Appellate Division: Second Judicial Department

M15332

CF/

2004-04147 Olga Bengis, respondent, v Thalle Industries, Inc., et al., defendants, Reclamation, Inc., of Kingston, et al., appellants. (Index No. 836/00)

ORDER ON APPLICATION Application to Withdraw Appeal

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ORDERED that the application is granted and the appeal by County of Putnam is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15322

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2004-01667 Salvatore A. Cataldo, appellant, v Incorporated Village of Mineola, etc., et al., respondents. (Index No. 29399/99)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 20, 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

M15318

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2003-09851 Vincenzo DiMaggio, respondent, v Antonio DiMaggio, appellant. (Index No. 15134/99)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Kings County, dated December 24, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before September 8, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15329

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DAVID S. RITTER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

STEVEN W. FISHER, JJ.

2004-05725 Lisa Freihofner, appellant, v Gregory Freihofner, respondent. (Index No. 5173/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, dated July 15, 2004, in effect, for reargument of that branch of her prior motion which was to stay enforcement of so much of the order as transferred temporary custody of the child Matthew Freihofner from the appellant to the respondent, which was determined by decision and order on motion of this court dated July 28, 2004. Application by the appellant to enlarge the time to comply with so much of the prior decision and order on motion of this court dated July 28, 2004, which directed the appellant to perfect her appeal by September 1, 2004.

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

ORDERED that the motion is denied, without costs or disbursements; and it is further,

ORDERED that the application is granted, and the appellant's time to perfect her appeal is enlarged until September 13, 2004, and the record or appendix and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent's brief shall be served and filed on or before October 13, 2004; and it is further,

ORDERED that the Law Guardian's brief shall be served and filed on or before October 13, 2004; and it is further,

ORDERED that the appellant's reply brief, if any, shall be served and filed on or before October 25, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15335

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2004-02022 Adelfa Garcia, etc., et al., respondents, v Joaly Enterprise Company, appellant, et al., defendants. (Index No. 32412/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated January 5, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 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.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15320

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2004-01268 Donald G. Gore, et al., appellants, v Giuseppe Cambareri, et al., respondents. (Index No. 7316/97)

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 an order of the Supreme Court, Westchester County, dated November 14, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 5, 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

M15319

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2003-10925 Evens Janvier, et al., appellants-respondents, v Hudson General Corporation, defendant-respondent, Schiphol U.S.A., et al., defendants third-party plaintiffs-respondents, GlobeGround North America, LLC, defendant respondent-appellant; Laro Service Systems, third-party defendant-respondent. (Index No. 22755/99)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the reply brief shall be served and filed on or before September 11, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15321

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2004-01709 Raisa Katz, et al., respondents, v City of New York, defendant, Yekel Shteynberg, et al., appellants. (Index No. 31629/98)

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 October 31, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 8, 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

M15327

CF/

2004-01705 Albert Mudry, et al., appellants, v James A. Giannattasio, respondent. (Index No. 1686/03)

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 October 29, 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

M15339

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2004-02027 Azizullah Obaidi, et al., respondents, v Ahmed Nezamuddin, et al., defendants, Marlene Perez, appellant. (Index No. 11039/98)

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, Queens County, dated December 15, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 26, 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

M15317

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2004-01963 Joffre Robalino, appellant, v Ketan Shevde, et al., respondents. (Index No. 48642/96)

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, Kings County, dated January 26, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 23, 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

M15336

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2004-03482 Shao Yun Liu, appellant, v Ming Jin Chen, respondent. (Index No. 05021/01)

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, Suffolk County, entered March 17, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 17, 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

M15338

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2004-03110 Marietta Small, etc., respondent, v Prest-O-Sales, et al., appellants. (Index No. 5130/02)

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 February 24, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 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

M15326

CF/

2004-05649 Tronic Systems, Inc., respondent, v Fleet Bank, etc., appellant. (Index No. 19240/02)

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 June 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

M15323

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2004-01987 Iwona Vujovic, respondent, v Ljubomir Vujovic, appellant. (Index No. 16172/95)

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, Queens County, dated January 22, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 2, 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

M15342

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2004-01702 In the Matter of Congregation Bnai Solomon Zalman of Crown Heights, respondent, v Zev King, appellant. (Index No. 26210/02)

ORDER ON APPLICATION

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15316

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2004-01913 In the Matter of Mike Hawryluk, appellant, v Town of Huntington Zoning Board of Appeals, et al., respondents. (Index No. 3005/02)

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, Suffolk County, dated December 2, 2003.

ORDERED that the application is granted and 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.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15340

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2004-01453 In the Matter of Oak Street Management, Inc. Arthur F. Concors, et al., respondents; Gerald N. Jacobowitz, et al., appellants. (Index No. 5715/00)

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 an order of the Supreme Court, Orange County, dated January 13, 2004.

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

M15331

CF/

2004-05045 In the Matter of Joseph D. P. (Anonymous), appellant. (Docket Nos. D-2376-04, D-2381-04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated April 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

M15324

S/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-01623, 2004-01624 The People, etc., respondent, v Peter Aliseo, appellant. (S.C.I. Nos. 94-1821, 95-0065)

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 for leave to prosecute appeals from two orders of the Supreme Court, Westchester County, both dated January 23, 2004, which denied his motion to vacate sentences imposed upon him, 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 appeals 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 appeals:

Stephen J. Pittari, Esq.

Legal Aid Society

One North Broadway - ninth floor

White Plains, New York, 10601-2352

and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals 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 appeals; 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 appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

95-A-3758

Collins Correctional Facility

P.O. Box 340

Collins, New York 14034

Appellate Division: Second Judicial Department

M15330

CF/

2004-01005 The People, etc., respondent, v Supreme Allah, appellant. (Ind. No. 8859/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Kings County, rendered May 20, 2003.

Upon the stipulation of the parties, dated August 19, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15325

CF/

1991-00790 The People, etc., respondent, v Deon Roberts, appellant. (Ind. No. 2529/90)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Kings County, rendered January 9, 1991.

Upon the stipulation of the parties, dated August 27, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15328

CF/

2001-06244 The People, etc., respondent, v Tristan Wilson, appellant. (Ind. No. 2793/98)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Queens County, rendered June 25, 2001.

Upon the stipulation of the parties, dated July 29, 2004, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court