APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5468

L/

2003-02143 Bank of China, appellant, v Shine International Trading Company, Inc., et al., respondents. (Index No. 8059/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 8, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5426

L/

2003-05098 Arduccio D. Borsari, respondent, v Vincent M. Dileo, et al., appellants. (Index No.20123/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 15, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5422

L/

2003-02644, 2003-03496 Marilyn Camacho, respondent, v Mark Neremberg, et al., appellants. (Index No. 17779/94)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 5, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5427

CF/

2003-09457 Deidre Campbell, et al., respondents, v Jesus Martinez, appellant, et al., defendants. (Index No. 5764/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated April 29, 2003.

Upon the stipulation of the parties, dated November 4, 2003, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5269

M/sl

2003-03534, 2003-03536 Diana Coleman, etc., et al., respondents, v County of Nassau, et al., appellants. (Index No. 30380/97)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 8, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 15, 2003, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5428

L/

2003-05698 John Daly, respondent, v Ellen Levanti-Daly, appellant. (Index No. 20901/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 10, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5413

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2002-07916 F & J Continental Food Corp., respondent, Withdraw Appeal (Index No. 10384/01)

DECISION & ORDER ON APPLICATION on Stipulation v C.M.C. Company, et al., appellants.

Application to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated July 18, 2002.

Upon the stipulation of the attorneys for the respective parties, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5412

L/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2003-00531 Kerri A. Gifford, respondent, v Michele L. Barishman, et al., defendants third-party plaintiffs, Michael P. Moran, appellant; Mercedes Benz Corporation, third-party defendant-appellant. (Index No. 280/00)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw appeals from an order of the Supreme Court, Suffolk County, dated December 12, 2002.

Upon the stipulation of the attorneys for the respective parties, dated November 25, 2003, it is

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5420

L/

2003-01771 Beverly Girardi, respondent, v Doris L. Sassower, et al., appellants. (Index No. 6303/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 13, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5418

L/

2003-05403 Leo Kaplan, respondent, v Arthur P. Rosiello, appellant. (Index No. 27475/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 15, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5419

L/

2003-06170 Leo Kaplan, respondent, v Arthur P. Rosiello, appellant. (Index No. 27475/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 17, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5431

J/sl

2003-03529 Lancer Insurance Company, respondent- appellant, v Philadelphia Indemnity Insurance Company, appellant-respondent. (Index No. 14984/01)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2), on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated February 3, 2003, to enlarge the time to perfect the appeal.

ORDERED that the application is granted and the joint record and the brief of the appellant-respondent which were submitted to the Clerk of this court are accepted for filing; and it is further,

ORDERED that the time of the respondent-appellant to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]) is enlarged until January 13, 2004, and the brief of the respondent-appellant must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5416

L/

2003-07811 Bernice Linder, respondent, v Abram H. Cohen, et al., appellants. (Index No. 44971/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated July 31, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5423

L/

2003-07879 Nicholas Morano, et al., respondents, v Jeraci Food Distribution, Inc., et al., defendants, Ardsley Village Square, Inc., appellant. (Index No.16923/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 7, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5421

L/

2003-05765 Kenneth Morrison, et al., appellants, v Jerold Warhoftig, et al., respondents. (Index No. 25921/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 23, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5441

E/sl

MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-04145, 2003-09648 Yanibeth O'Ferral, etc., et al., appellants, v City of New York, et al., respondents. 2003-09646 Yanibeth O'Ferral, etc., et al., respondents, v City of New York, et al., appellants. (Index No. 8073/95)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Kings County, dated February 4, 2002, and March 27, 2003 (Appellate Division Docket Nos. 2003-09648 and 2003-04145), and the respondents on an appeal from an order of the same court dated January 9, 2003 (Appellate Division Docket No. 2003-09646), to enlarge the time to perfect the appeal from the order dated March 27, 2003, and to consolidate the appeals.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated March 27, 2003, is granted; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until January 9, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

 ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

ALTMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5467

L/

2003-06239 Port Chester Teachers Federal Credit Union, respondent, v Gregory Tyrone Berrie, a/k/a G. Tyronne Berrie, a/k/a Gregory T. Berrie, a/k/a Tryonne Berry, a/k/a Tryonne Gregory Berrie, appellant. (Index No. 14569/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated May 7, 2003.

Upon the stipulation of the parties, dated November 18, 2003, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5424

L/

2003-03148 Sandra Rios, respondent, v New York City Transit Authority, appellant. (and a third party action) (Index No.24036/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 9, 2001.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5417

L/

2003-07416 Jacqueline Tucker, appellant, v William T. Faint, respondent. (Index No. 813/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 14, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5445

M/sl

2003-01142 Vera M. Walters, et al., respondents, v Hoboken Wood Flooring Corp., et al., appellants. (Index No. 18156/94)

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 November 7, 2002.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 7, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M0088

L

2003-02100 In the Matter of Charles Hynes, petitioner, v John M. Leventhal, etc. et al., respondents. (Index No. 3177/02)

ORDER ON APPLICATION Application to Withdraw Proceeding

Proceeding pursuant to CPLR article 78 in the nature of a writ of prohibition.

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

ORDERED that the proceeding is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5327

T/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-04014 In the Matter of Eric Kachelhofer, respondent, v Rose Wasiak, appellant. (Docket No. V-03339/00)

DECISION & ORDER ON MOTION

Motion by the respondent pro se to dismiss an appeal from an order of the Family Court, Queens County, dated April 4, 2003, on the ground that it is without merit, or, in the alternative, for leave to prosecute the appeal as a poor person, to enlarge the time to serve and file a brief, and to enlarge the record on the appeal to include certain material, including medical records allegedly admitted into evidence at the hearing in the above-entitled matter.

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

ORDERED that the branch of the motion which is to enlarge the record to include certain medical records is granted to the extent that the matter is remitted to the Family Court, Queens County, to hear and report on the issue of what medical records, if any, were admitted into evidence at the hearing held in the above-entitled matter; the Family Court shall file its report with all convenient speed; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is held in abeyance pending the report of the Family Court, Queens County; and it is further,

ORDERED that the motion is otherwise denied.

SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5437

E/sl

MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-04180 In the Matter of Nataliya Lezhak, respondent, v Vladimir Privorotsky, appellant. (Docket No. P-5029/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Kings County, dated April 8, 2003, for leave to reargue those branches of his prior motion which were for a free transcript, waiver of the filing fee, and the assignment of counsel, which were determined by decision and order on motion of this court dated September 4, 2003.

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

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

ORDERED that on the court's own motion, the scheduling order dated September 17, 2003, is amended to provide 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 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until January 15, 2004.

ALTMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5331

T/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-04288 In the Matter of New Alternatives for Children, et al., petitioners-respondents; Lori Lynn F. (Anonymous), a/k/a Lori B. (Anonymous), respondent; Louis B. (Anonymous), appellant. (Docket No. B-15416-02)

DECISION & ORDER ON MOTION

Motion by the respondent New Alternatives for Children to dismiss an appeal from an order of the Family Court, Kings County, dated April 25, 2003, on the ground, inter alia, that the appeal has been rendered academic.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, on the ground that the appeal has been rendered academic.

SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5425

L/

2002-01720 In the Matter of Lloyd K. Noil, respondent, v Angela Burton, appellant. (Docket Nos. V-1089/01, V-1090/01 and V-1091/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Rockland County, dated January 29, 2002.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5446

J/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2002-10527 The People, etc., respondent, v Michael King, appellant. (Ind. No. 1028/00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 4, 2003, in the above-entitled action is amended by adding after the final paragraph thereof the following words:

;and it is further,

ORDERED on the court's own motion, the appellant's time to serve and file his brief is enlarged until January 30, 2004, and the appellant shall serve and file his brief on or before that date; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5297

F/

LEO F. McGINITY, J.

2003-06047 The People, etc., plaintiff, v Derek Rawlings, defendant. (Ind. No. 2924/88)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated May 28, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

LEO F. McGINITY

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5298

F/

LEO F. McGINITY, J.

2003-04478 The People, etc., plaintiff, v Carlos Sanchez, defendant. (Ind. No. 2583-92)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated April 28, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

LEO F. McGINITY

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5296

F/

LEO F. McGINITY, J.

2003-02653 The People, etc., plaintiff, v Terry Simmons, defendant. (Ind. No. 1031-94)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated February 27, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

LEO F. McGINITY

Associate Justice