Appellate Division: Second Judicial Department

M33328

CF/

2005-07559 Samson Abrahamian, plaintiff, v Tak Chan, et al., defendants. (Action No. 1) (Index No. 25832/02) Anna Sliwowski, et al., respondents, v Tak Chan, et al., appellants, et al., defendants. (Action No. 2) (Index No. 5972/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Fausto Morocho to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 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ORDERED that the application is granted and the appeal by Fausto Morocho is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33232

S/sl

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2002-11494, 2003-05756, 2003-09196 Bank of New York, etc., respondent, v Richard J. Castaldo, Jr., et al., appellants. (Index No. 5925/99)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 28, 2005, in the above-entitled case is amended by deleting from the decretal paragraph thereof the words ", with $100 costs".

SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33354

S/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-04087 Stacey L. Brian, respondent, v David A. Brian, respondent. (Index No. 751/03)

DECIISION & 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, Dutchess County, dated March 25, 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 appeal is dismissed, without costs or disbursements, as the order dated March 5, 2005, is not appealable as of right (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the application to enlarge time is denied as academic.

COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33356

S/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-09521 Christopher Campbell, etc., et al., appellants, v Nidia Colon Thomas, et al., respondents. (Index No. 1756/01)

DECISION & ORDER ON MOTION

Motion by the respondent Nidia Colon Thomas to strike the appellants' appendix on an appeal from an order of the Supreme Court, Putnam County, dated October 1, 2004, on the ground that the appendix is incomplete.

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

ORDERED that the motion is granted to the extent that on or before December 30, 2005, the appellants shall serve and file a supplemental appendix containing (1) the plaintiffs' notice of motion, (2) the defendant's affirmation in opposition to the plaintiffs' motion (and in support of her cross motion), (3) plaintiffs' reply affirmation, and the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion the movant's time to serve and file a brief is enlarged until January 30, 2006, and the movant's brief shall be served and filed on or before that date.

COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33312

CF/

2005-08219 Thomasina Cathey, plaintiff-respondent, v Michele Lippa Gartner, et al., defendants- respondents, Fletcher of Gately, et al., appellants. (Index No. 4822/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated August 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

M33348

L/

2005-07433 Matthew Chase, et al., plaintiffs-respondents, v Arlington Central School District, appellant, Mark Cavallaro, et al., defendants-respondents. (Index No. 2302/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated July 7, 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

M33310

CF/

2005-07673 Joan Cohen, appellant, v Allan Cohen, respondent. (Index No. 204031/01)

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 29, 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

M33342

L/

2005-03092 Wanda Cruz, appellant, v New York City Health and Hospitals Corporation, et al., respondents. (Index No. 624/03)

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 January 10, 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

M33350

L/

2005-10678 Thomas Eichel, respondent, v Turner Construction Corp., appellant. (Index No. 21749/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 24, 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

M33351

L/

2005-07840 First Wood & Laminates, Inc., et al., appellants v B&N European Kitchen Design, Inc., respondent. (Index No. 3515/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 14, 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

M33343

L/

2005-07903 Christopher Geras, et al., respondent, v Citadel Management Co., Inc., et al., defendants, Century Elevator Maintenance Corp., appellant (and a third-party action). (Index No. 2118/03)

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 July 6, 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

M33313

CF/

2005-06982 Frances Guido, respondent, v Carman WP Associates, LLC, appellant. (Index No. 10093/03)

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 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

M32748

S/sl

2005-06069 High Point of Hartsdale I Condominium, et al., respondents, v AOI Construction, Inc., a/k/a AOI Restoration, Inc., et al., appellants. (Index No. 21536/02)

ORDER ON APPLICATION

Application by the respondent High Point of Hartsdale I Condominium 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 May 25, 2005.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until December 16, 2005, and the movant'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

M33352

L/

2005-05877 Theresa Kern, et al., appellants, v General Electric Company, et al., respondents (and a third-party action). (Index No. 2315/97)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M33318

T/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-09603 Michael Malave, respondent, v Downtown Rainmaker Group, LLC, et al., appellants. (Index No. 20431/03)

DECISION & ORDER ON MOTION

Motion by the appellants 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, dated July 18, 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.

COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33341

L/

2005-09412 Ryszardo Mucho, respondent, v Integrated Construction Enterprises, appellant. (Index No. 23609/03)

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 August 22, 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

M33353

L/

2005-07572 Shulamit Musheyeva, respondent, v Bayside Dialysis Center, Inc., defendant, Caring Professionals, Inc., et al., appellants. (Index No. 7316/03)

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 July 7, 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

M33321

CF/

2005-06458 Onias Pacheco, appellant, v Joshua Guttman, et al., respondents. (Index No. 35152/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 2, 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

M33371

O/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-10768 People of the State of New York, plaintiff, v Matthew J. C. (Anonymous), defendant. (Index No. 04-3078, 04-0374)

DECISION & ORDER ON MOTION

Motion by the defendant, inter alia, pursuant to CPL 330.20(21)(a)(ii) for leave to appeal to this court from an order of the County Court, Orange County, dated April 11, 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.

COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33349

L/

2005-04955 James Perotta, plaintiff-respondent, v Billmar Amusement, Inc., et al., appellants, Price Enterprises, Inc., defendants-respondent. (Index No. 18839/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants Billmar Amusement, Inc., and Billmar Amusements N.Y. Party Works, Inc., to withdraw their appeal from an order of the Supreme Court, Suffolk County, dated March 29, 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 by Billmar Amusement, Inc., and Billmar Amusements N.Y. Party Works, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33091

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2005-05397, 2005-05399 Ponzini Spencer & Geis, LLP, f/k/a Maroney, Ponzini & Spencer, Esqs., respondent, v Prena Cojcaj, et al., appellants. (Index No. 03-18915)

DECISION & ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Westchester County, dated February 10, 2005, and a judgment of the same court dated April 4, 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 appeal from the decision (Appellate Division Docket No. 2005-05399), is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the application is granted and the appellants' time to perfect the appeal from the judgment is enlarged until January 3, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33347

L/

2005-05454 Mamunor Rashid, respondent, v Michael Barnett, et al., appellants. (Index No. 12266/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 15, 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

M33317

CF/

2005-09460 Richard Rosado, appellant, et al., plaintiffs, v Chandro D. Lalwani, et al., respondents. (Index No. 10454/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated August 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

M33345

L/

2005-05102 Vanessa Rutrick, et al., plaintiffs-respondents, v Riverdale Holding Co., defendant-respondent, Great Atlantic & Pacific Tea Company, Inc., et al., appellants. (Index No.53325/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 12, 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

M33314

CF/

2005-05834 Fatimot Saibu, et al., respondents, v Irene Silberstein, appellant. (Index No. 13875/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 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

M33322

CF/

2005-09069 Robert Smith, appellant, v City of New York, et al., respondents (and a third-party action). (Index No. 12267/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 14, 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

M33307

M/nal

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

SCHEDULING ORDER

Appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated September 14, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the joint record or appendix and the appellant-respondent's brief in the above-entitled action shall be served and filed within 60 days after receipt of the transcripts of the minutes of the action in the Supreme Court, and the appellant-respondent shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the joint record and the appellant-respondent's brief shall be perfected within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant-respondent or the respondent-appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or

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

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

(4) an affidavit or an affirmation withdrawing the appeal and/or the cross appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal and/or the cross appeal shall not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M33339

L/

2005-08117 Julio Valente, plaintiff-respondent, v St. Joseph's Medical Center, defendant- respondent, Barr & Barr, Inc., appellant (and a third-party action). (Index No. 7354/01)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M33330

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2004-04559 Thelma Wegner, et al., respondents, v City of New York, defendant, Nathan Katz Realty, LLC, et al., appellants. (Index No. 3986/02)

ORDER TO SHOW CAUSE

Appeal by Nathan Katz Realty, LLC, and Nathan Katz from an order of the Supreme Court, Queens County, dated March 23, 2004. The appellants perfected the appeal on November 5, 2004. In about January 2005, the appellants advised the court that the case had been settled and the appeal would be withdrawn. The appellants have not withdrawn the appeal or advised the court that the case should be calendared.

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

ORDERED that the appellants show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned by filing an affirmation on that issue with the Clerk of this court on or before December 23, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the parties to the appeal or their attorneys by regular mail.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33344

L/

2005-06780 Tarrell Williams, respondent, v City of New York, et al., appellants. (Index No. 42210/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 1, 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

M33325

CF/

2005-06025 Victor Zabicki, respondent, v Hallen Construction Co., et al., appellants. (Index No. 4587/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Nassau County, dated May 25, 2005.

Upon the stipulation of the parties, dated November 15, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33295

M/nal

2005-10995 In the Matter of John Adefope, appellant, v Deborah Morris, respondent. (Docket No. F-02075-97)

SCHEDULING ORDER

Appeal by John Adefope from an order of the Family Court, Westchester County, dated September 30, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M33358

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2005-04817 In the Matter of Maritza Ayuso, appellant, v Mark E. Arduino, Sr., respondent. (Docket Nos. F-93-00, F-01818-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to reargue her prior motion for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated December 27, 2004, as a poor person, and for the assignment of counsel, which was determined by decision and order on motion of this court dated September 19, 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 denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33346

L/

2005-09275 In the Matter of Dawn Barnard, respondent, v Village of Mill Neck Board of Zoning Appeals, appellant, Elizabeth Briguglio, intervenor- appellant. (Index No. 3840/05)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal by Village of Mill Neck Board of Zoning Appeals, from a judgment of the Supreme Court, Nassau County, dated August 2, 2005.

Upon the stipulation of the parties, dated November 16, 2005, it is

ORDERED that the appeal by Village of Mill Neck Board of Zoning Appeals, is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33137

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

FRED T. SANTUCCI, JJ.

1999-00277 In the Matter of Robert C. D'Alvia, a disbarred attorney. (Attorney Registration No. 1482276)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent, Robert C. D'Alvia, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated September 18, 1989, he was disbarred based on his conviction, after a trial in the County Court, Westchester County, of perjury in the first degree, a class E felony, and criminal contempt in the first degree, a class E felony. By a decision and order of this court dated May 19, 1999, the respondent's application to vacate the order of disbarment and reinstate him to the practice of law was denied. By subsequent decision and order on application of this court dated July 24, 2001, his second application for reinstatement was held in abeyance, and the matter was referred to the Committee on Character and Fitness to investigate and report on his current fitness to be an attorney. By decision and order on application of this court dated October 31, 2002, the respondent's second application for reinstatement was denied. The respondent's third application for reinstatement was withdrawn by decision and order of this court dated May 21, 2004. By decision and order on application of this court dated July 29, 2004, the respondent's fourth application for reinstatement was denied. By decision and order on motion of this court dated November 24, 2004,the respondent's motion for reargument of the decision and order on application of this court dated July 29, 2004, and upon reargument, granting his application for reinstatement or affording him a fact-finding hearing before a subcommittee, was denied. The respondent was admitted to Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 21, 1973.

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

ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report with respect to the respondent's current fitness to be an attorney.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33272

M/nal

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLION, JJ.

2005-03221, 2005-03224 In the Matter of Jermaine D. (Anonymous), appellant. (Docket Nos. E-14852-02, D-37153-04)

SCHEDULING ORDER

Appeals by Jermaine D. from two orders of the Family Court, Kings County, both dated March 2, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 20, 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 respondent's time to serve and file a brief on the appeals are enlarged until December 23, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33333

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2005-03174, 2005-08541 In the Matter of Evan F. (Anonymous). Orange County Department of Social Services, respondent; George L. F. (Anonymous), appellant. (Docket No. N-5416-04)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the Children's Rights Society on appeals from two orders of the Family Court, Orange County, dated February 22, 2005, and July 15, 2005, respectively, to be relieved of an assignment to represent the child on the appeal from the order dated July 15, 2005(Appellate Division Docket No. 2005-08541). By decision and order on motion of this court dated May 18, 2005, the movant was relieved as Law Guardian on the appeal from the order dated February 22, 2005 (Appellate Division Docket No. 2005-03174), and Neal D. Futerfas, Esq., was assigned as Law Guardian on that appeal.

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, Risa S. Sugarman, 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 on the appeal from the order dated July 15, 2005:

Neal D. Futerfas, Esq.,

50 Main Street - Suite 1000

White Plains, New York 10606

(914) 682-2171

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33338

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2004-08971 In the Matter of Delsa Fauconier, respondent, v Corey Fauconier, appellant. (Docket No. F-1485-00)

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

Motion by the appellant's assigned counsel to be relieved of the assignment to prosecute an appeal from an order of the Family Court, Richmond County, dated April 1, 2004. The motion for assignment of counsel was granted on March 22, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11201

(718) 624-9391

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 on the court's own motion the appellant is directed to show cause before this court why an order should or should not be entered dismissing the appeal as abandoned by filing an affirmation on that issue with the Clerk of this court on or before December 23, 2005, and the motion by assigned counsel to be relieved is held in abeyance in the interim; 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 on motion on the appellant, his assigned counsel, and on the other parties to the appeal or their attorneys, by regular mail.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33128

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN, JJ.

2005-08600 In the Matter of Robert E. Ferguson, a suspended attorney. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Robert E. Ferguson, respondent. (Attorney Registration No. 2251213)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second and Eleventh Judicial Districts for an order directing the respondent to submit to an independent psychiatric examination to determine his fitness to practice law, pursuant to 22 NYCRR 691.13(b). By opinion and order of this court dated August 9, 1999, the respondent was suspended from the practice of law for a period of one year, commencing September 9, 1999, based on 10 charges of professional misconduct, including failure to maintain a duly constituted escrow account, commingling, making cash withdrawals from the escrow account, and failing to keep and/or produce required bookkeeping records (see Matter of Ferguson, 259 AD2d 186). He has not been reinstated. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 25, 1969.

Upon the papers submitted in support of the motion, it is

ORDERED that the motion is granted and the respondent is directed to submit to an examination by a qualified medical expert pursuant to 22 NYCRR 691.13(b)(1) to be arranged by Chief Counsel to the Grievance Committee for the Second and Eleventh Judicial Districts to determine whether he is incapacitated from practicing law by reason of mental infirmity or illness.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33355

S/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-10771, 2004-10772 In the Matter of Starcy Marie G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Joy Ann G. (Anonymous), appellant, et al., respondent. (Docket Nos. B-16412-03, B-16418-03)

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

Motion by the appellant's assigned counsel to be relieved of the assignment to prosecute appeals from two orders of the Family Court, Suffolk County, dated June 11, 2004, and December 1, 2004, respectively. The motion for assignment of counsel was granted on March 23, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

Marlene Lange Budd, Esq.

2 Brush Place

Huntington, New York 11743-6404

(631) 421-3799

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 counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

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

Anna Martin, Esq.

250 Montauk Highway

East Moriches, New York 11940

(631) 878-3352

and it is further,

ORDERED that on or before December 30, 2005, assigned counsel shall review the brief and reply filed by former assigned counsel and advise this court in writing that counsel either adopts the briefs filed by former assigned counsel or wishes to serve and file a replacement brief or a supplemental brief; 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., RITTER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33298

M/nal

2005-11222, 2005-11223, 2005-11224 In the Matter of Chrisma H. (Anonymous), appellant. (Docket Nos. D-03898-05, D-01510-05)

SCHEDULING ORDER

Appeals by Chrisma H. from three orders of the Family Court, Richmond County, one dated October 7, 2005, and two dated November 4, 2005, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or

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

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

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M33379

O/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2005-00428 In the Matter of Jasmine Hall, petitioner- respondent, v Orange County Department of Social Services, respondent, Kevin Mays, appellant. (Docket Nos. V-02726-04, V-02727-04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Family Court, Orange County, dated December 16, 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 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 December 30, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., SANTUCCI, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33369

E/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

GLORIA GOLDSTEIN, JJ.

2005-08315 In the Matter of Eric P. Lang, respondent, v Mary G. Lang-Blaney, appellant. (Docket No. V-00909-96)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Nassau County, dated August 8, 2005, in effect, to amend so much of a decision and order on motion of this court dated September 7, 2005, as conditioned a stay of the trial on damages upon his perfection of the appeal on or before October 24, 2005.

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

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

ORDERED that the decision and order on motion of this court dated September 7, 2005, is amended by deleting from the decretal paragraphs thereof the date "October 24, 2005," and substituting therefor the date "December 30, 2005."

PRUDENTI, P.J., FLORIO, H. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33327

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2005-10560 In the Matter of Howard A. LeBow, et al., respondents, v Hillary Diamond, appellant. (Docket Nos. V-13051-05, V-13062-05)

DECISION & ORDER ON MOTION

Appeal by Hillary Diamond from an order of the Family Court, Suffolk County, entered October 24, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as the order in not appealable as of right (see Family Ct Act § 1112), and we decline to grant leave to appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33316

T/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2005-11231 In the Matter of Howard A. LeBow, respondent, v Hillary Diamond, appellant. (Docket No. O-12465-05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Suffolk County, dated October 24, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33294

M/nal

2005-11034 In the Matter of Alvin M. (Anonymous), appellant, v Maria D. (Anonymous), et al., respondents. (Docket No. P-857/04)

SCHEDULING ORDER

Appeal by Alvin M. from an order of the Family Court, Queens County, dated October 20, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M33332

E/sl

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-07947 In the Matter of Melissa M. (Anonymous). Orange County Department of Social Services, respondent; Marianne M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jonathan M. (Anonymous). Orange County Department of Social Services, respondent; Marianne M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Zachary M. (Anonymous). Orange County Department of Social Services, respondent; Marianne M. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Gage M. (Anonymous). Orange County Department of Social Services, respondent; Marianne M. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Devin M. (Anonymous). Orange County Department of Social Services, respondent; Marianne M. (Anonymous), appellant. (Proceeding No. 5) (Docket Nos. B-6287/04, B-6288/04, B-6289/04, B-6290/04, B-6291/04)

DECISION & ORDER ON MOTION

Appeal by Marianne M. from an order of the Family Court, Orange County, dated July 8, 2005. By order to show cause dated October 27, 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 proceedings for failure to comply with a scheduling order dated September 14, 2005, issued pursuant to 22 NYCRR 670.4(a)(2). Motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the order to show cause and the papers filed in response thereto, and upon the motion of the appellant and no papers having been in opposition or relation thereto, it is

ORDERED that the order to show cause is denied; and it is further,

ORDERED that the appellant's 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 (see 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 (see 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:

Richard L. Herzfeld, Esq.

555 5th Avenue, 14th floor

New York, New York 10017

(212) 818-9019

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 (see 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33360

F/

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-01846 In the Matter of Shawndel M. (Anonymous). Suffolk County Department of Social Services, respondent; Korisha S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Shaquay S.-M. (Anonymous). Suffolk County Department of Social Services, respondent; Korisha S. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-14459-04, N-14460-04)

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

Motion by the appellant's assigned counsel to be relieved of the assignment to prosecute an appeal from an order of the Family Court, Suffolk County, dated February 4, 2005. The motion for assignment of counsel was granted on June 13, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

Marlene Lange Budd, Esq.

66 Dix Highway

Dix Hills, New York 11746

(631) 421-3799

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 counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

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

Joseph Hanshe, Esq.

116 Greene Avenue

Sayville, New York 11782

(631) 563-2426

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., RITTER, RIVERA, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33299

M/nal

2005-11225 In the Matter of Judith Marrale, respondent, v Alphonse Marrale, appellant. (Docket No. F-451/02)

SCHEDULING ORDER

Appeal by Alphonse Marrale from an order of the Family Court, Richmond County, dated October 21, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M33304

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2005-10635 In the Matter of Roslyn Nieves, petitioner, v Michael Gordon, respondent. (Docket No. F-524/96)

DECISION & ORDER ON MOTION

Motion by Michael Gordon for leave to appeal to this court from an order of the Family Court, Nassau County, dated April 14, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33340

L/

2005-06818 In the Matter of Marin Oprescu, respondent, v Nina Radu, appellant. (Docket No. F-11667-03)

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 June 17, 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

M33359

S/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-05504, 2005-05505 In the Matter of Jonathan R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Sheila T. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Nathaniel R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Sheila T. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Kayla T. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Sheila T. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) In the Matter of Kayla T. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Sheila T. (Anonymous), appellant, Mark T. (Anonymous), respondent-respondent. (Proceeding No. 4) (Docket Nos. N-4977-03, N-4978-03, N-7094-03, N-7095-03, N-4979-03, N-16255-03)

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, Suffolk County, to be relieved from representing the appellant on appeals from a decision and an order of the Family Court, Suffolk County, both dated May 23, 2005. By decision and order on motion dated September 29, 2005, the appellant's motion for leave to prosecute the above-entitled appeals as a poor person and for the assignment of counsel was denied with leave to renew on or before November 4, 2005. The appellant has not renewed her motion.

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

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

ORDERED that 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 proceedings 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 23, 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 on motion upon the parties or their attorneys.

COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33125

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05514 In the Matter of Donald Roth, admitted as Donald Richard Roth, Jr. an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Donald Roth, respondent. (Attorney Registration No. 390361)

DECISION & ORDER ON MOTION

By letter dated June 6, 2005, the Grievance Committee informed the court that the respondent was found guilty, after trial in the United States District Court for the Southern District of New York, before the Honorable Stephen C. Robinson, of one count of conspiracy to commit witness tampering and obstruction of justice, a federal felony, in violation of 18 USC §§ 1503 and 1512. On April 15, 2005, the respondent was sentenced to a period of 60 months incarceration and, upon his release, supervised release for a period of 3 years, as well as a fine in the sum of $10,000 and a special assessment in the sum of $100. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 24, 2001, under the name Donald Richard Roth, Jr. Based on this information, the Grievance Committee submits that the respondent has been convicted of a serious crime, pursuant to 22 NYCRR 691.7(b), and a violation of the Judiciary Law.

Upon the papers submitted to the court, it is

ORDERED that on the court's own motion, the respondent, Donald Roth, admitted as Donald Richard Roth, Jr., is immediately suspended from the practice of law as a result of his conviction of a serious crime, and continuing until further order of this court, pursuant to Judiciary Law § 90(4)(f); and it is further,

ORDERED that Donald Roth, admitted as Donald Richard Roth, Jr., shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Donald Roth, admitted as Donald Richard Roth, Jr., is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that on the court's own motion, the Grievance Committee for the Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against the said Donald Roth, admitted as Donald Richard Roth, Jr., based on his conviction of a serious crime; and it is further,

ORDERED that Faith Lorenzo, Chief Counsel to the Grievance Committee for the Tenth Judicial District, 150 Motor Parkway, Suite 102, Hauppauge, N.Y., 11788, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that the petitioner Grievance Committee shall serve upon the respondent and the Special Referee and file with this court a petition within 30 days after receipt of a copy of this decision and order on motion; and it is further,

ORDERED that the respondent shall serve an answer to the petition upon the petitioner and the Special Referee, and shall file the original answer with this court within 20 days after service upon him of the petition; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Herbert A. Posner, a retired Judge of the New York State Supreme Court, Queens County, 1118 Bay 24th Street, Bayswater, N.Y. 11691, as Special Referee to expeditiously hear and report, together with his findings on the issues; and it is further,

ORDERED that the Special Referee is directed to complete and submit his report within 60 days after the conclusion of the hearing on the submission of post-hearing memoranda; and it is further,

ORDERED that if the respondent, Donald Roth, admitted as Donald Richard Roth, Jr., has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33311

CF/

2005-00094 In the Matter of Travelers Indemnity Company of Illinois, appellant, v Kristine M. Ciambra, et al., respondents. (Index No. 4633/04)

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 October 15, 2004.

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

M33324

CF/

2005-07452 In the Matter of Travelers Insurance Company, respondent, v Jacob Schaffer, appellant. (Index No. 2360/05)

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 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

M33297

M/nal

2005-11216 In the Matter of Karen Wisloh-Silverman, appellant, v Frank Dono, respondent. (Docket No. V-03856-05)

SCHEDULING ORDER

Appeal by Karen Wisloh-Silverman from an order of the Family Court, Suffolk County, dated October 28, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

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

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

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Appellate Division: Second Judicial Department

M33363

F/

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-09555 The People, etc., respondent, v John R. Atkinson, appellant. (Ind. No. 1372-05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Suffolk County, rendered September 7, 2005, for leave to prosecute the appeal 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 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) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33365

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2004-07192 The People, etc., respondent, v Samuel Beverly, appellant. (Ind. No. 1250/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered August 5, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

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

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 A 4436

Downstate Corr. Fac.

Box F

Fishkill, New York 12524

Appellate Division: Second Judicial Department

M33357

S/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2001-10009 The People, etc., respondent, v Anthony M. Correnti, appellant. (Ind. No. 211/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the County Court, Suffolk County, rendered September 21, 2001.

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 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 February 10, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that if the appeal is not perfected by February 7, 2006, this court shall issue an order directing the appellant to show cause why the appeal should not be dismissed.

COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M32837

F/

SONDRA MILLER, J.

2005-09291 The People, etc., plaintiff, v Richard Hendricks, defendant. (Ind. No. 11863/96)

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 19, 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.

SONDRA MILLER

Associate Justice

Appellate Division : Second Judicial Department

M32835

F/

SONDRA MILLER, J.

2005-08645 The People, etc., plaintiff, v Rene Hernandez, defendant. (Ind. No. 10634/97)

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, Queens County, dated March 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.

SONDRA MILLER

Associate Justice

Appellate Division: Second Judicial Department

M33331

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2003-00788 The People, etc., respondent, v William F. Jones, appellant. (Ind. No. 02-00683)

DECISION & ORDER ON MOTION

Motion by counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered January 14, 2003, to withdraw the appeal on the ground that it has been rendered academic by an order of the same court, dated August 25, 2005, which granted the defendant's motion to vacate the judgment. By decision and order on motion dated November 3, 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 is has been rendered academic, and the motion to withdraw the appeal was held in abeyance in the interim.

On the court's own motion and upon the papers filed in support of the motion and in response to the motion to dismiss the appeal, it is

ORDERED that the appeal is dismissed on the ground that it has been rendered academic by the order of the County Court, Orange County dated August 25, 2005; and it is further,

ORDERED that the motion to withdraw the appeal is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33309

CF/

2004-03704 The People, etc., respondent, v Ehren Kolenovic, appellant. (S.C.I. No. 430/04)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Queens County, rendered April 6, 2004.

Upon the stipulation of the parties, dated November 14, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33362

F/

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-10500 The People, etc., respondent, v Johnny Miller, appellant. (Ind. No. 65/04)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered October 12, 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 and 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:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

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., RITTER, RIVERA, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Appellate Division: Second Judicial Department

M33361

F/

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-05168 The People, etc., respondent, v Thomas Primactus, appellant. (Ind. No. 2009/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered April 22, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

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

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

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

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

COZIER, J.P., RITTER, RIVERA, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 R 1799

Collins Corr. Fac.

Box 340

Collins, New York 14034

Appellate Division: Second Judicial Department

M33364

F/

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-04884 The People, etc., respondent, v Olbin Reyes, appellant. (Ind. No. 2319/01)

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, Nassau County, rendered May 3, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on July 22, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:

Charles Holster III, Esq.

100 East Old Country Road

Mineola, New York 11501

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:

John F. McGlyn, Esq.

PMB No. 370

265 Sunrise Highway - Suite 1

Rockville Centre, New York 11570

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., RITTER, RIVERA, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 2856

Green Haven Corr. Fac.

P.O. Box 4000

Stormville, New York 12953