Appellate Division: Second Judicial Department

M18659

S/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-09812 Annemarie Barr, appellant, v Michael Allen Barr, respondent. (Index No. 1165/04)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Appeal by Annemarie Barr from an order of the Supreme Court, Westchester County, dated October 8, 2004.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order appealed from is not appealable as of right and leave to appeal has not been granted (see CPLR 5701).

SANTUCCI, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18648

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2004-04952 Matteo Bevilacqua, et al., respondents, v Flatbush Volunteers Hatzoloh, Inc., appellant, et al., defendants. (Index No. 10761/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 30, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 26, 2005, 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

M18647

S/sl

2004-04489 George Coakley, etc., appellant, v Parkway Hospital, defendant third-party plaintiff-respondent, Michael Reich, et al., defendants-respondents; Peter Gottlieb, etc., et al., third-party defendants-respondents. (Index No. 28139/97)

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, entered April 13, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 12, 2005, 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

M18358

PL/sl

2004-05154 Claudio Cuevas, appellant, v Alexander's, Inc., et al., respondents. (Index No. 1556/01)

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, Kings County, dated February 5, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 16, 2005, 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

M18649

J/sl

2004-03601 D.D.R. Realty Corp., et al., respondents, v Library Lane Associates, appellant. (Index No. 14837/00)

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 a judgment of the Supreme Court, Westchester County, dated April 2, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 6, 2005, 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

M18654

S/sl

2004-03361 Anthony Damiani, et al., plaintiffs-respondents, v Federated Department Stores, Inc., et al., defendants third-third-party plaintiffs respondents- appellants, Dynamic Resources, Inc., et al., defendants respondents-appellants, Hutton Electrical Contracting Corp., defendant-respondent; Gilman Construction Company, third-third-party defendant appellant-respondent (and other third-party actions). (Index No. 13553/97)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated March 16, 2004.

ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until January 12, 2005, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering briefs, including their points of argument on their cross appeals, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18676

PL/sl

2004-04325 Blanche Daratany, respondent, v Dennis Daratany, appellant. (Index No. 556/86)

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 Supreme Court, Kings County, dated March 15, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 8, 2005, 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

M18643

S/sl

2004-04554 Regina Dobin, respondent, v Lincoln Triangle Partners, LP, et al., defendants, Barnes & Noble, Inc., appellant. (Index No. 28182/01)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 4, 2005, 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

M18651

S/sl

2004-03754 Susan Dwulit, et al., appellants, v Kenneth Walters, et al., respondents. (Index No. 11859/03)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Richmond County, dated March 12, 2004.

ORDERED that the application is granted and the respondents' time to file a brief is enlarged until November 30, 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

M18662

S/sl

2004-04114 H.L. & F.H. Realty Corporation, plaintiff- respondent, v Gulf Insurance Company, et al., appellants, Kreiner Company, Inc., et al., defendants-respondents. (Index No. 1599/01)

ORDER ON APPLICATION

Application by the plaintiff-respondent, on behalf of all the respondents, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal from an order of the Supreme Court, Orange County, dated March 24, 2004.

ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until January 3, 2005, and the respondents' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18637

M/nal

2004-07478, 2004-07947 Patrick O. Ingle, respondent, v Sheung C. Ingle, appellant. (Index No. 5066/02)

SCHEDULING ORDER

Appeals by Sheung C. Ingle from two orders of the Supreme Court, Dutchess County, dated June 30, 2004, and September 2, 2004, respectively. 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 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until December 30, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18660

S/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-04773 Lynda Kessler, respondent, v John Kessler, appellant. (Index No. 4709/02)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated April 16, 2004.

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

ORDERED that on the court's own motion the appellant's notice of appeal is treated as an application for leave to appeal to this court and leave to appeal is granted (see CPLR 5701); and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 24, 2005, 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., LUCIANO, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18640

J/sl

2004-04824 Koin Khasidov, appellant, v Romero Car Service Corp., et al., respondents. (Index No. 26978/03)

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 May 7, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 22, 2005, 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

M18644

S/sl

2004-01157 Carl Martin, appellant, v City of New York, et al., respondents. (Index No. 852/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated December 9, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 14, 2005, 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

M18681

C/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-02745 Josepha Miner, appellant, v Northport Yacht Club, respondent. (Index No. 20519/02)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Suffolk County, dated March 8, 2004.

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 the appeal will be calendared expeditiously.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18679

C/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-09700 Jacinto Monar, respondent, v Markhoff, Lazarus & Topiel, PC, et al., appellants. (Index No. 23438/03)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action, including discovery, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 16, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18683

Y/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-05665, 2004-09428 Alan Monroig, etc., appellant, v Washington Mutual Bank, FA, respondent. (Index No. 16524/03)

DECISION & ORDER ON MOTION

Motion by R. Bruce Allensworth and Brian M. Forbes, attorneys in good standing in the Commonwealth of Massachusetts to be admitted pro hac vice to represent the respondent on appeals from two orders of the Supreme Court, Nassau County, entered April 29, 2004, and September 24, 2004, respectively.

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

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

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until January 3, 2005, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18650

S/sl

2004-05107 John Nesdale, appellant, v Frank Banister, appellant. (Index No. 4321/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated April 13, 2004.

ORDERED that the application is denied without prejudice to renewal upon a showing of a "reasonable ground" for the enlargement (see 22 NYCRR 670.8[d][2]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18495

M/nal

2004-10049 Ion Oltean, respondent, v Maria Oltean, appellant. (Index No. 3263/03)

SCHEDULING ORDER

Appeal by Maria Oltean from a judgment of the Supreme Court, Queens County, dated September 23, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M18641

J/sl

2004-03543 Ryszard Pilch, respondent-appellant, v Board of Education of City of New York, et al., appellants-respondents. (Index No. 13860/99)

ORDER ON APPLICATION

Application by the appellants-respondents 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 March 15, 2004.

ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until February 7, 2005, and the joint record or joint appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant's time to serve and file an answering brief is enlarged and the respondent-appellant's answering brief, including the points of argument on the cross appeal, must be served and filed on or before April 8, 2005 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18653

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2004-02633 Marthe Qualben, respondent, v Bruno Aiello, et al., appellants, et al., defendants. (Index No. 2128/03)

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, Kings County, dated February 17, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 22, 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

M18672

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2004-03828 Abraham Sagiv, et al., appellants, v Francis W. Gamache, et al., respondents. (Index No. 764/02)

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 an order of the Supreme Court, Kings County, dated March 3, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 10, 2005, 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

M18645

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2004-03816 Laura Sequeira, appellant, v W&E Auto Repair, Inc., et al., respondents. (Index No. 34517/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 29, 2004.

ORDERED that the application is granted and the appellant's brief which was submitted to the Clerk of this court on November 19, 2004, is accepted for filing; and it is further,

ORDERED that the respondents shall serve and file their brief on or before December 24, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18639

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2004-04065 Charles Tawil, et al., appellants, v Max Wasser, et al., respondents. (Index No. 17903/03)

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, Kings County, dated March 26, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 27, 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

M18685

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-04477 Lauriell N. Wright, respondent, v Juan Peralta, appellant. (Index No. 9314/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 5, 2003.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until December 10, 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, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18621

M/nal

2004-07414 In the Matter of Maritza Ayuso, appellant, v Mark Arduino, respondent. (Proceeding No. 1) In the Matter of Mark Arduino, appellant, v Maritza Ayuso, respondent. (Proceeding No. 2) (Docket Nos. V-00323/04, V-00324/04)

SCHEDULING ORDER

Separate appeals by Maritza Ayuso in Proceeding No. 1 and Mark Arduino in Proceeding No. 2 from an order of the Family Court, Westchester County, dated July 27, 2004. By decision and order on motion of this court dated November 19, 2004, the following attorney was assigned as counsel for appellant Maritza Ayuso :

Anne R. Mueller, Esq.

222 Mamaroneck Avenue - Suite 104

Whie Plains, New York 10605

(914) 949-0777

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 proceedings 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 November 19, 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

M16086

M/nal

2004-08102, 2004-08104 In the Matter of Joshua B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Steven H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Shanice H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 3) In the Matter of James B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Scott H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Malik H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-3905-04, 3906-04, N-3907-04, N-3908-04, N-3909-04, N-3910-04)

SCHEDULING ORDER

Appeals by Steven H. from two orders of the Family Court, Queens County, both dated August 25, 2004. By decision and order on motion of this court dated November 19, 2004, the following attorney was assigned as counsel on the appeals:

Lewis S. Calderon, Esq.

90-50 Parsons Blvd. - #405

Jamaica, New York 11432

(718) 883-1560

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 proceedings 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 November 19, 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 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

M18608

M/nal

2004-01829, 2004-01920 In the Matter of Justin Henry B. (Anonymous). St. Vincent's Services, respondent; Tawana C. (Anonymous), appellant. In the Matter of Fantaisha Niasha Patricia C. (Anonymous). St. Vincent's Services, respondent; Tawana C. (Anonymous), appellant. (Docket Nos. B-13439/00, B-13440/00)

SCHEDULING ORDER

Appeals by Tawana C. from two orders of the Family Court, Kings County, both dated January 16, 2004. The appellant's assigned counsel received the transcripts on or about August 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 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until December 13, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18625

M/nal

2004-05179 In the Matter of Virginia B. (Anonymous), appellant. (Docket No. E-5897-03)

SCHEDULING ORDER

Appeal by Virginia B. from an order of the Family Court, Queens County, dated January 23, 2004. The transcripts in the above-entitled appeal were received by the appellant on or about November 15, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 45 days of the date of this order, the appellant shall perfect the appeal or submit an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that the appellant is directed to provide copies of the transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when the appellant's brief is served upon those parties; and it is further,

ORDERED that if the appeal has not been perfected or withdrawn within 45 days of the date of this 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

M18616

M/nal

2004-05185 In the Matter of Yolanda Bracero, appellant, v Gobin Khemraj, respondent. (Docket No. O-07672/03)

SCHEDULING ORDER

Appeal by Yolanda Bracero from an order of the Family Court, Queens County, dated June 7, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 19, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M18636

M/nal

2003-10783 In the Matter of Brittney (Anonymous). Lisa Z. (Anonymous), et al., respondents; Frederick C. (Anonymous), appellant. (Proceeding No. 1) (Docket No. A-2745-03) 2004-01792 In the Matter of Lisa Z. (Anonymous), v Frederick C. (Anonymous). (Proceeding No. 2) (Docket No. V-4863-96)

SCHEDULING ORDER

Appeals by Frederick C. from two orders of the Family Court, Dutchess County, dated November 3, 2003 (Appellate Division Docket No. 2003-10783), and January 29, 2004 (Appellate Division Docket No. 2004-01792), respectively. 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 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until December 6, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18675

C/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-00679 In the Matter of Chauncey Cromwell, petitioner, v Glenn Goord, etc., et al., respondents. (Index No. 6726/03)

DECISION & ORDER ON MOTION

Motion by the petitioner in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Orange County, dated January 13, 2004, for leave to prosecute the proceeding as a poor person, to enlarge the time to perfect the proceeding, and to waive the certification requirements of 22 NYCRR 670.10.2(f) regarding the record.

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

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted; the proceeding will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 branch of the motion which is to waive the filing fee is denied as unnecessary (see 22 NYCRR 670.22); and it is further,

ORDERED that the branch of the motion which is for a free transcript is denied; and it is further,

ORDERED that the branch of the motion which is to waive the certification requirements regarding the record is denied as academic; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the proceeding is granted; the petitioner's time to perfect the proceeding by causing the original papers constituting the record to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9 [d][2]) and by serving and filing a brief is enlarged until December 27, 2004.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18615

M/nal

2004-08432 In the Matter of Grace Czop, respondent, v Roy F. Czop, appellant. (Docket No. O-3450-04)

SCHEDULING ORDER

Appeal by Roy F. Czop from an order of the Family Court, Orange County, dated September 7, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 19, 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

M18467

K/nal

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

NANCY E. SMITH, JJ.

1999-00277 In the Matter of Robert C. D'Alvia, a disbarred attorney. (Attorney Registration No. 1482276)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent, Robert C. D'Alvia, for reargument of a decision and order on application of this court dated July 29, 2004, which denied his application for reinstatement as an attorney and counselor-at-law and, upon reargument, granting his application for reinstatement or affording him a fact-finding hearing before a subcommittee. By opinion and order of this court dated September 18, 1989, the respondent was disbarred based upon his conviction, after a trial in the County Court, Westchester County, of perjury in the first degree, a class E felony. By decision and order on application of this court dated May 19, 1999, the respondent's application to vacate the order of disbarment and reinstate him to the practice of law was denied. By subsequent decision and order on application of this court dated July 24, 2001, his second application for reinstatement was held in abeyance, and the matter was referred to the Committee on Character and Fitness to investigate and report on his current fitness to be an attorney. After a subcommittee hearing, both the subcommittee and the full Committee recommended that the application be denied. By decision and order on application of this court dated October 31, 2002, the respondent's second application for reinstatement was denied. The respondent's third application for reinstatement was withdrawn by decision and order of this court dated May 21, 2004. The respondent's most recent application for reinstatement was denied by decision and order on application of this court dated July 29, 2004. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 21, 1973.

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

ORDERED that the motion is denied.

SANTUCCI, J.P., S. MILLER, KRAUSMAN, GOLDSTEIN and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18613

M/nal

2004-01462 In the Matter of Kareem F. (Anonymous), appellant. (Docket No. D-2945/03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Westchester County, dated February 2, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 22, 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

M18488

M/nal

2004-09887, 2004-09888, 2004-09889, 2004-09890 In the Matter of Judith Finell, respondent, v Steven Finell, appellant. (Docket Nos. F-06931-03, F-06932-03, F-06933-03 )

SCHEDULING ORDER

Appeals by Steven Finell from two orders of the Family Court, Westchester County, both dated November 5, 2003, an amended order of the same court dated September 27, 2004, and an order of the same court dated September 30, 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 in the 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 they have been ordered, 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

M18684

Y/sl

NANCY E. SMITH, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-07423 In the Matter of Herbert Flaig, petitioner, v Douglas Katsaros, et al., respondents. (Index No. 100244/02)

DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division

Motion by Douglas Katsaros and Elise Morris for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated May 14, 2004, which modified an order of the Civil Court of the City of New York, Kings County, entered June 17, 2003.

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 denied.

SMITH, J.P., CRANE, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18669

F/

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-07477 In the Matter of Robert Funchess, appellant, v Westchester County Department of Social Services, respondent. (Docket No. P-2221-89)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Westchester County, dated July 19, 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 no papers having been filed in opposition or 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 the appellant's full financial situation including all assets and expenses, both real and personal, as well as any and all sources of income.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18619

M/nal

2003-11219 In the Matter of Donald J. (Anonymous), Jr. Bonnie A. (Anonymous), appellant; George E. (Anonymous), respondent. (Docket No. G-4162-03)

SCHEDULING ORDER

Appeal by Bonnie A. from an order of the Family Court, Dutchess County, dated November 19, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 19, 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

M18623

M/nal

2004-08920 In the Matter of John James, appellant, v Cherise Dennis, respondent. (Docket No. V-16127-04)

ORDER TO SHOW CAUSE

Appeal by John James from an order of the Family Court, Kings County, dated September 27, 2004. By scheduling order dated October 21, 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 October 21, 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 December 13, 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

M18642

PL/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-05387 In the Matter of Martha O'Celia Juansen, a/k/a Celia Juansen; Miller, Canfield, Paddock and Stone, PLLC, nonparty appellant. (Matter No. 1) (Index No. 9036/01) 2004-05388 In the Matter of Jacques Liwer; Miller, Canfield, Paddock and Stone, PLLC, nonparty appellant. (Matter No. 2) (Index No. 26986/99) 2004-05411, 2004-05413 In the Matter of Loretta Haverty; Miller, Canfield, Paddock and Stone, PLLC, nonparty appellant. (Matter No. 3) (Index No. 5373/93) 2004-06744 In the Matter of Nora Roberts; Miller, Canfield Paddock and Stone, PLLC, nonparty appellant. (Matter No. 4) (Index No. 4227/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 15, 2004, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Motion by Miller, Canfield, Paddock and Stone, PLLC, the nonparty-appellant on appeals from (1) a decision of the Supreme Court, Queens County, dated May 28, 2003 (Appellate Division Docket No. 2004-05411), (2) an order of the same court dated January 27, 2004 (Appellate Division Docket No. 2004-05413), (3) two orders of the same court both dated February 25, 2004 (Appellate Division Docket Nos. 2004-05388 and 2004-06744), and (4) an order of the same court dated April 8, 2004 (Appellate Division Docket No. 2004-05387), to consolidate the appeals and for permission to limit the persons and/or entities which have to be served with the record or appendix and brief on the appeal in lieu of the service originally directed by the orders of the Supreme Court, Queens County, which appointed guardians in the above-captioned proceedings.

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

ORDERED that on the court's own motion, the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp, 100 AD2d 509): and t is further,

ORDERED that the branch of the motion which is to consolidate the appeals is granted to the extent that the parties may file one record or appendix and one brief on the appeals and shall file 13 copies of the record or appendix and their respective briefs, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion for permission to limit the persons and/or entities which have to be served with the record or appendix on appeal and the appellant's brief is granted, and the appellant shall serve the record or appendix on appeal and its brief on the persons and/or entities listed in its motion papers.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18646

PL/sl

2004-05387 In the Matter of Martha O'Celia Juansen, a/k/a Celia Juansen; Miller, Canfield, Paddock and Stone, PLLC, nonparty appellant. (Matter No. 1) (Index No. 9036/01) 2004-05388 In the Matter of Jacques Liwer; Miller, Canfield, Paddock and Stone, PLLC, nonparty appellant. (Matter No. 2) (Index No. 26986/99) 2004-05413 In the Matter of Loretta Haverty; Miller, Canfield, Paddock and Stone, PLLC, nonparty appellant. (Matter No. 3) (Index No. 5373/93) 2004-06744 In the Matter of Nora Roberts; Miller, Canfield Paddock and Stone, PLLC, nonparty appellant. (Matter No. 4) (Index No. 4227/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from four orders of the Supreme Court, Queens County, one dated January 27, 2004, two dated February 25, 2004, and one dated April 8, 2004, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until January 28, 2005, and the record or appendix on the appeals 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

M18469

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

ROBERT W. SCHMIDT, JJ.

1999-05600 In the Matter of Robert E. Liedy, admitted as Robert Edward Liedy, a suspended attorney. (Attorney Registration No. 2298222)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent, Robert E. Liedy, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated November 6, 2000, the respondent was suspended from the practice of law for a period of two years, effective November 11, 2000, as a result of a disciplinary proceeding containing two charges of professional misconduct. The charges involved fraud, deceit, or misrepresentation based upon the respondent's depositing personal funds into his escrow account in an effort to prevent creditors from locating his assets and executing judgments, and improperly drawing checks upon his IOLA payable to cash. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 13, 1976, under the name Robert Edward Liedy.

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

ORDERED that the motion is denied with leave to renew upon proof that the respondent has re-registered with the Office of Court Administration in accordance with the Grievance Committee's directives, and upon submission of his tax returns for 2000 and 2001, if filed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18460

M/nal

2004-10089, 2004-10091 In the Matter of Marcus M. (Anonymous), appellant. (Docket No. E-4186/04)

SCHEDULING ORDER

Appeals by Marcus M. from two orders of the Family Court, Richmond County, dated October 19, 2004, and November 5, 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 in the 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 that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M18680

C/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-07398 In the Matter of Elizabeth Mendlowitz, respondent, v Joshua Mendlowitz, appellant. (Docket No. O-00402-03)

DECISION & ORDER ON MOTION

Appeal by Joshua Mendlowitz from an order of the Family Court, Nassau County, dated July 22, 2004. By order to show cause dated October 27, 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 appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 16, 2004, issued pursuant to 22 NYCRR 670.4(a). Application by the appellant to withdraw the appeal.

Upon the papers filed in support of the application and the papers filed in response to the order to show cause, it is

ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,

ORDERED that the order to show cause is denied academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18657

S/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-09663 In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Jasmine Sierra, respondent; Efrain Lopez, Jr., additional respondent. (Index No. 14856/04)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Appeal by New York Central Mutual Fire Insurance Company from an undated order of the Supreme Court, Queens County.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable by right or by permission (see CPLR 5701), and we decline to treat the appeal as an application pursuant to CPLR 5704.

SANTUCCI, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18622

M/nal

2004-08898 In the Matter of Kristen Nilsen, respondent, v Robert Slowey, appellant. (Docket No. O-14910-04)

SCHEDULING ORDER

Appeal by Robert Slowey from an order of the Family Court, Suffolk County, dated September 8, 2004. By decision and order on motion of this court dated November 19, 2004, the following attorney was assigned as counsel on the appeal:

James D. Reddy, P.C.

873 South 7th Street

Lindenhurst, New York 11757

(631) 225-2846

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 November 19, 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

M18611

M/nal

2004-08965 In the Matter of Shawn P. (Anonymous), respondent, v Wayne D. (Anonymous), appellant. (Docket Nos. P-01577-04, P-1580-04, P-1581-04)

SCHEDULING ORDER

Appeal by Wayne D. from an order of the Family Court, Suffolk County, dated September 15, 2004. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated October 25, 2004, in the above-entitled proceeding is amended to provide that the appellant's time to comply therewith is enlarged until December 10, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18606

M/nal

2004-07695 In the Matter of Crystallyn P. (Anonymous). Dutchess County Department of Social Services, respondent; Barbara P. (Anonymous), appellant. (Docket No. NN-00591-02)

SCHEDULING ORDER

Appeal by Barbara P. from an order of the Family Court, Dutchess County, dated July 30, 2004. By decision and order on motion of this court dated November 19, 2004, the following attorney was assigned as counsel on the appeal:

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 227-0206

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 November 19, 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

M18661

R/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-07856 In the Matter of Dana R. Pedone, respondent, v Marcus Corpes, appellant. (Docket No. P-00464/95)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of commitment of the Family Court, Suffolk County, dated July 26, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18618

M/nal

2004-03939 In the Matter of Benjamin Perez, respondent, v Grissel M. Sepulveda, appellant. (Docket No. V-17007-01)

SCHEDULING ORDER

Appeal by Grissel M. Sepulveda from an order of the Family Court, Queens County, dated April 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 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 December 22, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18607

M/nal

2004-07876 In the Matter of Zoila Santos, appellant, v Nelson Yecora, respondent. (Docket No. F-12896-03)

SCHEDULING ORDER

Appeal by Zoila Santos from an order of the Family Court, Queens County, dated August 4, 2004. By decision and order on motion of this court dated November 19, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. 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 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 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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M18614

M/nal

2004-04163, 2004-04165 In the Matter of Suffolk County Department of Social Services, o/b/o Tonia Marzocco, respondent, v Robert Marzocco, appellant. (Docket No. F-03777-92)

SCHEDULING ORDER

Appeals by Robert Marzocco from two orders of the Family Court, Suffolk County, dated February 9, 2004, and April 23, 2004, respectively. 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 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until December 29, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18658

R/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-09908 In the Matter of Andrew Terjesen, respondent, v Donna Terjesen, appellant. (Docket No. V-03920/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Richmond County, dated November 10, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act §1112); and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18620

M/nal

2004-06392 In the Matter of Kristy Helen Tornese, respondent, v Richard F. Gagliardi, Jr., appellant. (Docket No. F-15608/03)

SCHEDULING ORDER

Appeal by Richard F. Gagliardi, Jr., from an order of the Family Court, Westchester County, dated July 7, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 14, 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 December 27, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18663

F/

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2002-09617 The People, etc., respondent, v John Blackshear, appellant. (Ind. No. 822-01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered September 26, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

02 A 5444

Hale Creek ASACTC

Box 950

Johnstown, New York 12095

Appellate Division: Second Judicial Department

M18590

F/

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2002-04806 The People, etc., respondent, v Jose Corea, appellant. (Ind. No. 1447-01)

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 County Court, Suffolk County, rendered May 17, 2002.

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 denied.

SANTUCCI, J.P., LUCIANO, CRANE, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18589

F/

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-09263 The People, etc., plaintiff, v Jose A. Dominguez, defendant. (Ind. No. 681/04)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Nassau County, rendered May 26, 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.

SANTUCCI, J.P., LUCIANO, CRANE, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18668

F/

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2001-10446 The People, etc., respondent, v Daquan Drummond, appellant. (Ind. No. 5959/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered November 5, 2001, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18595

F/

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-09169 The People, etc., respondent, v Andrew Fiori, appellant. (Ind. No. 04-00447)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered September 23, 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 opposition thereto, it is

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

SANTUCCI, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18593

F/

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-09234 The People, etc., respondent, v Kim Flippen, appellant. (Ind. No. 3046-03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered September 28, 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 the amount and source of counsel fees paid to retained counsel.

SANTUCCI, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18656

J/sl

1995-07103 The People, etc., respondent, v Ali Gucla, appellant. (Ind. No. 12117/94)

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, Kings County, rendered July 12, 1995.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 13, 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

M18588

F/

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-08322 The People, etc., respondent, v Donneil Hall, appellant. (Ind. No. 63/04)

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, Nassau County, rendered September 2, 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 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 and 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:

Michael O'Brien, Esq.

17 Woodgreen Avenue

Laurel Hollow, New York 11791-1305

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., LUCIANO, CRANE, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M18664

F/

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-09068 The People, etc., respondent, v David Heller, appellant. (Ind. No. 04-00672)

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 September 27, 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 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 and 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:

Barry E. Warhit, Esq.

399 Knollwood Road - Suite 206

White Plains, New York 10603

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, SPOLZINO, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M18666

F/

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-09457 The People, etc., respondent, v Michael C. Lynch, appellant. (S.C.I. No. 04-00317)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, rendered September 20, 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 opposition 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, and (2) amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18461

K/sl

STEPHEN G. CRANE, J.

2004-08934 The People, etc., respondent, v Angel Maldonado, appellant. (Ind. No. 2340-99)

DECISION, ORDER AND 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 County Court, Suffolk County, dated August 24, 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 County Court, Suffolk County, dated August 24, 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.

STEPHEN G. CRANE

Associate Justice

Appellate Division: Second Judicial Department

M18587

F/

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-09229 The People, etc., respondent, v Robert Nash, a/k/a Pee Wee, appellant. (Ind. No. 595-04)

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 County Court, Suffolk County, rendered September 30, 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 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 and 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:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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., LUCIANO, CRANE, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5438

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M18655

J/sl

2002-11349 The People, etc., respondent, v Astor Pinnock, appellant. (Ind No. 7852/01)

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, Kings County, rendered December 6, 2002.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 13, 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

M18594

F/

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-09231 The People, etc., respondent, v Stanley Sadler, appellant. (Ind. No. 904-03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered October 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 the amount and source of counsel fees paid to retained counsel.

SANTUCCI, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M18665

F/

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-05708 The People, etc., respondent, v Samuel Sepulveda, appellant. (Ind. No. 03-00789)

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 County Court, Westchester County, rendered June 22, 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 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 and 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:

Edwin Winder, Esq.

c/o Medina & Mamo, Esq.

95 Beekman Avenue

Sleepy Hollow, New York 10591

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, SPOLZINO, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 3607

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M18667

F/

FRED T. SANTUCCI, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2003-02358 The People, etc., respondent, v Shawn Thompson, appellant. (Ind. No. 6765/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered March 5, 2003, and for the assignment of new 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 1490

Orleans Corr. Fac.

3531 Gaines Basin Road

Albion, New York 14411

Appellate Division: Second Judicial Department

M18586

F/

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-07087 The People, etc., respondent, v Scott D. Torrellas, appellant. (Ind. No. 14/02)

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, Dutchess County, rendered July 23, 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 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 and 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:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

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., LUCIANO, CRANE, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043