

Appeal by Vincent Macaluso from an order of the Family Court, Richmond County, dated February 28, 2003. By scheduling order dated April 9, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated April 9, 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 3, 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

M14996

M/nal

2003-04556 In the Matter of Starcy G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; James G. (Anonymous), appellant; Joy-Ann G. (Anonymous), respondent-respondent. (Docket Nos. N-8564-02, N-8565-02)

SCHEDULING ORDER

Appeal by James G. from an order of the Family Court, Suffolk County, dated April 17, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 27, 2004. The respondent's brief was served and filed 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 law guardian's time to serve and file a brief on the appeal is enlarged until September 3, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15016

S/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

BARRY A. COZIER, JJ.

2004-02522, 2004-02524 In the Matter of Shondel Jackson, respondent, v Mark DeSouza, appellant. (Docket No. P-06630/00)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to perfect appeals from two orders of the Family Court, Kings County, dated October 20, 2003, and February 16, 2004, respectively.

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

ORDERED that the application is granted and the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeals is enlarged until October 4, 2004; and it is further,

ORDERED that no further enlargements of time shall be granted.

PRUDENTI, P.J., RITTER, KRAUSMAN and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14999

M/nal

2003-00481, 2003-00483 In the Matter of Nicole Knight, et al., respondents, v Christopher Griffith, appellant. (Proceeding No. 1) (Docket No. V-09410-02) In the Matter of Nicole Knight, et al., respondents, v Cheryl D. Griffith, appellant. (Proceeding No. 2) (Docket No. V-16275-02)

SCHEDULING ORDER

Separate appeals by Christopher Griffith and Cheryl Griffith from two orders of the Family Court, Kings County, both dated November 22, 2002. The brief on behalf of the appellant Christopher Griffin was served and filed on April 27, 2004, and brief on behalf of the appellant Cheryl Griffith was served and filed on May 25, 2004. By decision and order of this court dated August 16, 2004, the following attorney was assigned to represent the petitioner-respondent on the appeals:

Mona G. Freeman, Esq.

34-05 44th Street - No. 6G

Long Island City, New York 11101

(718) 937-1656

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 petitioner-respondent and the law guardian to serve and file their briefs on the appeals is enlarged until September 16, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14988

CF/

2004-03750 In the Matter of Liberty Mutual Insurance Company, appellant, v Brian P. Hodgkinson, et al., respondents. (Index No. 4523/03)

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 February 26, 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

M14980

M/nal

2004-00637, 2004-00638, 2004-00639, 2004-00640, 2004-00641, 2004-00642 In the Matter of Jahmeek Winston P. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Oniqua Patrice P. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Shantonia Nicole A. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Ohmarnie Mary P. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Nastazia Delores P. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Jahnia Patreka P. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. B-2087/02, B-03853/01, B-03854/01, B-03855/01, B-03856/01, B-03857/01)

SCHEDULING ORDER

Appeals by Patricia P. from six orders of the Family Court, Kings County, all dated December 8, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 16, 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

M14985

M/nal

2003-00493 In the Matter of Anthony R. (Anonymous). Elliot R. (Anonymous), et al., respondents; Monica Drinane, nonparty-appellant. (Docket No. N-5128-94)

SCHEDULING ORDER

Appeal by the Law Guardian for the child from an order of the Family Court, Kings County, dated November 21, 2002. The appellant's brief was filed in the office of the Clerk of this court on June 18, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent Administration for Children's Services to serve and file a brief on the appeal is enlarged until September 15, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14995

M/nal

2003-08628 In the Matter of Michael Rivera, appellant, v Administration for Children's Services, respondent. (Docket No. V-03287-02/03B, V-03287-03)

SCHEDULING ORDER

Appeal by Michael Rivera from an order of the Family Court, Richmond County, dated September 10, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 24, 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 13, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15039

S/nl

DAVID S. RITTER, J.P.

HOWARD MILLER

SONDRA MILLER

ROBERT A. SPOLZINO, JJ.

2004-07082, 2004-07083 In the Matter of Samuel Sloan, appellant, v Nero Graham, et al., respondents. (Docket No. 25231/04)

DECISION & ORDER ON MOTION

Motion by the appellant to waive the filing fee on appeals from two orders of the Supreme Court, Kings County, dated August 10, 2004, and August 11, 2004, respectively.

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

ORDERED that the motion is granted and payment of the filing fee is waived.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15041

S/nl

DAVID S. RITTER, J.P.

HOWARD MILLER

SONDRA MILLER

ROBERT A. SPOLZINO, JJ.

2004-07081 In the Matter of Samuel Sloan, appellant, v Charles Knapp, et al., respondents. (Docket No. 252301/04)

DECISION & ORDER ON MOTION

Motion by the appellant to waive the filing fee on an appeal from an order of the Supreme Court, Kings County, dated August 10, 2004.

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

ORDERED that the motion is granted and payment of the filing fee is waived.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14674

F/

ANITA R. FLORIO, J.

2004-00317 The People, etc., plaintiff, v Peter Anekwe, defendant. (Ind. No. 1562/82)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated November 26, 2003, 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.

ANITA R. FLORIO

Associate Justice

Appellate Division: Second Judicial Department

M15006

K/sl

ANITA R. FLORIO, J.

2004-03522 The People, etc., plaintiff, v Michael Black, defendant. (Ind. No. 329/93)

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 March 15, 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.

ANITA R. FLORIO

Associate Justice

Appellate Division: Second Judicial Department

M15004

K/sl

ANITA R. FLORIO, J.

2004-01843 The People, etc., plaintiff, v Oral Eastman, defendant. (Ind. No. 0302/92)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated January 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 denied.

ANITA R. FLORIO

Associate Justice

Appellate Division: Second Judicial Department

M14673

F/

ANITA R. FLORIO, J.

2004-02084 The People, etc., plaintiff, v Gary J. Felder, defendant. (Ind. No. 2138/93)

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, Queens County, dated January 15, 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.

ANITA R. FLORIO

Associate Justice

Appellate Division: Second Judicial Department

M15011

S/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

SONDRA MILLER

ROBERT A. SPOLZINO, JJ.

2004-04112, 2004-04113 The People, etc., respondent, v James Fricchione, appellant. (Ind. Nos. 03-00403, 03-00740)

DECISION & ORDER ON APPLICATION

Appeal by James Fricchione from two judgments of the County Court, Orange County, both rendered April 22, 2004. By decision and order on motion of this court dated June 1, 2004, the appellant's motion to stay execution of the judgments was granted on condition, inter alia, that appellant not leave the State of New York without prior notice to the District Attorney of Orange County and without obtaining in advance the permission of this court. Application by the appellant for permission to leave the State of New York on August 22, 23, and 24, 2004, for the purpose of appearing in court in the State of Pennsylvania on certain criminal charges.

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

ORDERED that the appellant is given permission to leave the State of New York on August 22, 23, and 24, 2004, solely for the purpose of appearing in court in the State of Pennsylvania on certain criminal charges.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14823

F/

HOWARD MILLER, J.

2004-05712 The People, etc., plaintiff, v Jack L. Hsu, defendant. (Ind. No. 57/01)

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, Dutchess 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 denied.

HOWARD MILLER

Associate Justice

Appellate Division: Second Judicial Department

M15001

K/sl

ANITA R. FLORIO, J.

2004-01633 The People, etc., plaintiff, v Howard Knox, defendant. (Ind. No. 0587/95)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, dated November 24, 2003, 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.

ANITA R. FLORIO

Associate Justice

Appellate Division: Second Judicial Department

M15000

K/sl

ANITA R. FLORIO, J.

2004-01067 The People, etc., plaintiff, v Daniel Lyles, defendant. (Ind. No. 10690/00)

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 December 8, 2003, 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.

ANITA R. FLORIO

Associate Justice

Appellate Division: Second Judicial Department

M15013

S/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10273 The People, etc., respondent, v Peter Martinez, appellant. (Ind. No. 2909/00)

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

On the court's own motion, it is

ORDERED that its decision and order dated August 10, 2004, in the above-entitled case is recalled and vacated and the following decision and order is substituted therefor:

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated October 27, 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 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

01 A 3212

Attica Corr. Fac.

Box 149

Atticah, New York 14011

Appellate Division: Second Judicial Department

M14675

F/

ANITA R. FLORIO, J.

2004-00608 The People, etc., plaintiff, v Frank McClarin, defendant. (Ind. No. 11965/98)

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 November 28, 2003, 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.

ANITA R. FLORIO

Associate Justice

Appellate Division: Second Judicial Department

M15020

S/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

1999-04230 The People, etc., respondent, v James M. Myron, appellant. (Ind. No. 97-00085)

ORDER TO SHOW CAUSE

Appeal by the defendant from a judgment of the County Court, Rockland County, rendered March 26, 1999. By decision and order on motion of this court dated June 2, 2000, the appellant was granted leave to prosecute the appeal pro se and was advised that at the time he filed his brief he would be required to file a properly executed waiver of his right to appellate counsel, which waiver was to read as follows:

WAIVER OF RIGHT TO APPELLATE COUNSEL

I have been advised that (1) I have the right to be represented by an attorney in prosecuting my appeal, and (2) if I cannot afford to retain counsel, one will be assigned to represent me at State expense. Knowing these rights I have voluntarily elected to waive them and to represent myself on the appeal. I have not been forced to waive my rights and I believe myself to be of sufficient intelligence and ability to properly protect my own interests without the assistance of a lawyer to, among other things, write an appellate brief.

James M. Myron

State of )

) ss.

County of )

On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared James M. Myron, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same, and that by his signature on the instrument, the individual executed the instrument.

Notary Public

The appellant attempted to file his brief on June 21, 2004, but did not include a properly executed waiver of his right to appellate counsel and in a letter dated June 10, 2004, he advised this court that he will not sign such a waiver. By order to show cause dated June 28, 2004, the appellant was ordered to show cause why an order should not be entered dismissing the appeal on the ground that the appellant has not complied with the decision and order on motion of this court dated June 2, 2000.

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

ORDERED that the motion to dismiss the appeal is denied on condition that on or before September 13, 2004, the appellant file with the Clerk of this court a properly executed waiver of his right to appellate counsel in the form set forth above.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14822

F/

BARRY A. COZIER, J.

2004-04928 The People, etc., plaintiff, v Juan Nadal, defendant. (Ind. No. 02-01123)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Westchester County, dated May 3, 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.

BARRY A. COZIER

Associate Justice

Appellate Division: Second Judicial Department

M14946

F/

NANCY E. SMITH, J.

2004-04929 The People, etc., plaintiff, v Lynel A. Parsons, defendant. (Ind. No. 536/94)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Richmond County, dated May 5, 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

M15003

K/sl

ANITA R. FLORIO, J.

2004-04956 The People, etc., plaintiff, v Mitchell Raife, defendant. (Ind. No. 2557/94)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 23, 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.

ANITA R. FLORIO

Associate Justice

Appellate Division: Second Judicial Department

M15002

K/sl

ANITA R. FLORIO, J.

2004-04234 The People, etc., plaintiff, v Jose Ramos, defendant. (Ind. No. 84-01246)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, entered March 29, 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.

ANITA R. FLORIO

Associate Justice