Appellate Division: Second Judicial Department

M33209

D/nal

2005-05178 Mmduh Nassan Agha, appellant, v Alamo Rent A Car, et al., respondents. (Index No. 32580/03)

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, Kings County, dated April 5, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 23, 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

M33235

T/sl

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-05276 Mohammad Akbar, et al., appellants, v Mohammed Rosio, et al., respondents. (Index No. 22561/03)

DECISION & ORDER ON MOTION

Motion by N. Michael Boehm, the attorney for the appellants, for leave to withdraw as counsel on appeals from an order of the Supreme Court, Queens County, dated April 19, 2005.

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 branch of the motion which is for leave to withdraw as counsel for the appellant Arifa Dewan is granted, and N. Michael Boehm is relieved from representing the appellant Arifa Dewan with respect to the instant appeal; and it is further,

ORDERED that on or before December 16, 2005, N. Michael Boehm is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that no further proceedings shall be taken against the appellant Arifa Dewan, without leave of the court, until the expiration of 30 days after service upon her of a copy of this decision and order; and it is further,

ORDERED that the branch of the motion which is for leave to withdraw as counsel for the appellant Mohammad Akbar is denied as unnecessary, as that appellant has retained new counsel and filed a substitution of counsel with the Clerk of this court; and it is further,

ORDERED that the appellants' time to perfect the appeals is enlarged until January 18, 2006, and the joint record on the appeals and the appellants' respective briefs must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33195

L/

2005-05495 Aquatic Renovations Systems, Inc., appellant, v All Sport Health & Fitness Center, respondent. (Index No. 52/05)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Dutchess County, dated May 9, 2005.

Upon the stipulation of the parties, dated November 17, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33266

L/

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2004-10602 Abraham Arrieta, respondent, v T & C Tropical Products, Inc., appellant, et al., defendants. (Index No. 4541/00)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme court, Kings County, dated November 9, 2004.

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

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

SCHMIDT, J.P., S. MILLER, MASTRO, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33142

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-08602 Jose A. Ayala, respondent, v Maria G. Ayala, appellant. (Index No. 22726/98)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated August 5, 2005, to enjoin the sale of the real property located at 90-46 150th Street, Jamaica, New York, pending hearing and determination of the appeal.

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 the sale of the real property located at 90-46 150th Street, Jamaica, New York, is enjoined pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 11, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 11, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33218

T/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-02088 Ethel Bennett, et al., appellants, v Kenneth Robinson, et al., respondents. (Index No. 28592/01)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated January 13, 2005.

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 appellants' time to perfect the appeal is enlarged until December 16, 2005, 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 no further enlargements of time shall be granted.

FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33248

L/

2005-09185 William R. Bronner, respondent-appellant, v Deirdre Butterfield, appellant-respondent. (Index No. 375/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellant-respondent and the respondent-appellant to withdraw an appeal and cross appeal from a judgment of the Supreme Court, Westchester County, dated August 10, 2005.

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

ORDERED that the applications are granted and the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33059

A/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-03479 Denise Cicione, etc., et al., appellants, v Bruce Meyer, etc., et al., respondents. (Index No. 8768/99)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Suffolk County, entered March 12, 2004.

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 appellants' time to serve and file a reply brief is enlarged until December 23, 2005, and the reply brief must be served and filed on or before that date.

CRANE, J.P., RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33240

S/sl

2005-09667 Judtih Cipo, appellant, v John Van Blerkom, respondent. (Index No. 5469/05)

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, Queens County, dated September 9, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 18, 2006, 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

M32836

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-05201, 2005-11026, 2005-11027, 2005-22028, 2005-11029 Veeru Dhillon, respondent, v Jan Lindner, appellant, etc., et al., defendants. (Index No. 12235/04)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from (1) a stipulation dated October 15, 2004, (2) an order of the Supreme Court, Richmond County, dated November 19, 2004, (3) a judgment of the same court dated December 6, 2004, (4) a warrant of possession dated February 23, 2005, and (5) an order of the same court dated April 15, 2005.

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

ORDERED that on the court's own motion the appeals from the stipulation dated October 15, 2004 (Appellate Division Docket No. 2005-11029), and the warrant of possession dated February 23, 2005 (Appellate Division Docket No. 2005-11026), are dismissed, without costs or disbursements, as those papers are not appealable (see CPLR 5701); and it is further,

ORDERED that the appeals from the order dated November 19, 2004 (Appellate Division Docket No. 2005-11028), and the judgment dated December 6, 2004 (Appellate Division Docket No. 2005-11027), are dismissed, without costs or disbursements, as no appeal lies from an order or judgment entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated April 15, 2005, is granted, the appellant's time to perfect that appeal is enlarged until January 13, 2006, and the record or appendix on the 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.

FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33192

D/nal

2005-03063 Janet Duffy, respondent, v James Duffy, appellant. (Index No. 9311/04)

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, entered February 23, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 31, 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

M33182

D/nal

2005-05897 Andrew Durieux, respondent, v Edward J. Jones, et al., appellants. (Index No. 23166/03)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 1, 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

M33223

T/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-09854 Marshall Fine, plaintiff, v City of New York, defendant. (Index No. 04-00170)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated July 7, 2005, which reversed an order of the Civil Court, Queens County, entered December 31, 2002.

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

ORDERED that the motion is denied.

FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33206

M/nal

2005-08805 Lisa Catherine Gagliano, appellant, v Dominick Gagliano, respondent. (Index No. 11742/03)

ORDER TO SHOW CAUSE

Appeal by Lisa Catherine Gagliano from an order of the Supreme Court, Suffolk County, dated August 24, 2005. By scheduling order dated October 18, 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 Supreme Court proceedings to be transcribed for the appeal; or

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 18, 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 19, 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

M33216

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-06224 Jason Harrison, respondent, v Bally Total Fitness, appellant. (Index No. 21647/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered May 27, 2005.

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

ORDERED that the motion is denied.

FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33190

D/nal

2005-06524 Edward R. Hopkins, appellant, v Jeffrey Wasserman, et al., respondents. (Index No. 23745/01)

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, Suffolk County, dated May 12, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 27, 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

M33245

L/

2005-07031 Krystyna Jeros, respondent, v Bank of America Finance Corp., et al., appellants. (Index No. 23057/03)

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 May 31, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33234

S/sl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-07897, 2005-07898, 2005-07899 Bruce Kelley, et al., respondents, v Gregory Chavez, appellant, et al., defendants. (Appeal Nos. 1 and 2) Bruce Kelley, et al., respondents, v Gregory Chavez, et al., defendants, Kristina Huser, appellant. (Appeal No. 3) (Index No. 26613/04)

DECISION & ORDER ON MOTION

Motion by the appellants pro se on an appeal from three orders of the Supreme Court, Queens County, all dated July 27, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, to stay their eviction from the subject premises, and for this court to take judicial notice of certain material. Cross motion by the respondents to dismiss the appeals on the ground that the record contains material dehors the record or omits material which is properly part of the record and the brief raises issues which are not properly before this court, or, in the alternative, to direct the appellants to submit a proper record and to enlarge the respondents' time to serve and file their brief.

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

ORDERED that on the court's own motion the appellants' record is deemed to be an appendix, and the Clerk of this court, or his designee, is directed to subpoena the original papers from the Clerk of the Supreme Court, Queens County; and it is further,

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f), is granted on condition that on or before December 16, 2005, the appellants remove from the copies of the appendix on file with this court page 17 and pages 75-76; and it is further,

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

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief is granted, and the respondents' brief shall be served and filed on or before January 20, 2006; and it is further,

ORDERED that the branch of the motion which is to strike material from the appellants' appendix is granted to the extent indicated in the second decretal paragraph hereof, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to strike the appellants' briefs on the ground that they raise issues not properly before this court is denied without prejudice to raising these claims in the respondents' brief; and it is further,

ORDERED that the cross motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33189

D/nal

2005-05610 Edward J. Komornik, respondent, v Susan A. Komornik, appellant. (Index No. 1545/03)

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 and judgment (one paper) of the Supreme Court, County, dated May 9, 2005.

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

M33242

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-10004 Radoslaw Kowalewski, respondent, v BFC Construction Corp., et al., appellants- respondents, Madison Park Development Associates, respondent-appellant (and a third-party action). (Index No. 37677/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 1, 2004.

Upon the stipulation of the attorneys for the respective parties, dated November 9, 2005, it is

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

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33095

E/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-04499 Paramjit Lal, appellant, v Ching Po Ng, et al., respondents. (Index No. 21588/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated March 17, 2005, to compel the respondent Ching Po Ng to provide laser color reproductions of the black and white photographs reproduced at pages 141 through 144 of the record on appeal and, in effect, for leave to replace those pages of the record on appeal with the color reproductions of the photographs.

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 compel the respondent Ching Po Ng to provide laser color reproductions of the black and white photographs reproduced at pages 141 through 144 of the record on appeal is denied as academic as the respondent Ching Po Ng has provided the subject photographs to the appellant; and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to replace the black and white photographs reproduced at pages 141 through 144 of the record on appeal with the color reproductions of the photographs is granted and on or before December 12, 2005, the appellant shall replace the black and white photographs reproduced at pages 141 through 144 of the copies of the record on appeal filed with the Clerk of this court with color reproductions of the photographs.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33181

D/nal

2005-05553 Derek Lynn, respondent, v 467-75 St. Marks Ave. Assoc., LLC, et al., defendants, 555 Prospect Associates, LLC, appellant. (Index No. 38474/03)

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, Kings County, dated April 29, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 24, 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

M33237

M/nal

2005-05818 Jimmy Martinez, etc., appellant, v East 16th Street Associates, LLC, et al., respondents. (Index No. 9534/02)

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 of the Supreme Court, Kings County, dated May 17, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 6, 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

M33243

L/

BARRAY A. COZIER, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2004-09881 Isaac Nembhard, et al., respondents, v Willia A. Nishizaka, appellant. (Index No.5939/01)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 19, 2004.

Upon the stipulation of the attorneys for the respective parties, dated November 22, 2005, it is

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

COZIER, J.P., SANTUCCI, LUCIANO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33259

S/sl

2005-06463 Buenaventura Rodriguez, appellant-respondent, v Wyckoff Heights Medical Center, et al., respondents-appellants, Stephen Hosmer, defendant-respondent, et al., defendant. (Index No. 14267/02)

ORDER ON APPLICATION

Application by Wyckoff Heights Medical Center 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, Kings County, dated May 20, 2005.

ORDERED that the application is granted and the movant's reply brief shall be served and filed on or before December 9, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33225

T/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-03548, 2005-09957 Smith Holdings, LLC, respondent, v Eugene Irace, et al., appellants. (Index No. 21372-04)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of two orders of the Supreme Court, Suffolk County, dated March 15, 2005, and August 18, 2005, respectively, pending hearing and determination of appeals therefrom.

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

ORDERED that the appeal from the order dated August 18, 2005 (Appellate Division Docket No. 2005-09957), is dismissed as academic, without costs or disbursements, as the order expired on its own terms on October 5, 2005; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated August 18, 2005, is denied as academic, and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33231

M/nal

2005-04211 Snapper Realty, LLC, respondent, v Duane Reade, et al., defendants third-party plaintiffs-appellants; Sunoco, Inc., third-party defendant. (Index No. 2869/03)

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 and judgment (one paper) of the Supreme Court, Queens County, dated March 1, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 5, 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

M33147

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-05549 Anita Thalassinos, respondent, v Mendon Leasing Corporation, et al., appellants. (Index No. 26587/03)

DECISION & ORDER ON MOTION

Motion by the appellant Rajinder Sharma to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 18, 2005.

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

ORDERED that the motion is denied.

FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33213

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT J. LUNN, JJ.

2005-07272 Tiffany at Westbury Condominium, etc., et al., respondents-appellants, v Marelli Development Corp., et al., appellants-respondents. (Index No. 6919/03)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent John Schimenti, P.C., to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal and cross-appeal from an order of the Supreme Court, Nassau County, entered June 24, 2005.

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

ORDERED that the motion is denied.

FLORIO, J.P., KRAUSMAN, RIVERA and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33236

A/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-09861 Jodi Ann Tortomas, respondent-appellant, v John Robert Andrade, appellant-respondent. (Index No. 3519/03)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent, inter alia, to stay enforcement of an order of the Supreme Court, Suffolk County, dated September 14, 2005, pending hearing and determination of an appeal and cross 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.

FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33191

D/nal

2005-03247 Candice Volfman, appellant, v Boris Volfman, respondent. (Action No. 1) (Index No. 19986/03) 2005-04515 Boris Volfman, respondent, v Candice Volfman, appellant. (Action No. 2) (Index No. 4876/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two judgments of the Supreme Court, Queens County, entered March 14, 2005 (Appellate Division Docket No. 2005-03247), and April 12, 2005 (Appellate Division Docket No. 2005-04515), respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until January 13, 2006, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33244

L/

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-02114 In the Matter of Beatrice C. Bauer, deceased. Eileen Curley, et al., appellants; Estate of Robert Maloney, et al., respondents. (File No. 2147/01)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Surrogate's Court, Westchester County, dated February 17, 2005.

Upon the stipulation of the attorneys for the respective parties, dated December 1, 2005, it is

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

H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33220

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-11001 In the Matter of Dana Che Belmond, respondent, v Mitzi Tina Velasquez, appellant. (Docket No. V-06511-05)

DECISION & ORDER ON MOTION

Appeal by Mitzi Tina Velasquez from an order of the Family Court, Kings County, dated October 25, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).

FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33028

C/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2004-10971 In the Matter of Bridgehampton Development Corporation, v County of Suffolk, et al., respondents. (Index No. 04-11183)

DECISION & ORDER ON MOTION

Motion by Steven J. Macchio and Ralph Macchio, in effect, for leave to join in the brief filed by the County of Suffolk and to be given an appearance on an appeal from an order of the Supreme Court, Suffolk County, dated October 27, 2004.

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

ORDERED that the motion is granted.

H. MILLER, J.P., CRANE, SKELOS and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33104

A/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-09872 In the Matter of Renee Elizabeth D. (Anonymous). Westchester County Department of Social Services, respondent; George D. (Anonymous), appellant. (Docket No. B-1969/05)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Westchester County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Westchester County, entered August 3, 2005, to grant the appellant leave to prosecute the appeal as a poor person, and to enlarge the time to perfect the appeal.

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

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

ORDERED that counsel shall serve a copy of this decision and order on motion upon the appellant on or before December 21, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and for leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before January 9, 2006, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33241

S/sl

2005-06144 In the Matter of Farouk Elnazer, appellant, v Department of Housing Preservation & Development, respondent. (Index No. 80061/05)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Richmond County, dated May 31, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 21, 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

M33204

M/nal

2005-05738 In the Matter of Elizabeth Ingalls, appellant, v Stephen D. Ingalls, respondent. (Docket No. F-14901-03)

ORDER TO SHOW CAUSE

Appeal by Elizabeth Ingalls from an order of the Family Court, Suffolk County, dated May 13, 2005. By scheduling order dated October 5, 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 appeal; or

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 5, 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 19, 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

M33224

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-10815 In the Matter of April McDaniel, respondent, v Brian Myers, appellant. (Docket No. F-06037-01)

DECISION & ORDER ON MOTION

Appeal by Brian Myers from an order of the Family Court, Dutchess County, dated August 30, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).

FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33187

E/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-10182 In the Matter of Robert A. McNair, respondent, v Natoye M. Bennet, appellant. (Docket Nos. O-18785/04, O-33314/04)

DECISION & ORDER ON MOTION

Motion by Natoye M. Bennet, inter alia, for leave to appeal to this court from an order of the Family Court, Kings County, dated October 26, 2005, and to stay enforcement of the order pending hearing and determination of the appeal.

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 granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order pending hearing and determination of the appeal is granted and enforcement of the order dated October 26, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 12, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 12, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33239

S/sl

2005-05902 In the Matter of Nationwide Mutual Insurance Company, petitioner-respondent, v Diane J. Ferello, appellant; State Farm Insurance Companies, et al., additional-respondents respondents. (Index No. 27737/03)

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, Suffolk County, dated May 18, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 8, 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

M33258

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-10858 In the Matter of Michael Pares, appellant, v Teresa R. Jeri, respondent. (Docket No. V-10590-02)

DECISION & ORDER ON MOTION

Appeal by Michael Pares from an order of the Family Court, Suffolk County, dated October 7, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved by an order entered upon the parties stipulation (see CPLR 5701).

FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33207

M/nal

2005-06834 In the Matter of Helen Piro, appellant, v Carl Piro, respondent. (Docket No. F-17482-04)

ORDER TO SHOW CAUSE

Appeal by Helen Piro from an order of the Family Court, Suffolk County, dated June 27, 2005. By scheduling order dated October 27, 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 appeal; or

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 27, 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 19, 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

M33170

T/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2004-11055 In the Matter of Maria Sicurella, respondent, v Erwin Embro, appellant. (Docket No. F-16371-04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 21, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Suffolk County, dated November 17, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which for leave to perfect the appeal as a poor person is granted to the extent that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied.

FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33222

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-10855 In the Matter of Patrick Theodule, respondent, v Sandra Bostic, appellant. (Docket No. V-10587-03)

DECISION & ORDER ON MOTION

Appeal by Sandra Bostic from an order of the Family Court, Westchester County, dated May 20, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).

FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33227

A/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

FRED T. SANTUCCI

PETER B. SKELOS, JJ.

2004-09155, 2004-09156, 2004-09157, 2004-09158, 2004-09160, 2004-09162 In the Matter of "Female" V. (Anonymous), a/k/a Kimberly V. (Anonymous). Lakeside Family & Children's Services, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Juana Lee V. (Anonymous). Lakeside Family & Children's Services, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Nathan Lee V. (Anonymous). Lakeside Family & Children's Services, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Patrick German V. (Anonymous). Lakeside Family & Children's Services, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Nouchie Wesley V. (Anonymous). Lakeside Family & Children's Services, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Cassandra Lee V. (Anonymous). Lakeside Family & Children's Services, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. B-17431/03, B-17432/03, B-17433/03, B-17434/03, B-17435/03, B-17436/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated September 26, 2005, which determined appeals from six orders of fact-finding and disposition (one as to each child) of the Family Court, Kings County, each dated September 10, 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.

SCHMIDT, J.P., S. MILLER, SANTUCCI and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33229

A/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

FRED T. SANTUCCI

PETER B. SKELOS, JJ.

2004-09152, 2004-09154 In the Matter of Brandon Lee V. (Anonymous). Heart Share Human Services of New York, Roman Catholic Diocese of Brooklyn, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Wesley German V. (Anonymous). Heart Share Human Services of New York, Roman Catholic Diocese of Brooklyn, et al., respondents; German V. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-18606/03, B-18607/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated September 26, 2005, which determined appeals from two orders of fact-finding and disposition (one as to each child) of the Family Court, Kings County, each dated August 16, 2004.

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

ORDERED that the motion is denied.

SCHMIDT, J.P., S. MILLER, SANTUCCI and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33176

M/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-04432 In the Matter of Hadassah Weinberger, respondent, v Joshua Frankel, appellant. (Docket No. F-1596-04)

DECISION & ORDER ON MOTION

Appeal by Joshua Frankel from an order of the Family Court, Rockland County, dated March 30, 2005. By order to show cause dated November 7, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 17, 2005, issued pursuant to 22 NYCRR 670.4(a)(5).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

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

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 28, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M32894

F/

JOSEPH COVELLO, J.

2005-09395 The People, etc., plaintiff, v Timothy Burnie, a/k/a Bernard Prince, defendant. (Ind. No. 10128/90)

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 29, 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.

JOSEPH COVELLO

Associate Justice

Appellate Division: Second Judicial Department

M33233

S/sl

ANITA R. FLORIO, J.P.

ROBERT A. SPOLZINO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2003-09361 The People, etc., respondent, v Jason Carden, appellant. (Ind. No. 01-01346)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the County Court, Westchester County, rendered September 23, 2003.

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

ORDERED that the appeal is dismissed as this appeal is a duplicate of an appeal from the same judgment pending under Appellate Division Docket No. 2003-09352.

FLORIO, J.P., SPOLZINO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33167

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-07868 The People, etc., respondent, v Sandra Gray, appellant. (Ind. No. 1376/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 23, 2005, as a poor person and for the assignment of counsel. By order to show cause dated October 20, 2005, the appellant was directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), and the appellant has not sought leave to file a late notice of appeal, and the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was held in abeyance in the interim. Application by the appellant pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment rendered March 23, 2005.

On the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the application is granted and the defendant's papers are deemed to constitute a timely notice of appeal from the judgment; and it is further

 ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied, with leave to renew, upon papers establishing the amount and source of counsel fees paid to retained counsel.

FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M32896

F/

JOSEPH COVELLO, J.

2005-08261 The People, etc., plaintiff, v Oscar Rios, defendant. (Ind. No. 385/02)

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 July 1, 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.

JOSEPH COVELLO

Associate Justice

Appellate Division: Second Judicial Department

M33146

E/sl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2003-09874 The People, etc., respondent, v Nehemiah Rolle, appellant. (Ind. No. 1677/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered September 19, 2003, and, in effect, to be provided with the transcripts of the minutes of certain proceedings.

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

ORDERED that the branch of the motion which is to enlarge the time to serve and file a supplemental brief is granted, the appellant's time to serve and file a supplemental brief is enlarged until February 14, 2006, and the supplemental brief shall be served and filed on or before that date; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,

 ORDERED that the branch of the motion which is to be provided with the transcripts of the minutes of certain proceedings is granted to the extent that the District Attorney shall file copies of minutes of the grand jury proceedings on July 25, 2002, with the Clerk of this court, and those minutes shall remain sealed upon delivery, and that branch of the motion is otherwise denied.

CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address;

03 R 5191

Oneida Corr. Fac.

P. O. Box 4580

Rome, New York 13442-4580

Appellate Division: Second Judicial Department

M33247

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-08106 The People, etc., respondent, v Levern Steward, appellant. (Ind. No. 02318/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a purported judgment of the County Court, Nassau County, rendered July 27, 2005, as a poor person and for the assignment of counsel. By order to show cause dated October 20, 2005, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appeal was taken from the verdict after trial and a judgment had not yet been entered by filing an affidavit on that issue with the Clerk of this court on or before November 25, 2005, and the motion was held in abeyance in the interim. Sentence was rendered on November 10, 2005.

Upon the papers filed in support of the order to show cause and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied, and it is further,

ORDERED that on the court's own motion the notice of appeal from the verdict is deemed to be a premature notice of appeal from the judgment rendered November 10, 2005 (see CPL 460.10[6]); and it is further,

 ORDERED that the motion for poor person relief and the assignment of counsel is denied with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

FLORIO, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court