Appellate Division: Second Judicial Department

M33018

CF/

2005-04824 Maryann Lengefeld Arena, et al., plaintiffs- respondents, v Stewart Avenue Realty, LLC, defendant third-party plaintiff-respondent; VTA Contracting Corp., defendant fourth-party plaintiff-respondent; CJV Mason Contractor, Inc., fourth-party defendant-appellant. (Index No. 28272/99)

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 5, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33007

CF/

2005-07001 Alice Bauer, appellant, v Stony Point Pizza Corporation, d/b/a Bocci's Italian Village, respondent. (Index No. 4715/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated May 31, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33068

S/sl

2005-04544 Capstone Enterprises of Port Chester, Inc., appellant, v Valhalla Union Free School District, respondent. (Index No. 19871/04)

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, Westchester County, dated April 1, 2005.

ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32965

S/sl

2005-05421 James Connor, appellant-respondent, v Zapco 1500 Investment, LP, et al., respondents, Casalino Interior Demolition Corp., respondent- appellant. (Index No. 41165/98)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 16, 2005.

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until January 23, 2006, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33033

CF/

2005-07716 Johnnie R. Dumas, respondent, v City of New York, appellant. (Index No. 35844/01)

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 June 22, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33002

CF/

2005-07698, 2005-07701 Samantha Galante, et al., respondents, v Heather Workman, et al., appellants. (Index No. 3411/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw appeals from a decision of the Supreme Court, Nassau County, dated June 21, 2005, and an order of the same court, dated July 1, 2005.

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 are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33016

CF/

2005-03584 Thomas Galvin, appellant, v Nassau County, et al., respondents. (Index No. 15809/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated March 15, 2005.

Upon the stipulation of the parties, dated October 11, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33022

CF/

2005-04244 Lynda Geraci, et al., appellants, v Great Atlantic & Pacific Tea Company, Inc., d/b/a Waldbaum, Inc., et al., respondents. (Index No. 10555/03)

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 March 11, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33070

T/sl

ROBERT W. SCHMIDT, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2004-05668, 2005-02529 Sinclair Haberman, respondent, v City of Long Beach, et al., appellants. (Index No. 2715/00)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to serve and file a supplemental brief on appeals from two orders of the Supreme Court, Nassau County, dated April 1, 2004, and January 20, 2005, respectively.

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

ORDERED that the motion is denied.

SCHMIDT, J.P., MASTRO, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33029

CF/

2005-08966 Renee Harel, appellant, v Gad Harel, respondent. (Index No. 5437/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated August 12, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32993

S/sl

2005-05003 Kevin Jones, et al., plaintiffs-respondents, v John J. Ricciardelli, etc., et al., appellants, North Shore Medical Associates, et al., defendants-respondents. (Index No. 11456/99)

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, Suffolk County, dated May 3, 2005.

ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until January 23, 2006, and the plaintiffs-respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33044

CF/

2005-05940 Baruch Kassover, et al., plaintiffs-respondents, v Aviva L. Barrish, et al., defendants, respondents, Huntington National Bank, appellant. (Index No. 5183/03)

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 May 12, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33009

CF/

2005-07893 Kelly & Amal, Inc., d/b/a Re/Max Today, respondent, v Sergiu Cernasov, et al., appellants. (Index No. 5471/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated July 29, 2005.

Upon the stipulation of the parties, dated November 4, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33021

CF/

2005-04629 Richard S. Kramisen, plaintiff, v Eric Mann, et al., defendants, 80-28 Guernsey Street Associates, LLC, defendant third- party plaintiff-appellant; G. Ramma Construction Enterprises, Inc., third-party defendant-respondent. (Index No. 46258/03)

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 February 22, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32913

T/sl

2005-02542 Angela Kraus, appellant, v David Kraus, respondent. (Index No. 202285/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, entered February 4, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 17, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32960

S/sl

2005-05404 Anna Kuczek, respondent, v Malewski, Malewski & Boccio, et al., appellants. (Index No. 21060/04)

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 18, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 23, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32991

S/sl

2005-04771 Lucio Laduca, respondent, v Levidow, Levidow & Oberman, etc., et al., appellants (and third-party actions). (Index No. 42874/01)

ORDER ON APPLICATION

Application by the appellants David Levidow, Richard Levidow, Richard Oberman, and Levidow, Levidow, & Oberman, P.C., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file reply brief on appeals from an order of the Supreme Court, Kings County, dated May 3, 2005.

ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33010

CF/

2005-08552 Madeline Madaffari, respondent, v North Shore University Hospital, appellant. (Index No. 3839/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 16, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33003

CF/

2005-01751 Maria Jill Mandresh, respondent, v Douglas Mandresh, appellant. (Index No. 17380/04)

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 1, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32957

S/sl

2005-06634 Martin Goldman, LLC, appellant, v Yonkers Industrial Development Agency, et al., respondents. (Index No. 11730/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated June 14, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 6, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33047

CF/

2005-06672 Jade Mays, et al., appellants, v Albert Transon, et al., respondents. (Index No. 13558/03)

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 June 8, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32967

S/sl

2005-03816 Joan McKenzie, appellant, v Meridian Capital Group, LLC, respondent. (Index No. 28593/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 24, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 20, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33034

CF/

2005-09193 John P. McVey, respondent, v City of White Plains, defendant, MTA Metro-North Railroad, appellant. (Index No. 19149/03)

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 August 5, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33024

CF/

2005-07067 Massimo A. Papasidero, appellant, v v Seymour Cohn, et al., respondents. (Index No. 12141/04)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated May 31, 2005.

Upon the stipulation of the parties, dated November 2, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32970

S/sl

2004-10448 People of the State of New York, respondent, v Stephen Graeber, appellant.

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 County Court, Westchester County, dated November 8, 2004.

ORDERED that the application is granted and 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 his brief on the appeal is enlarged until January 3, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33035

CF/

2005-05086 Mark Poole, et al., appellants, v Palisades Eklecco Corp., et al., respondents. (Index No. 4673/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Rockland County, dated April 26, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33015

CF/

2005-07540 Tonio Pulvirenti, appellant, v Rebecca Pulvirenti, respondent. (Index No. 24011/04)

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 1, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33004

CF/

2005-09118 Josef Ribak, respondent, v Vincent Coke, et al., appellants, et al., defendant. (Index No. 37458/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated August 12, 2005.

Upon the stipulation of the parties, dated November 10, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33052

A/sl

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-10286 Oscar Ruiz, plaintiff, v Jawonio, Inc., defendant; Stanley A. Tomkiel, III, nonparty-respondent; John R. Kelligrew, etc., nonparty-appellant. (Index No. 1002/03)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay enforcement of a judgment of the Supreme Court, Westchester County, dated October 19, 2005, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33008

CF/

2005-05871, 2005-05886 Margaret Seiter, et al., respondents-appellants, v Thomas A. Piserchia, etc., appellant-respondent, et al., defendants. (Index No. 2927/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent and the respondents-appellants to withdraw appeals and cross appeals from two orders of the Supreme Court, Orange County, both dated March 25, 2005.

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 and cross appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33040

CF/

2005-06705 Showbest Fixtures Corp., plaintiff-respondent, v BFF Acquisitions Corp., defendant; Summit Promotions, LLC, nonparty-appellant. (Index No. 21949/04)

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 7, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33041

CF/

2005-06724 Claire Sidi, respondent, v IFR Furniture Outlet, LLC, appellant. (Index No. 13938/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 23, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33017

CF/

2005-06297 Anthony Stepke, appellant, v Boundary Fence & Railing Systems, Inc., respondent. (Index No. 16436/03)

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 May 26, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32862

M/nal

2005-01859, 2005-01860 Uri Tornheim, appellant, v Doreen Tornheim, respondent. (Index No. 29640/99)

SCHEDULING ORDER

Appeals by Uri Tornheim from two orders of the Supreme Court, Kings County, dated December 15, 2004, and January 21, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on September 2, 2005, and the respondent's brief was served and filed on October 18, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeals is enlarged until December 16, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33090

M/nal

2005-05280 Panormitis Tsagkaris, respondent, v City of New York, defendant, Metropolitan Transportation Authority, et al., appellants. (Index No. 25720/04)

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 23, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 24, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32963

S/sl

2005-05423 Daniel Vallecillo, respondent, v Victor O. Anjorin, et al., appellants. (Index No. 12323/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated April 12, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 25, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33043

CF/

2005-04842 We're Associates Company, respondent, v Arthur Treacher's, Inc., et al., defendants, Pat Franchise Systems, Inc., et al., appellants. (Index No. 13042/04)

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 March 3, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32969

S/sl

2005-07153 Kristen E. Westphal, respondent, v Greyhound Lines, Inc., et al., appellants. (Index No. 18345/03)

ORDER ON APPLICATION

Application by the appellants 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 June 15, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 21, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33032

CF/

2005-07956 George C. Wunsch, appellant, v Terra Nova Trading, LLC, respondent, et al., defendants. (Index No. 8368/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 16, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33055

A/sl

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-01635 In the Matter of Assets America, Inc., respondent, v Alisa J. Backert, appellant. (Index No. 18391/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled matter, pending hearing and determination of an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, entered October 18, 2004.

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

ORDERED that the motion is denied as academic, in light of the stay granted by the Supreme Court, Nassau County.

COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32911

F/

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-06838 In the Matter of Baby Boy B. (Anonymous). Rochelle "Anonymous," et al., petitioners-respondents; Mallory "Anonymous," appellant; et al., respondent. (Docket No. A-58-05)

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, Suffolk County, dated June 24, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is 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 m intues 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:

Susan DeNatale, Esq.

501 William Floyd Parkway

Shirley, New York 11967

(631) 902-2001

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.

COZIER, J.P., GOLDSTEIN, FISHER, and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33082

S/sl

2005-05522 In the Matter of Estate of Cynthia Kopko. Raymond Jorbel, appellant; Edward Kopko, respondent. (Index No. 39/05)

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, Rockland County, dated May 9, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 1, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33006

CF/

2005-05392 In the Matter of Seth M. Feinberg, appellant, v SLS Residential, LLC, et al., respondents. (Index No. 12445/04)

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 April 18, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33030

CF/

2005-03842 In the Matter of Government Employees Insurance Company, petitioner-respondent, v Juliana Davis, et al., respondents-respondents, Clarendon National Ins. Co., appellant. (Index No. 27892/03)

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 March 18, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial DepartmentM33013

CF/

2005-05515 In the Matter of Ronald H. (Anonymous), Jr., Administration for Children's Services, petitioner-respondent; Marva C. (Anonymous), respondent-respondent; Steven Banks, etc., nonparty-appellant. (Proceeding No. 1) In the Matter of Michael Brandon L. (Anonymous). Administration for Children's Services, petitioner- respondent; Marva C. (Anonymous), respondent- respondent; Steven Banks, etc., nonparty-appellant. (Proceeding No. 2) In the Matter of Ebony Ann H. (Anonymous). Administration for Children's Services, petitioner- respondent; Marva C. (Anonymous), respondent- respondent; Steven Banks, etc., nonparty-appellant. (Proceeding No. 3) (Docket Nos. N-04267/94, N-04268/94, N-10047/94)

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 May 10, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33019

Y/sl

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-00609 In the Matter of Lori Hyman, respondent, v Paul Castagnini, appellant. (Docket Nos. V-17287-02, V-20398-02)

DECISION & ORDER ON MOTION

Motion by the Law Guardian to dismiss an appeal from an order of the Family Court, Kings County, dated December 16, 2004, on the ground that it has been rendered academic by an order of the same court dated October 28, 2005.

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 the appeal is dismissed as academic, without costs or disbursements.

COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32939

F/

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-10463 In the Matter of Angelique L. (Anonymous). Suffolk County Department of Social Services, respondent; Tracy L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Kile L. (Anonymous). Suffolk County Department of Social Services, respondent; Tracy L. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-8786-05, N-8787-05)

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, Suffolk County, dated November 2, 2005, 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 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:

Stanley E. Gelzins, Esq.

83 Pleasant Street

Huntington, New York 11743

(631) 271-0598

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.

H. MILLER, J.P., ADAMS, LUCIANO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33027

CF/

2005-04652 In the Matter of Yoldine L. (Anonymous). Administration for Children's Services, appellant; Nillvar J. (Anonymous), respondent-respondent, et al., respondent. (Proceeding No. 1) In the Matter of Makenson R. (Anonymous). Administration for Children's Services, appellant; Nillvar J. (Anonymous), respondent-respondent, et al., respondent. (Proceeding No. 2) In the Matter of Tyesha J. (Anonymous). Administration for Children's Services, appellant; Nillvar J. (Anonymous), respondent-respondent, et al., respondent. (Proceeding No. 3) (Docket Nos. N-24712-03, N-24719-03, N-24720-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated April 8, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33038

CF/

2005-06664 In the Matter of Mallilo & Grossman, appellant, v Estate of Frances Macalino, et al., respondents. (Index No. 28914/04)

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 May 4, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32926

D/sl

2005-04079 In the Matter of Albert Margaritis, et al., respondents, v Zoning Board of Appeals Incorporated Village of Flower Hill, et al., respondents, John Han, appellant. (Index No. 10134/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated February 22, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 5, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33005

CF/

2005-06753 In the Matter of Denise N. (Anonymous). Administration for Children's Services, petitioner-respondent; Tyechea N. (Anonymous), respondent-respondent; New York City Housing Authority, nonparty-appellant. (Proceeding No. 1) In the Matter of Daniel N. (Anonymous). Administration for Children's Services, petitioner-respondent; Tyechea N. (Anonymous), respondent-respondent; New York City Housing Authority, nonparty-appellant. (Proceeding No. 2) In the Matter of Sharnet N. (Anonymous). Administration for Children's Services, petitioner-respondent; Tyechea N. (Anonymous), respondent-respondent; New York City Housing Authority, nonparty-appellant. (Proceeding No. 3) In the Matter of Quintanazi N. (Anonymous). Administration for Children's Services, petitioner-respondent; Tyechea N. (Anonymous), respondent-respondent; New York City Housing Authority, nonparty-appellant. (Proceeding No. 4) (Docket Nos. N-00121-05, N-00122-05, N-00123-05, N-00124-05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated May 31, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33023

CF/

2005-06407 In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Denise Bertolotti, respondent. (Index No. 3977/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 7, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32989

S/sl

2005-02537 In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Jenna Reinhardt, respondent. (Index No. 1167/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated December 15, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 7, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33065

S/sl

2005-03195 In the Matter of Nozzleman 60, LLC, respondent, v Village of Cold Spring Zoning Board of Appeals, appellant. (Index No. 1978/04)

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, Putnam County, dated February 8, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 2, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32943

F/

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-08542 In the Matter of Kaylee P. (Anonymous). Orange County Department of Social Services, respondent; Joseph P. (Anonymous), appellant. (Docket No. B-319-05)

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 August 23, 2005.

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:

J. Henry Neale, Jr., Esq.

222 Mamaroneck Avenue

White Plains, New York 10605

(914) 997-7575

H. MILLER, J.P., ADAMS, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32674

S/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-10684 In the Matter of John P. Pearson, Jr., respondent, v Sherma Andrews, appellant. (Docket No. V-10538-05)

DECISION & ORDER ON MOTION

Motion by the Sherma Andrews, in effect, for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated November 7, 2005, and to stay enforcement of so much of the order as directed her to enroll the subject child in the Yonkers school she had attended during the 2004-2005 school year.

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 so much of the order as directed the appellant to enroll the subject child in the Yonkers school she had attended during the 2004-2005 school year is stayed pending hearing and determination of the appeal or pending a final order in the above-entitled proceeding by the Family Court, Westchester County.

PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32955

F/

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-09621, 2005-09625 In the Matter of Kolien Richmond, respondent, v Robert Perez, appellant. (Proceeding No. 1) In the Matter of Robert Perez, appellant, v Kolien Richmond, respondent. (Proceeding No. 2) (Docket Nos. V-1104-05, V-2026-05, V-2905-05,V-4985-05)

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

Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Dutchess County, dated September 6, 2005, and September 15, 2005, respectively, 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 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 m intues 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:

Carol Kahn, Esq.

225 Broadway - Suite 1510

New York, New York 10007

(212) 227-0206

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.

H. MILLER, J.P., ADAMS, LUCIANO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32948

F/

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

RENALDO E. RIVERA, JJ.

2005-09682 In the Matter of Peter Samuel, respondent, v Abril Samuel, appellant. (Docket Nos. V-16360-05, V-16361-05, V-16362-05)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to defend an appeal from an order of the Family Court, Kings County, dated September 6, 2005, 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defendant the appeal:

Gabriella F. Richman, Esq.

217-69 Peck Avenue

Hollis Hills, New York 11427

(718) 504-9635

and it is further,

 ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.

H. MILLER, J.P., ADAMS, LUCIANO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33093

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-02838 In the Matter of Barbara N. Taylor, appellant, v New York City Board of Elections, et al., respondents. (Index No. 25346/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue her motion, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 7, 2005, which was determined by decision and order on motion of this court dated October 13, 2005.

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

ORDERED that the motion is denied.

H. MILLER, J.P., RITTER, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32941

M/nal

2005-05898, 2005-05899 In the Matter of Israel Valle, appellant, v Ventura Valle, respondent. (Docket Nos. O-08704-05, O-014214-02)

ORDER TO SHOW CAUSE

Appeals by Israel Valle from two orders of the Family Court, Queens County, both dated May 13, 2005. By scheduling order dated October 19, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeals; or

(2) if there were such minutes, an affidavit or affirmation that the transcripts were received, and indicating the date received; or

(3) if the transcripts were not received, an affidavit or affirmation stating that they were ordered and paid for, the date thereof and the date by which the transcripts were expected; or

(4) an affidavit or an affirmation withdrawing the appeals.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling order dated October 19, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 21, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M33087

F/

GABRIEL M. KRAUSMAN, J.

2005-00412 The People, etc., plaintiff, v John Balacky, defendant. (Ind. No. 91-00220)

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, Westchester County, dated December 3, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

GABRIEL M. KRAUSMAN

Associate Justice

Appellate Division: Second Judicial Department

M32891

F/

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-01534 The People, etc., respondent, v Mauro Caballero, appellant. (Ind. No. 2232/02)

DECISION & ORDER ON MOTION

Motion by Stanley Neustadter, Esq., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered January 31, 2005, and to continue his poor person status on the appeal. The appellant's motion to dispense with printing and for assignment of counsel was granted on April 26, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 said assigned counsel is directed to turn over all papers in the action to retained counsel:

Stanley Neustadter, Esq.

122 East 42nd Street - Suite 606

New York, New York 10168

and it is further,

ORDERED that the appellant's poor person status is continued; and it is further,

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

CRANE, J.P., LUCIANO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

Stanley Neustadter, Esq.

122 East 42nd Street - Suite 606

New York, New York 10168

Appellate Division: Second Judicial Department

M33140

F/

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT J. LUNN, JJ.

1998-04532 The People, etc., respondent, v Omar Colon, appellant. (Ind. No. 1079/97)

DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes

Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Kings County, rendered May 13, 1998, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.

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 for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,

ORDERED that the motion is otherwise 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, if any, 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); retained 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 retained 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 counsel with a copy of the pre-sentence 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 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 retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

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

COZIER, J.P., KRAUSMAN, SKELOS, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

Paul Madden, Esq.

26 Court Street - Suite 810

Brooklyn, New York 11242

Appellate Division: Second Judicial Department

M32884

F/

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

1999-05453 The People, etc., respondent, v Angel Correa, appellant. (Ind. No. 2296/81)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 9, 1999.

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 the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

COZIER, J.P., GOLDSTEIN, FISHER, and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32878

F/

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-04686 The People, etc., respondent, v Aleek Ephraim, appellant. (Ind. No. 04-01005)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Westchester County, rendered April 26, 2005. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on July 21, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

Ron Stokes, Esq.

3224 S. Shelley Street

Mohegan Lake, New York 10547

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

ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Jeanne E. Mettler, Esq.

17 Adams Street

Bedford Hills, New York 10537

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 if 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 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.

COZIER, J.P., GOLDSTEIN, FISHER, and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 2284

Upstate Corr. Fac.

P.O. Box 2001

Malone, New York 12953

Appellate Division: Second Judicial Department

M32880

F/

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

1994-00992 The People, etc., respondent, v Miguel Erazo, Jr., appellant. (Ind. No. 8754/93)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered January 14, 1994.

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 the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

COZIER, J.P., GOLDSTEIN, FISHER, and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32882

F/

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

1999-02522 The People, etc., respondent, v Norman Fowler, appellant. (Ind. No. 12113/97)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered March 18, 1999.

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 the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

COZIER, J.P., GOLDSTEIN, FISHER, and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M32591

F/

ROBERT W. SCHMIDT, J.

2005-06921 The People, etc., plaintiff, v James Francischelli, defendant. (Ind. No. 679/00)

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 March 25, 2005, 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.

ROBERT W. SCHMIDT

Associate Justice

Appellate Division: Second Judicial Department

M32887

F/

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-09966, 2005-09967, 2005-09968 The People, etc., respondent, v Antonio Hurley, appellant. (S.C.I. Nos. 00-00421, 00-00694, 02-00906)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned appeals from three judgments of the Supreme Court, Westchester County, all rendered January 15, 2003.

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 the appeals are dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

COZIER, J.P., GOLDSTEIN, FISHER, and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32888

F/

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-09068 The People, etc., respondent, v Raul Izaguirre, appellant. (Ind. No. 1059/04)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered September 9, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Gail Patricia Ennis, Esq.

P.O. Box 220088

Great Neck, New York 11021

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.

CRANE, J.P., LUCIANO, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 4967

Downstate Corr. Fac.

Box F - Red Schoolhouse Road

Fishkill, New York 12524-0445

Appellate Division : Second Judicial Department

M32795

F/

ROBERT W. SCHMIDT, J.

2005-09402 The People, etc., plaintiff, v Reginald Lawrence, a/k/a Reggie Lawrence, defendant. (Ind. No. 1482/97)

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 August 12, 2005, 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.

ROBERT W. SCHMIDT

Associate Justice

Appellate Division: Second Judicial Department

M32885

F/

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2002-02180 The People, etc., respondent, v Carlos Martinez, appellant. (Ind. No. 97-01808)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered February 20, 2002.

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 the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

COZIER, J.P., GOLDSTEIN, FISHER, and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33026

CF/

2005-10365 The People, etc., appellant, v Daniel Meleance, respondent. (Ind. No. 478/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the County Court, Rockland County, entered August 17, 2005.

Upon the papers filed in support of the application and the papers having been filed in relation thereto, it is

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32918

F/

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-08823 The People, etc., respondent, v Lesly B. Parfait, appellant. (S.C.I. No. 42/05)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered August 18, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,

ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Gary E. Eisenberg, Esq.

129 Brooks Avenue

Monroe, New York 10950

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.

COZIER, J.P., GOLDSTEIN, FISHER, and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 4878

Lakeview Shock Incarceration Corr. Fac.

9300 Lake Avenue

Brocton, New York 14716-9798

Appellate Division: Second Judicial Department

M32881

F/

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2003-01049 The People, etc., respondent, v Ohran Redzeposki, appellant. (S.C.I. No. 98-00611)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered January 7, 2003.

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 the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

COZIER, J.P., GOLDSTEIN, FISHER, and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32883

F/

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2003-02639 The People, etc., respondent, v Jelani Rogers, appellant. (Ind. No. 99-00733)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered February 19, 2003.

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 the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

COZIER, J.P., GOLDSTEIN, FISHER, and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32851

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-08878 The People, etc., respondent, v Orlando Sanchez, appellant. (S.C.I. No. 03-00712)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from an amended judgment of the County Court, Orange County, rendered September 8, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of any proceedings in connection with the violation of probation and of the imposition of sentence on the violation of probation, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of 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 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 on the violation of probation, 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:

The Legal Aid Society of Orange County

P.O. Box 328

Goshen, New York 10924

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., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 4701

Downstate Corr. Fac.

Box F - Red Schoolhouse Road

Fishkill, New York 12524

Appellate Division : Second Judicial Department

M32792

F/

ROBERT J. LUNN, J.

2005-08946 The People, etc., plaintiff, v Wilfreyman Sanchez, defendant. (Ind. No. 4656/94)

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 Supreme Court, Queens County, dated August 23, 2005, 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.

ROBERT J. LUNN

Associate Justice

Appellate Division: Second Judicial Department

M32886

F/

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2003-02323 The People, etc., respondent, v Roxanne Smith, appellant. (Ind. No. 02-00445)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered January 10, 2003.

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 the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

COZIER, J.P., GOLDSTEIN, FISHER, and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M32869

M/nal

2004-01806 The People, etc., respondent, v Steven Somerville, appellant. (Ind. No. 5765/96)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 9, 2004 .

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 9, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M32796

F/

ROBERT W. SCHMIDT, J.

2005-08472 The People, etc., plaintiff, v Tobias Walls, defendant. (Ind. No. 12936/94)

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 Supreme Court, Kings County, dated June 27, 2005, 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.

ROBERT W. SCHMIDT

Associate Justice

Appellate Division : Second Judicial Department

M32793

F/

ROBERT J. LUNN, J.

2005-09242 The People, etc., plaintiff, v Shawn Wilkins, defendant. (Ind. No. 01-00088)

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, Orange County, dated August 22, 2005, 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.

ROBERT J. LUNN

Associate Justice

Appellate Division : Second Judicial Department

M32592

F/

ROBERT W. SCHMIDT, J.

2005-08357 The People, etc., plaintiff, v Bruce Wright, defendant. (Ind. No. 103/97)

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 County Court, Dutchess County, dated June 30, 2005, 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.

ROBERT W. SCHMIDT

Associate Justice