Appellate Division: Second Judicial Department

M15298

J/sl

2004-01673 Roberto Alfaro, respondent, v Power Test Realty Company, LP, et al., appellants, et al., defendant (and another action). (Index No. 11558/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated January 27, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 25, 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

M15296

C/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-06474 Louis Baguidy, respondent, v Williams S. Ritter, defendant, WABC Televison, appellant. (Index No. 19486/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled matter pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 30, 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.

ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15299

PL/sl

2004-02116 Jeffrey Bertone, appellant, v Mary Ann Bertone, etc., respondent. (Index No. 13550/95)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered January 22, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15292

CF/

2004-01394 Howard Broder, respondent, v 294 Waterfront Development Corporation, et al., defendants, S & K Properties, LLC, nonparty- appellant. (Index No. 12387/00)

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 January 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 appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15295

C/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-00660 Juanita Cruceta, et al., respondents, v Funnel Equities, Inc., appellant. (Index No. 3997/99)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated December 19, 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 appellant's time to perfect the appeal is enlarged until November 1, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15302

J/sl

2004-03403 Selma Farrago, et al., appellants, v Great Atlantic & Pacific Tea Company, Inc., et al., respondents. (Index No. 10540/02)

ORDER ON APPLICATION

Application by the respondent Village of Bronxville pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, entered April 2, 2004.

ORDERED that the application is granted and the time of the respondent Village of Bronxville to serve and file a brief is enlarged until October 12, 2004, and that 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

M15291

CF/

2004-02746 Leo V. Grabowski, plaintiff-respondent, v Prismatic Development Corporation, defendant, American Building Services, appellant. (Index No. 2117/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange 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

M15293

CF/

2004-02667 Rebecca Karan, et al., plaintiffs-respondents, v Russo Realty Corporation, defendant third-party plaintiff, Rory Burken, defendant- appellant; DeSoto Realty Corporation, third-party defendant-respondent. (Index No. 5452/00)

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 December 8, 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

M15297

C/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2003-09043 David A. Kayser, respondent, v Barbara Ann Kayser, appellant. (Index No. 27105/92)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated August 11, 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 appellant's time to perfect the appeal is enlarged until September 3, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15301

PL/sl

2004-05332 Sami Leka, appellant, v State of New York, respondent. (Claim No. 106392)

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 an order of the Court of Claims dated May 12, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 10, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15294

CF/

2004-04214 Stephen Marcuccio, appellant, v 324-328 Hempstead Avenue Realty Corporation, et al., respondents. (Index No. 16867/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated March 5, 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

M15290

CF/

2004-01856 Kimberly Pearlstein, respondent, v Edward Pearlstein, appellant. (Index No. 15025/91)

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 December 9, 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

M15289

CF/

2004-07254 So/Bluestar, LLC, respondent, v Canarsie Hotel Corporation, et al., appellants. (Index No. 6816/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated June 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 appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15300

J/sl

2004-01499 Georges Y. Takle, et al., plaintiffs-respondents, v New York City Transit Authority, et al., appellants, Romualoas P. Zitkus, et al., defendants-respondents. (Index No. 45436/97)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 14, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 17, 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

M15288

PL/sl

2003-09685, 2004-02437 In the Matter of William H. Christian, appellant, v Uniform Holdings, LLC, et al., respondents. (Index No. 20048/03)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Queens County, dated October 2, 2003, and January 30, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 1, 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

M15246

C/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-05367 In the Matter of T'Challaarkiesha Janette Jouslin R.-D. (Anonymous). Angel Guardian - St. Mary's Children and Family Services, respondent; Shavonne Kathleen R. (Anonymous), appellant. (Docket No. B-7321-01)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to grant the appellant leave to prosecute an appeal from an order of the Family Court, Kings County, dated May 25, 2004, as a poor person, to assign Elliot Green as counsel to represent the appellant on the appeal, for a preference in the calendaring of the appeal, and to stay all proceedings in the matter including the adoption of the subject child.

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

ORDERED that the branches of the motion which seek leave to prosecute the appeal as a poor person and to assign Elliot Green as counsel to represent the appellant on the appeal are denied, with leave to the appellant to renew on or before September 27, 2004, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal; and it is further,

ORDERED that the branch of the motion which is for a stay of all proceeding in the matter including the adoption of the subject child is denied; and it is further,

ORDERED that the branch of the motion which is for a preference is denied with leave to renew upon perfection of the appeal.

RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14672

F/

MYRIAM J. ALTMAN, J.

2004-05041 The People, etc., plaintiff, v Michael Daniels, defendant. (Ind. No. 4387/92)

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 May 17, 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.

MYRIAM J. ALTMAN

Associate Justice