APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5869

S/sl

2003-03697 James Abenante, et al., respondents, v Star Gas Corporation, etc., appellant. (Index No. 6525/97)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Orange County, dated March 13, 2003.

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

M5293

M/sl

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2002-10210, 2003-01563 Anonymous, et al., respondents, v Dobbs Ferry Union Free School District, et al., defendants, Steven Nowicki, appellant. (Index No. 2675/00)

DECISION & ORDER ON MOTION

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, Westchester County, entered September 19, 2002, and January 13, 2003, respectively.

ORDERED that on the court's own motion, the appellant's time to perfect the appeal from the order entered September 19, 2002, is enlarged until February 10, 2004, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal from the order entered January 13, 2003, is enlarged until February 10, 2004, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is otherwise denied as academic.

PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5868

S/sl

2003-04463 Giovanni Arcuri, et al., plaintiffs-respondents, v Evelyn Ramos, et al., defendants-respondents, Triborough Bridge and Tunnel Authority, appellant. (Index No. 13892/99)

ORDER ON APPLICATION

Application by the plaintiffs-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, Queens County, dated March 3, 2003.

ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until January 26, 2004, and the plaintiffs-respondents' brief shall be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5865

S/sl

2003-03155 Nedenia Price Cohn, appellant, v Donald E. Cohn, respondent. (Index No. 32079/01)

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 an order of the Supreme Court, Kings County, dated January 21, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 1, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5753

E/sl

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2003-02776 Marilyn S. Faust, respondent, v Peter D. Wolf, appellant. (Index No. 10961/00)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Westchester County, entered February 13, 2003, inter alia, in effect, to strike Point I of the appellant's brief and to enlarge the time to serve and file a brief.

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

ORDERED that those branches of the motion which are to strike Point I of the appellant's brief and to enlarge the time to serve and file a brief is granted; and it is further,

ORDERED that on or before January 9, 2004, the appellant shall remove Point I on pages 5-6 from the copies of his brief on file with this Clerk of this court, or shall serve and file a replacement brief that does not contain Point I; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until February 9, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5582

S/sl

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2003-02256 James Gatto, et al., appellants-respondents, v Gerald Turano, et al., respondents, PLP Composite Tech Corporation, respondent- appellant. (Index No. 12010/00)

DECISION & ORDER ON MOTION

Application by the respondent Carl Cruger s/h/a Carl Kruger, 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 February 24, 2003.

ORDERED that on the court's own motion, the cross appeal of PLP Composite Tech Corp. is dismissed for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8 [c][3]); and it is further,

ORDERED that the application is granted and the time of the respondent Carl Cruger s/h/a Carl Kruger to serve and file a brief is enlarged until December 31, 2003, and that respondent's brief must be served and filed on or before that date.

PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5855

S/sl

2003-01682 ORDER ON APPLICATION Internet Homes, Inc., appellant, v Joseph Vitulli, et al., respondents. (Index No. 25939/00)

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, Queens County, dated January 27, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 31, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5821

M/sl

2003-04248 JFK International Air Terminal, LLC., respondent, v New York State Department of Taxation and Finance, etc., et al., appellants. (Index No. 25816/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 13, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 16, 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 respondent's time to serve and file its brief on the appeal is enlarged until March 1, 2004, and the reply brief, if any, shall be served and filed on or before March 15, 2004.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5876

S/sl

2003-03874 Eric Manuel, et al., appellants-respondents, v City of New York, respondent, Michael Miu, respondent-appellant. (Index No. 9292/99)

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 an order of the Supreme Court, Kings County, dated March 13, 2003.

ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until February 20, 2004, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5862

S/sl

2003-05868 Jose Ortiz, Jr., etc., et al., appellants, v Kim Tong Hwan, respondent. (Index No. 32644/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 30, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 25, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5825

O/mv

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-10638 Deonarine Ramnarain, plaintiff-respondent, v Chandradat Ramnarain, appellant, Greenpoint Mortgage Corp., defendant-respondent. (Index No. 24620/98)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated December 4, 2003, pending hearing and determination of an appeal therefrom, and cross motion by the plaintiff-respondent to deem the subject premises to be deeded solely in his name.

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 is granted and enforcement of the order dated December 4, 2003, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 20, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 20, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the cross motion is denied.

ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5805

E/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

WILLIAM D. FRIEDMANN

STEPHEN G. CRANE, JJ.

2002-09257 Geraldine Rini, etc., et al., appellants, v Richard Blanck, et al., respondents. (Index No. 5063/91)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated September 30, 2003, inter alia, to strike stated portions of the respondents' appendix on the ground that it contains matter dehors the record and to enlarge the time to serve and file a reply brief.

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 strike pages 326-386 of the respondents' appendix is granted, and on or before January 5, 2004, the respondents shall remove those pages from the copies of the respondents' appendix filed with the Clerk of this court, or shall serve and file a replacement respondents' appendix that does not contain the stricken material; and it is further,

ORDERED that on the court's own motion, the first paragraph on page 18 of the respondents' brief, beginning with the words "subsequent to the mistrial," through "prepared to try the case (RA369-386)," is stricken, and on or before January 5, 2004, the respondents shall remove that portion of the first paragraph on page 18 of the respondents' brief from the copies of the respondents' brief filed with the Clerk of the court, or shall serve and file a replacement brief that does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the time to serve and file a reply brief is enlarged to January 20, 2004, and the reply brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5874

S/sl

2003-05361 Judith Salgado, appellant, v Geraldine B. Ring, et al., respondents. (Index No. 15023/01)

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 February 21, 2003.

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

M5871

S/sl

2003-02400 Anna Troise, et al., respondents-appellants, v New Water Street Corporation, appellant- respondent, International Services Systems, respondent. (Index No. 46507/97)

ORDER ON APPLICATION

Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated February 27, 2003.

ORDERED that the application is granted and the respondents-appellants' shall serve and file their answering brief, including their points of argument on the cross appeal, on or before February 13, 2004 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5850

S/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

SANDRA L. TOWNES, JJ.

2003-04568, 2003-05327, 2003-08908 Edward Wengenroth, etc., appellant-respondent, v Formula Equipment Leasing, Inc., defendant third-party plaintiff respondent-appellant, Mega Corp., et al., respondents-appellants; Town of Clarkstown, et al., defendants third-party defendants-respondents. (Index No. 6150/00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order dated December 11, 2003, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal and cross appeals from an order of the Supreme Court, Rockland County, dated May 9, 2003, and an appeal from an order of the same court dated September 15, 2003.

Now on the court's own motion, it is

ORDERED that the appeal from the order dated May 9, 2003, pending under Appellate Division Docket No. 2003-05327, is dismissed, without costs or disbursements, as that appeal is a duplicate of the appeal pending under Appellate Division Docket No. 2003-04568; and it is further,

ORDERED that the record filed by the appellant-respondent is deemed to be the joint record on appeal and on or before December 26, 2003, the appellant-respondent shall serve and file a supplemental record containing the notices of cross appeal; and it is further,

ORDERED that at the time the respondents-appellants file their respective briefs they shall file proof with the Clerk of this court that they have paid their respective shares of the cost of the joint record on appeal; and it is further,

ORDERED that the application is granted and the time of the parties to serve and file their respective briefs is enlarged; the respondent-appellant Formula Equipment Leasing, Inc., shall serve and file its answering brief, including its points of argument on its cross appeal, on or before January 31, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondents-appellants Mega Corp. and Caterpillar, Inc., shall serve and file their answering briefs, including their points of argument on their cross appeals, on or before March 3, 2003 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondents shall serve and file their briefs on or before April 2, 2004; the appellant-respondent shall serve and file his reply brief on or before May 3, 2004; and the respondents-appellants shall serve and file their reply briefs on or before May 18, 2004.

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

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5866

O/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2003-10276, 2003-10277, 2003-10278 John Witiuk, respondent, v Suzanne Bicjan, appellant. (Index No. 12550/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this court from three orders of the Supreme Court, Queens County, dated September 3, 2003, October 23, 2003, and November 13, 2003, respectively, and to stay eviction proceedings in the above-entitled action pending hearing and determination of the appeals.

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 for leave to appeal is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied.

ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5852

S/sl

2003-05444 In the Matter of Gregory Chrysler, appellant, v Town of Newburgh Police Department, et al., respondents. (Index No. 893/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, dated April 1, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 30, 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

M5754

T/sl

MYRIAM J. ALTMAN, J.P.

BARRY A. COZIER

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-09602 In the Matter of Talisha L. (Anonymous). Administration for Children's Services, et al., respondents; Erica L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Calo L. (Anonymous). Administration for Children's Services, et al., respondents; Erica L. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-772-00,N-773-00, V-9211-00, G-5425-02 G-542-6-02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated September 6, 2002, for leave to reargue a motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, which was determined by decision and order on motion of this court dated May 2, 2003.

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

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

ORDERED that the 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:

Robert J. Marinelli, Esq.

50 Court Street - Suite 506

Brooklyn, New York 11201

(718) 624-9391

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., COZIER, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5863

S/sl

2003-04435 In the Matter of Sheldon S. (Anonymous), appellant; Commissioner of Mental Health, et al., respondents. (Index No. 2624/99)

ORDER ON APPLICATION

Application by 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, Kings County, dated March 25, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 26, 2004, and the respondents' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5760

O/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

BARRY A. COZIER, JJ.

2003-04164 In the Matter of Jacqueline Williams, et al., respondents, v Anne O'Toole, appellant. (Docket Nos. V-2339/01, V-2339/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Nassau County, dated March 24, 2003, inter alia, for leave to reargue a motion for a stay, which was determined by decision and order on motion of this court dated November 7, 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.

RITTER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5614

F/

DANIEL F. LUCIANO, J.

2003-08144 The People, etc., plaintiff, v Jose Diaz, defendant. (Ind. No. 4070/95)

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 23, 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.

DANIEL F. LUCIANO

Associate Justice