APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5499

V/

2003-04243 Allstate Insurance Company, appellant, v Maria Caicedo, et al., respondents. (Index No. 17100/02)

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M5487

V/

2003-07420 American Independent Paper Mills Supply Company, Inc., appellant, v County of Westchester, et al., respondents. (Index No. 8524/03)

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 1, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5465

L/

2003-04659 Ted Barnett, et al., respondents, v Jeffrey L. Schwartz, et al., appellants. (Index No. 15391/02)

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 April 3, 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ORDERED that the application is granted and the appeal is marked withdrawn.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

M5488

V/

2003-07375 Rosalba Bizzarro, respondent, v Claudette Anderson, etc., defendant, Mt. Vernon Hospital, et al., appellants. (Index No. 11530/01)

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 July 16, 2003.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5461

L/

2003-07576 Floyd Bolde, et al., respondents, v Apple Valley Corporation, et al., appellants. (Index No. 1653/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated July 11, 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

M5460

L/

2003-07886 Giuliana Bonavita, etc., et al., appellants, v Dianon Systems, et al., respondents. (Index No. 18774/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Westchester County, dated July 29, 2003.

Upon the stipulation of the parties, dated October 10, 2003, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5484

V/

2003-07977 Troy Butler, respondent, v Town of Smithtown, appellant. (Index No. 2383/00)

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 July 30, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5495

V/

2003-09146 Chi Yoon Lee, respondent, v New Sunrise Realty, Inc., appellant. (Index No. 17972/02)

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 September 12, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5464

V/

2003-05261 E.L. Capital, Inc., respondent, v Donise Comer, appellant. (Index No. 49323/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated May 8, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5489

V/

2003-07295 First Industrial, L.P., respondent, v Lifestar Response Corporation, appellant. (Index No. 11503/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated August 1, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5524

O/sl

MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-05956 Robert Goll, et al., respondents, v American Broadcasting Companies, Inc., et al., defendants third-party plaintiffs- appellants; Walton Hauling & Warehouse Corp., third-party defendant-appellant. (Index No. 10868/98)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-appellants and cross motion by the third-party defendant-appellant, inter alia, to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Queens County, dated June 6, 2003.

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

ORDERED that the motion and the cross motion are denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5043

V/

2003-06219 Thurman Jackson, et al., appellants, v William House, et al., defendants, City of New York, Human Resources Administration, respondent. (Index No.15521/94)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 19, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5522

S/sl

2003-05296 Nilda Jones, et al., appellants, v New York City Health and Hospitals Corporation, et al., respondents. (Index No. 27303/97)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 1, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 9, 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

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5491

V/

2003-06022 Key Bank National Association, respondent, v Harry L. Stern, et al., appellants. (Index No. 6374/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Sara M. Stern to withdraw an appeal from an order of the Supreme Court, Rockland County, dated May 27, 2003.

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

ORDERED that the application is granted and the appeal by Sara M. Stern is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5498

V/

2003-01983 Knesses Israel of Sea-Gate, Inc., respondent, v Mesivta of Sea-Gate, Inc., appellant. (Index No. 43114/01)

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 January 13, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5463

L/

2003-09738, 2003-09740 Ester Lazar, plaintiff-respondent, v Kwon's Corporation, defendant third-party plaintiff- respondent, Door Max, Inc., defendant-respondent; Overhead Door Corporation, third-party defendant- appellant, et al., third-party defendant. (Index No. 22518/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from two orders of the Supreme Court, Queens County, dated August 25, 2003 and October 23, 2003, respectively.

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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5482

V/

2003-06551 Boris Lerman, et al., plaintiffs-respondents, v Joseph Goldberger, et al., defendants- respondents, Gary Pollack, appellant. (Index No. 88675/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated June 17, 2003.

Upon the stipulation of the parties, dated October 28, 2003, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5339

O/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

LEO F. McGINITY

REINALDO E. RIVERA, JJ.

2003-08339, 2003-09523 Suzanne Manning, etc., et al., respondents- appellants, v Brookhaven Memorial Hospital Medical Center, et al., defendants, Kitti Loychusuk, appellant-respondent. (Appeal No. 1) Suzanne Manning, etc., et al., respondents, v Brookhaven Memorial Hospital Medical Center, et al., defendants, Kitti Loychusuk, appellant. (Appeal No. 2) (Index No. 25589/97)

DECISION & ORDER ON MOTION

Motion by Suzanne Manning and Maureen Manning, the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated September 9, 2003 (Appellate Division Docket No. 2003-08339), and an appeal from an order of the same court dated October 22, 2003 (Appellate Division Docket No. 2003-09523), to vacate a stay of the retrial of the above-entitled action which was granted by decision and order on motion of this court dated October 21, 2003, on the ground that the stay is no longer warranted in light of the order dated October 22, 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 on condition that the appellant Kitti Loychusuk perfects the appeal from the order dated October 22, 2003, on or before January 5, 2004.

SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5483

V/

2003-05233 Carol Marsh, et al., appellants, v Stuart Chassen, etc., respondent. (Index No. 5581/92)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 20, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5466

L/

2003-07460 Thomas May, et al., respondents, v G&G Properties, LLC, appellant. (Index No.9107/01)

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 July 2, 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

M5458

L/

2003-03726 Mark Medin, et al., appellants, v Clara Ingwer, et al., respondents. (Index No. 19414/02)

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 April 3, 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

M5479

V/

2003-02696 Multax Corporation, appellant, v Catherine S. Jackson, etc., et al., respondents. (Index No. 25870/00)

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 February 24, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5462

V/

2003-04721 New York Hospital Medical Center of Queens, a/a/o Sam Berger, respondent, v Country-Wide Insurance Company, appellant. (Index No. 12418/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated April 2, 2003.

Upon the stipulation of the parties, dated December 1, 2003, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5469

V/

2003-04745 New York and Presbyterian Hospital, et al., respondents, v Countrywide Insurance Company, appellant. (Index No. 16456/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated April 10, 2003.

Upon the stipulation of the parties, dated December 1, 2003, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5517

S/sl

2003-05148 Tanya Ostashko, respondent, v Vladimir Ostashko, defendant; Zuritta-Teks, Ltd., nonparty-appellant. (Index No. 5175/98)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated May 27, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 9, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5511

CF/

2003-05565 Pasquale Palumbo, appellant, v Paramount Tortellini, Inc., et al., respondents. (Index No. 2518/02)

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 September 12, 2002.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5486

V/

2003-04768 Eric M. Pozowicz, respondent, v Joan A. Lopez, appellant. (Index No. 5864/94)

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 April 11, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5509

CF/

2003-08516 Linda Purcell, respondent, v New York Central Mutual Fire Insurance Company, appellant. (Index No. 1929/02)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5485

V/

2003-04914 Chrystal Putkowski, appellant, v Odd Job Trading Corp., et al., respondents. (Index No. 10958/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated March 24, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5471

V/

2003-02489 Christian Sanchez, et al., appellants, v Wilson-Mer Associates, Inc., et al., respondents. (Index No. 21426/96)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 23, 2002.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5494

V/

2003-06352, 2003-08603 Siegel Fenchel & Peddy, P.C., respondent, v Schroder & Strom, LLP, et al., appellants. (Index Nos. 390/01, 10521/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeals from two orders of the Supreme Court, Nassau County, dated June 18, 2003, and August 22, 2003, respectively.

Upon the stipulation of the parties, dated November 12, 2003, it is

ORDERED that the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5510

CF/

2003-07454 Scott A. Smolka, appellant, v Sarah A. Church, respondent. (Index No. 22297/02)

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 30, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5520

S/sl

2003-06718 ORDER ON APPLICATION Hughnel E. Steers III, appellant, v Teresa Primrose, respondent. (Index No. 018579/01)

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

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 15, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5478

V/

2003-05080 Brett H. Teger, et al., appellants, v Richard V. Healy, et al., respondents. (Index No. 21403/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Frank Giordano to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 14, 2003.

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

ORDERED that the application is granted and the appeal by Frank Giordano is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5523

S/sl

2003-01359, 2003-03098 Rosemary Toriola, appellant, v Joseph Kahen, et al., respondents. (Index No. 18568/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated January 2, 2003, and February 20, 2003, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeals is enlarged until December 31, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5470

V/

2003-10187 Maciel Torres, et al., respondents, v Aurelio Rodriguez, et al., defendants, 122-124 Orchard Corp., appellant. (Index No. 23823/99)

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 12, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5472

V/

2003-08780 Dorrett Williams, et al., appellants, v Sally A. Kroger, et al., respondents. (Index No. 26182/02)

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 August 26, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5492

V/

2003-04231, 2003-04694 Telelia Williams, respondent, v Sanjay Sahay, et al., defendants, Andrew Marks, et al., appellants. (Index No. 22969/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Jamaica Dental Center to withdraw appeals from two orders of the Supreme Court, Queens County, both dated February 13, 2003.

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

ORDERED that the application is granted and the appeals by Jamaica Dental Center are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5395

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-08887, 2003-08890, 2003-08891, 2003-08893 In the Matter of Jordan Amir B. (Anonymous). Westchester County Department of Social Services, respondent; Larkeia B., (Anonymous), appellant. (Proceeding No. 1) In the Matter of Lafvorne Levi B. (Anonymous). Westchester County Department of Social Services, respondent; Larkeia B., (Anonymous), appellant. (Proceeding No. 2) In the Matter of Tamell Rashod B. (Anonymous). Westchester County Department of Social Services, respondent; Larkeia B., (Anonymous), appellant. (Proceeding No. 3) In the Matter of Lashawn Tajuana Mc. (Anonymous). Westchester County Department of Social Services, respondent; Larkeia B., (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. B-135-01, B-136-01, B-114-02)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant for leave to prosecute appeals from four orders of the Family Court, Westchester County, all dated August 20, 2003, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:

Anne R. Mueller, Esq.

222 Mamaroneck Avenue - Suite 104

White Plains, New York 10605

(914) 949-0777

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5456

L/

2002-04851 In the Matter of Jennifer D. (Anonymous). Suffolk County Department of Social Services, respondent; Shannon W. (Anonymous), appellant. (Docket No. N-2360/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated April 25, 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

M5457

L/

2002-08181, 2002-10781 In the Matter of Jennifer D. (Anonymous). Suffolk County Department of Social Services, respondent; Shannon W. (Anonymous), appellant. (Docket Nos. B-5463-02, B-5464-02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from an order of the Family Court, Suffolk County, dated July 23, 2002 and an order of the same court entered October 18, 2002, respectively.

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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5444

F/

ANITA R. FLORIO, J.P.,

DANIEL F. LUCIANO

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-09270 In the Matter of Hason Gibson, respondent, v Nakia Nolcox, appellant. (Docket No. V-472-02)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the Law Guardian to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Orange County, dated September 2, 2002.

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

ORDERED that the motion is granted, and the Law Guardian, Michelle Stevenson, Esq., Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child:

Hal B. Greenwald, Esq.

35 East Grassy Sprain Rd. - Suite 507

Yonkers, New York 10710

(914) 793-3700

FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5442

F/

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-04554 In the Matter of Luz Ingravera, respondent, v Marvin Goss, appellant. (Docket No. P-6843-00)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated December 23, 2002, 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 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

 ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Jeffrey Bluth, Esq.

415 Albermarle Road

Brooklyn, New York 11218

(718) 435-5357

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); 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.

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN, and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5386

E/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2002-10957 In the Matter of Elizabeth James, appellant, v Dan Hickey, respondent.(Docket No. V-8139/02)

DECISION & ORDER ON MOTION

Motion by the Law Guardian to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Suffolk County, entered November 14, 2002.

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

ORDERED that the motion is granted, and the Law Guardian, Robert T. Fuchs, 256C Orinco Drive, P.O. Box 322, Brightwaters, N.Y., is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child:

Arza Rayches Feldman, Esq.

300 Rabro Drive

Hauppauqe, New York 11788

(631) 272-5207

and it is further,

 ORDERED that the Law Guardian's time to serve and file a brief is enlarged until January 26, 2004, and the brief shall be served and filed on or before that date.

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5516

O/sl

MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-07521 In the Matter of Kevin Josey, appellant, v Eula Bailey, respondent. (Docket Nos. V-1695/03, V-04803/03)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Nassau County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Nassau County, dated July 15, 2003, and to grant the appellant leave to prosecute the appeal as a poor person.

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 relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before December 26, 2003, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before January 16, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5382

F/

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-09878 In the Matter of Eric K. (Anonymous), appellant. (Docket No. D-23557-02)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated November 5, 2003, 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 relation thereto, it is

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

 ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Mark W. Brandys, Esq.

26 Court Street - Suite 1215

Brooklyn, New York 11242

(718) 624-4010

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); 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.

FLORIO, J.P., LUCIANO, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5410

A/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2003-08090 In the Matter of Gerald Kirkpatrick, petitioner, v Brion D. Travis, etc., respondent. (Index No. 2121/03)

DECISION & ORDER ON MOTION

Motion by the petitioner for a preference in the calendaring of a proceeding pursuant to CPLR article 78, which was transferred to this court by order of the Supreme Court, Dutchess County, dated August 12, 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 denied.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5500

V/

2003-08088 In the Matter of Anthony Glen Lizardi, respondent, v Jennifer Rodriguez, appellant. (Docket Nos. V-04783/02, V-04784/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated August 12, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5393

A/sl

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-08424, 2003-08426 In the Matter of Jo Ann Monticciolo, respondent, v Alfred Saracco, appellant.

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court (Docket No. F-1125/98)

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Richmond County, dated June 9, 2003, and August 22, 2003, respectively, and to grant the appellant leave to prosecute the appeals as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before December 30, 2003, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before January 29, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5218

E/sl

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-08411, 2003-08412 In the Matter of Arial Ana O. (Anonymous). Administration for Children's Services, petitioner-respondent; Milagros O. (Anonymous), appellant, et al., respondent. (Docket No. B-15842/00) In the Matter of Cristal Lee O. (Anonymous). Administration for Children's Services, petitioner-respondent; Milagros O. (Anonymous), appellant, et al., respondent. (Docket No. B-15841/00)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Queens County, both dated September 5, 2003 (one in each proceeding), as a poor person, for the assignment of counsel, and for a preference in the calendaring of the appeals

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

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

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

 ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:

Lewis S. Calderon, Esq.

90-50 Parsons Blvd. No. 401

Jamaica, New York 11432

(718) 868-8456

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken; and it is further,

ORDERED that the appeals will be calendared when they are fully perfected.

FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5443

F/

MYRIAM J. ALTMAN, J.P. HOWARD MILLER

THOMAS A. ADAMS

WILLIAM F. MASTRO, JJ.

2003-07136 In the Matter of Carlos P. (Anonymous), appellant. (Docket No. D-3242-03)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated October 10, 2003, is recalled and vacated and the following decision and order is substituted therefor:

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Orange County, dated August 13, 2002, 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 relation thereto, it is

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

ORDERED that the Law Guardian, Gilbert A. Taylor, Children's Rights Society, Inc., 213 West Main St., P.O. Box 1002, Goshen, N.Y., 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:

John A. Pappalardo, Esq.

200 East Post Road

White Plains, New York 10007

(914) 761-9400

and it is further,

ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.

ALTMAN, J.P., H. MILLER, ADAMS and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5378

F/

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-08566 DECISION & ORDER ON MOTION In the Matter of Antoinette Pantoliano, respondent, v Wilfredo Rodriguez, appellant. (Docket No. F-258/01)

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Richmond County, dated September 12, 2003, 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 branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,

ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).

FLORIO, J.P., LUCIANO, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5396

A/sl

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-06751, 2003-06754, 2003-06755 In the Matter of Elizabeth Susanna R. (Anonymous), Motion by Counsel t a/k/a Elizabeth R. (Anonymous). Of Assignment - Saint Dominic's Home/Commissioner of Social Services, respondent; Victor R. (Anonymous), a/k/a Victor Hugo R. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-25036-02) In the Matter of Victor Manuel R. (Anonymous), a/k/a Victor R. (Anonymous). Saint Dominic's Home/Commissioner of Social Services, respondent; Victor R. (Anonymous), a/k/a Victor Hugo R. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-25037-02) In the Matter of Ruben Leonel R. (Anonymous), a/k/a Ruben R. (Anonymous). Saint Dominic's Home/Commissioner of Social Services, respondent; Victor R. (Anonymous), a/k/a Victor Hugo R. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-25038-02)

DECISION & ORDER ON MOTION o be Relieved Family Court

 Motion by counsel assigned to represent the appellant in proceedings before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute appeals from three orders of the Family Court, Kings County, all dated June 23, 2003, and to grant the appellant leave to prosecute the appeals as a poor person.

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

ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before December 30, 2003, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeals and leave to prosecute the appeals as a poor person are denied with leave to the appellant to renew, on or before January 29, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeals.

FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5477

E/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-10357 In the Matter of Peter R. (Anonymous). Administration for Children's Services, appellant; Stacey R. (Anonymous), et al., respondents. (Docket No. N-16123/01) In the Matter of Matthew R. (Anonymous). Administration for Children's Services, appellant; Stacey R. (Anonymous), et al., respondents. (Docket No. N-16124/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated November 24, 2003, to stay enforcement of the order and to continue the order remanding the subject children to the appellant's care and custody with visitation to the respondents supervised by the Administration for Children's Services pending hearing and determination of the appeal.

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

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

ORDERED that enforcement of the order dated November 24, 2003, is stayed and the order remanding the subject children to the appellant's care and custody is continued with visitation to the respondents supervised by the Administration for Children's Services, pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 9, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 9, 2004, the court, on its own motion, may vacate the stay and the provisions relating to custody and visitation, or the respondent may move to vacate the stay and the provisions relating to custody and visitation for temporary custody, on three days notice.

RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5481

V/

2003-06508 In the Matter of Rolling River Associates, Ltd., respondent, v Murray Eskenazi, et al., appellants. (Index No. 16903/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated May 22, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5521

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-10720 In the Matter of Joan T. (Anonymous), appellant; Pamela Weinberg, etc., petitioner-respondent. (Index No. 21485/97)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated November 25, 2003, pending hearing and determination of an appeal therefrom, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal on the original papers.

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 enforcement of the order dated November 25, 2003, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 5, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 5, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the appeal will be calendared when it is fully perfected; and it is further,

ORDERED that the petitioner-respondent shall serve and file its brief on or before January 26, 2004, and the appellant shall serve and file its reply brief on or before February 3, 2004; 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.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5459

V/

2003-07687 In the Matter of Jed L. Turk, respondent, v Jagdish C. Wadhwa, appellant. (Index No. 5102/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated August 26, 2003.

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

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5375

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-08666 The People, etc., respondent, v Kaleb Galloway, appellant. (Ind. No. 58/03)

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 an amended judgment of the County Court, Dutchess County, rendered September 23, 2003, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any 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 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:

Arza R. Feldman, Esq.

300 Rabro Drive

Hauppauge, New York 11788

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 5241

Downstate Corr. Fac.

P.O. Box 445

Fishkill, New York 12524

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5391

E/sl

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2001-10012, 2001-10014 The People, etc., respondent, v Troy Magee, appellant. (Ind. Nos. 2077/00, 1932/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeals from two judgments of the County Court, Suffolk County, both rendered October 29, 2001, to enlarge the time to serve and file a supplemental brief, and to enlarge the judgment roll to include certain pretrial hearing exhibits.

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

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

ORDERED that the judgment roll is enlarged to include the following:

(1) the defendant's Miranda card, People's Exhibit 1;

(2) the defendant's written statement dated September 14, 2000, People's Exhibit 2;

(3) a sketch dated September 14, 2000, People's Exhibit 3;

(4) photograph, People's Exhibit 4;

(5) consent to search form, People's Exhibit 5;

(6) the defendant's video statement refusal form, People's Exhibit 6;

(7) photograph array, People's Exhibit 7; and it is further,

ORDERED that the defendant shall attach a copy of each exhibit as an appendix to each copy of the supplemental pro se brief to be filed with the Court; and it is further,

ORDERED that the appellant's supplemental pro se brief shall be served and filed on or before January 30, 2004; and it is further,

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

FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

01-A-6031

Shawangunk Correctional Facility

Box 700

Wallkill, NY 12589

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5480

V/

2002-08098 The People, etc., respondent, v Henry Matthews, appellant. (Ind. No. 1213/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Kings County, rendered April 24, 2002.

Upon the stipulation of the parties, dated November 12, 2003, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5435

F/

NANCY E. SMITH, J.

2003-07902 The People, etc., plaintiff, v Gregory Phillips, defendant. (Ind. No. 5834/97)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 10, 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.

NANCY E. SMITH

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5439

F/

DAVID S. RITTER, J.

2003-07947 The People, etc., plaintiff, v Jose Pineda, defendant. (Ind. No. 24/99)

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, Dutchess County, dated July 22, 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.

DAVID S. RITTER

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5440

F/

FRED T. SANTUCCI, J.

2003-07936 The People, etc., plaintiff, v Anthony Ross, defendant. (Ind. No. 4000/88)

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, Kings County, dated July 3, 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.

FRED T. SANTUCCI

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5438

F/

DAVID S. RITTER, J.

2003-08116 The People, etc., plaintiff, v Gerald Smith, defendant. (Ind. No. 2492/80)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 8, 2003, which has been referred to me for determination.

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

ORDERED that the application is denied.

DAVID S. RITTER

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5411

A/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

HOWARD MILLER

SANDRA L. TOWNES, JJ.

2002-08867 The People, etc., respondent, v Rasheem Thomison, appellant. (Ind. No. 37/02)

DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered September 19, 2002, and for the assignment of new counsel.

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

ORDERED that the motion is denied, with leave to the appellant pro se to serve and file a supplemental brief; 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.

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

ENTER:

James Edward Pelzer

Clerk