Appellate Division: Second Judicial Department

M33501

D/sl

2005-03045, 2005-03046 Stacy Alben, appellant, v Mid-Hudson Medical Group, P.C., et al., respondents. (Index No. 3214/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from an order of the Supreme Court, Dutchess County, dated February 22, 2005, and a judgment of the same court entered March 18, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 18, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33510

D/sl

2005-06762 Manuel Arons, etc., et al., appellants-respondents, v Robert Jutkowitz, et al., respondents-appellants, St. Vincent's Medical Center of Richmond, defendant. (Index No. 13810/98)

ORDER ON APPLICATION

Separate applications by the respondents-appellants Robert Jutkowitz and Robert Fulop pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeal and cross appeal from an order of the Supreme Court, Richmond County, dated July 6, 2005.

ORDERED that the applications are granted; and it is further,

ORDERED that the movants shall serve and file their answering briefs, including their points of argument on their cross appeals, on or before January 9, 2006 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the appellants-respondents shall serve and file their reply brief on or before February 22, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33523

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01568, 2005-05585 Jose Canar Astudillo, plaintiff-respondent, v Puissance Enterprises, LLC, defendant third-party plaintiff, Telemark Construction Management New York, LLC, defendant second third-party plaintiff; Facility Service Corp., third third-party plaintiff- respondent; Corporate Contractors Ltd., et al., third third-party defendants-appellants (and other third-party actions). (Index Nos. 35570/01, 75059/02, 75303/02, 75899/02, 75414/03)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants for leave to withdraw their respective appeals from two orders of the Supreme Court, Kings County, dated January 12, 2005, and April 11, 2005, respectively.

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

ORDERED that the applications are granted and the appeals 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

M33529

L/

2005-07649 BHI Group, Inc., et al., respondents, v Joseph Indovino, et al., appellants. (Index No. 18817/03)

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 June 27, 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

M33532

L/

2005-05376 Banks Shapiro Gettinger & Waldinger, LLP, respondent, v Peekskill Republican City Committee, appellant. (Index No. 2739/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated May 2, 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

M33487

D/sl

2005-05782 Rose Beharry, appellant, v Ulrich Guzman, et al., respondents. (Index No. 18522/02)

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, Nassau County, dated May 13, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 7, 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

M33566

L/

2005-06526 Augustino Biondi, respondent, v County of Nassau, appellant, et al., defendants. (Index No. 6525/04)

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 June 28, 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

M33521

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03727 Mercedes Bordera, respondent, v Ryder Transportation Systems, et al., appellants. (Index No. 8848/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 16, 2005.

Upon the stipulation of the attorneys for the respective parties, dated September 15, 2005, it is

ORDERED that the application is granted and the appeal is 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

M33515

D/sl

2005-02139 Helen Brooks, et al., appellants-respondents, v Judlau Contracting, Inc., defendant third-party plaintiff respondent-appellant; Thunderbird Constructors, Inc., third-party defendant-respondent. (Index No. 30239/99)

ORDER ON APPLICATION

Application by the third-party defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated December 10, 2004.

ORDERED that the application is granted and the third-party defendant-respondent shall serve and file its brief on or before January 26, 2006; and it is further,

ORDERED that the appellants-respondents shall serve and file their reply brief on or before March 2, 2006; and the respondent-appellant shall serve and file its reply brief, if any, on or before April 6, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33507

D/sl

2005-04628 Sheila Brutus, et al., appellants, v Charles Vasallo, et al., respondents. (Index No. 47993/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated February 10, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 7, 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

M33442

C/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2005-10863 Janet Callaghan, respondent, v Gerard Callaghan, defendant; Curtis & Associates, nonparty-appellant. (Index No. 01-3094)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay the distribution of $373,030.86 held in escrow by the respondent's attorney pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated November 3, 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

M33546

L/

2005-09996 Marlene Campbell, appellant, v James Craig Harris, et al., respondents. (Index No. 1921/05)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M33522

S/sl

2005-08090 Patricia Carhuayano, et al., plaintiffs, v J&R Hacking, respondent, Clifford Larsen, et al., appellants. (Index No. 53052/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated July 11, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 13, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33489

D/sl

2005-05609 Pamela Cassandra, appellant, v Ulysse Dumond, et al., respondents. (Index No. 13681/02)

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 April 18, 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

M33556

L/

2005-03571 Maira Castro, et al., appellants, v John J. Dellaera, et al., respondents. (Index No. 20520/00)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M33558

L/

2005-07251 Maira Castro, et al., appellants, v John J. Dellaera, et al., respondents. (Index No. 20520/00)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M33550

S/sl

2005-01211 Saquina Crawford, respondent, v New York City Housing Authority, appellant (and a third-party action). (Index No. 48087/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Kings County, dated January 27, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 23, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33518

E/sl

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-06870 Roger W. Dawson, appellant, v Susan H. Wiley, respondent. (Index No. 7775/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered July 6, 2005, to stay all proceedings in the above-entitled action pending hearing and determination of the appeal and to enlarge the time to perfect 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 to stay all proceedings in the above-entitled action pending hearing and determination of the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until February 14, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

GOLDSTEIN, J.P., MASTRO, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33540

S/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-01212 Carlos DeOliviera, appellant, v Robert M. Manners, respondent, et al., defendant. (Index No. 12132/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated October 20, 2004, for leave to serve and file a supplemental record containing the respondent's answer, amended answer, and discontinuance of counterclaims, attached as Exhibit B to the instant motion papers.

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

ORDERED that the motion is granted, and on or before December 19, 2005, the appellant shall serve and file a supplemental record containing the above-referenced material.

FLORIO, J.P., RITTER, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33562

S/sl

2005-06303 Michael G. DeVries, respondent-appellant, v Krista Jean DeVries, appellant-respondent. (Index No. 181/04)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Orange County, dated May 27, 2005.

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until February 21, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33495

D/sl

2005-10266 Baltazar Duarte, et al., respondents, v City of New York, appellant. (Index No. 24928/02)

ORDER ON APPLICATION

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

September 28, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 30, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33549

L/

2005-08676 Kyle W. Eifert, respondent, v Donald Alan Eifert, Jr., appellant. (Index No. 16396/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M33488

D/sl

2005-06205 Esti Elishkevitz, respondent, v David Gross, a/k/a Menachem Elishkevitz, appellant. (Index No. 35937/04)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 15, 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

M33555

S/sl

2005-01157 Susan B. Ellman, appellant, v Village of Rhinebeck, et al., respondents. (Index No. 5443/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Dutchess County, dated December 23, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 30, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33511

T/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-03362, 2005-03364 Elm Management Corp., respondent, v Yisroel Sprung, appellant, et al., defendant. (Index No. 21056/00)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Kings County, dated October 15, 2004, and February 18, 2005, in effect, to dismiss the appeal from the order dated February 18, 2005, on the ground that it is not appealable, or, in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is, in effect, to dismiss the appeal from the order dated February 18, 2005, is denied, without prejudice to raising the issue in the respondent's brief on appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until January 11, 2006, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33486

D/sl

2005-05762 Joy Elrington, appellant, v Ronald M. Staub, etc., et al., respondents. (Index No. 37262/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 27, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 14, 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

M33509

D/sl

2005-07088 Rosa Estrada, appellant, v New York City Transit Authority, respondent. (Index No. 37938/00)

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 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

M32644

O/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2003-06815, 2003-06817 Mary Bernadette Galvin, appellant, v William N. Francis, respondent. (Index No. 5594/00)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from an order of the Supreme Court, Richmond County, dated May 29, 2003, and an order and judgment (one paper) of the same court entered June 9, 2003, which were determined by decision and order of this court dated July 25, 2005, to delete the provision of the decision and order dated July 25, 2005, which awarded costs to the appellant.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., CRANE, GOLDSTEIN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33517

C/sl

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-09769 Moishe Gold, et al., respondents, v 29-15 Queens Plaza Realty, LLC, appellant. (Index No. 18613/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated September 27, 2005, pending hearing and determination of an appeal therefrom. Cross motion by the respondents to dismiss the appeal on the ground that the notice of appeal is defective.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as the order dated September 27, 2005, is not appealable as of right, and we decline to grant leave to appeal (see CPLR 5701); and it is further,

ORDERED that the motion and cross motion are denied as academic.

GOLDSTEIN, J.P., MASTRO, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33493

D/sl

2005-04613 Don Goldberger, respondent, v Harry Goldberger, et al., appellants. (Index No. 20228/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated April 15, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 9, 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

M33564

L/

2005-05954 Alvester Hayes, respondent, v Demicco Brothers, Inc., et al., appellants. (and a third and fourth party action) (Index No. 23612/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Demicco Brothers, Inc., to withdraw its 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 relation thereto, it is

ORDERED that the application is granted and the appeal by Demicco Brothers, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33547

S/sl

2005-00994, 2005-00995 Jerry Keitel, et al., appellants-respondents, v Neil Kurtz, et al., respondents, Elliot Dreznick, et al., respondents-appellants. (Index No. 23892/98)

ORDER ON APPLICATION

Application by the respondent St. Charles Hospital and Rehabilitation Center pursuant to 22 NYCRR 670.8(d)(2), on appeals and cross appeals from an order of the Supreme Court, Suffolk County, dated December 10, 2004, and a judgment of the same court dated January 13, 2005, to enlarge the time to serve and file a brief.

ORDERED that the application is granted, the movant's time to serve and file a brief is enlarged until February 6, 2006, and the movant's brief shall be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33490

D/sl

2005-05551 Michael J. Kohn, et al., plaintiffs, v Citigroup, Inc., et al., respondents, Richard Spatola, et al.,appellants, Ann M. Tarcher, et al., defendants. (Index No. 6385/00)

ORDER ON APPLICATION

Application by appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated April 26, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal 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.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33542

L/

2005-05159 Maria Laszczych, et al., respondents, v Yorkville Towers Associates, LP, et al., defendants third-party plaintiffs-appellants; Royal Restoration, Inc., third-party defendant- appellant. (Index No. 11357/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Royal Restoration, Inc., to withdraw their 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 relation thereto, it is

ORDERED that the application is granted and the appeal by Royal Restoration, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33548

L/

2005-08739 Gina Martinez, appellant, v St. Francis Hospital, et al., respondents. (Index No. 1788/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated June 30, 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

M33497

D/sl

2005-04606 Michaela Mayer, appellant, v 486 Associates, Inc., et al., respondents. (Index No. 38486/02)

ORDER ON APPLICATION

Application by the respondents 486 Associates, Inc., and 486 Realty Associates pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 21, 2005.

ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until January 9, 2006, and the movants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33565

L/

2005-10825 Joseph McAuliffe, respondent, v QPH, Inc., et al., defendants, Vladimir Milstein, appellant. (Index No. 47886/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, entered September 30, 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

M33496

D/sl

2004-09358 Matthew J. McGuckin, Jr., appellant, v Snapple Distributors, Inc., et al., respondents. (Index No. 17920/03)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated September 27, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 25, 2006, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33525

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-06550 Francisco Melesio, et al., plaintiffs-respondents, v Lawrence Oaks Limited Partnership, defendant- respondent, Creative Trucking Equipment, Inc., appellant. (and a third-party action). (Index No. 997/03)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 15, 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 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

M33530

L/

2005-07398 Carmelo Mendola, appellant, v Andrew Messina, et al., respondents. (Index No. 10091/05)

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 April 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

M33500

C/sl

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2004-01330, 2005-11116 Mark Misk, respondent, v Joyce G. Moss, et al., defendants, Angela O'Brien, appellant. (Index No. 10886/03)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Queens County, dated December 8, 2003, and an interlocutory judgment of the same court dated October 12, 2005, to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - December 2004 Calendar," dated December 27, 2004, as dismissed the appeal from the order dated December 8, 2003, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate that appeal, to enlarge the time to perfect the appeal, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeals.

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

ORDERED that the motion is denied.

GOLDSTEIN, J.P., MASTRO, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33553

S/sl

2005-06364 Nextel of New York, Inc., respondent-appellant, v 87-10 51St Avenue Owners Corporation, appellant-respondent. (Index No. 6398/04)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 6, 2005.

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until February 28, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33172

D/sl

2005-04917, 2005-4935 Angel Osorio, respondent, v Kenart Realty, Inc., et al., defendants, Madison 45 Company, appellant (and a third party action). (Index No. 47095/98)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated April 8, 2005, and April 15, 2005, respectively.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until January 10, 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

M33533

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-01983 Harshanie Persaud, respondent, v Jerome A. Persaud, appellant. (Index No. 7599/00)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated January 2, 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 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

M33502

T/sl

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-10762 Plaza Restoration, Inc., respondent, v Nationwide Mutual Insurance Company, appellant. (Index No. 11706/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all discovery in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated November 4, 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.

GOLDSTEIN, J.P., MASTRO, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33584

L/

2005-06060 Questech Financial, LLC, appellant, v Argonne Enterprises, LLC, et al., respondents. (Index No. 14989/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 18, 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

M33589

L/

2005-06042 Questech Financial, LLC, appellant, v Bronx River Parkway Donuts, Inc., et al., respondents. (Index No. 14981/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 18, 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

M33590

L/

2005-06047 Questech Financial, LLC, appellant, v Fleetwood Donuts, Inc., et al., respondents. (Index No. 14991/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 18, 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

M33583

L/

2005-06063 Questech Financial, LLC, appellant, v Food Systems, LLC, et al., respondents. (Index No. 14990/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 18, 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

M33568

L/

2005-06080 Questech Financial, LLC, appellant, v Gian Donuts, Inc., et al., respondents. (Index No. 14983/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 18, 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

M33581

L/

2005-06066 Questech Financial, LLC, appellant, v Constantine Gianopoulos, et al., respondents. (Index No. 9400/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 20, 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

M33586

L/

2005-06049 Questech Financial, LLC, appellant, v Mamaroneck Donuts, Inc., et al., respondents. (Index No. 14985/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 18, 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

M33569

L/

2005-06079 Questech Financial, LLC, appellant, v Scarsdale Donuts, Inc., et al., respondents. (Index No. 14979/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 18, 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

M33596

L/

2005-06076 Questech Financial, LLC, appellant, v TCM Coffee Shop, Inc., et al., respondents. (Index No. 14983/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 18, 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

M33573

L/

2005-06077 Questech Financial, LLC, appellant, v Tri Donuts, Inc., et al., respondents. (Index No. 14980/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 18, 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

M33579

L/

2005-06071 Questech Financial, LLC, appellant, v Tripi Donuts, Inc., et al., respondents. (Index No. 14978/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 18, 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

M33577

L/

2005-06073 Questech Financial, LLC, appellant, v Tuckahoe Donuts, Inc., et al., respondents. (Index No. 14977/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 18, 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

M33580

L/

2005-06068 Questech Financial, LLC, appellant, v Westchester Donuts, Inc., et al., respondents. (Index No. 14974/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 18, 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

M33588

L/

2005-06043 Questech Financial, LLC, appellant, v Yonkers Donuts, Inc., et al., respondents. (Index No. 14982/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 18, 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

M33591

L/

2005-06051 Questech Financial, LLC, appellant, v Yonkers Donuts, Inc., et al., respondents. (Index No. 14986/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 18, 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

M33592

L/

2005-06052 Questech Financial, LLC, appellant, v Yonkers Donuts, Inc., et al., respondents. (Index No. 14987/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 18, 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

M33594

L/

2005-06053 Questech Financial, LLC, appellant, v Yonkers Donuts, Inc., et al., respondents. (Index No. 14984/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 18, 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

M33505

D/sl

2005-09888 Christian Rodgers, plaintiff-respondent, v City of New York, et al., defendants-respondents, Georgette Miller, appellant (and a third-party action). (Index No. 36779/02)

ORDER ON APPLICATION

Application by the defendant-respondent Ammann & Whitney, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated September 16, 2005.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until February 6, 2006, 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

M33560

S/sl

2005-05487 Harry Ruddy, et al., respondents-appellants, v Lexington Insurance Company, et al., defendants- respondents, Treiber Group, LLC., defendant third-party plaintiff-respondent; AFG Partners, third-party defendant appellant-respondent. (Index No. 20736/02)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated April 27, 2005.

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

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until December 27, 2005, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before February 1, 2006 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondents shall serve and file their respective briefs on or before March 6, 2006;and it is further,

ORDERED that the appellant-respondent shall serve and file its reply brief on or before April 11, 2006, and the respondents-appellants shall serve and file their reply brief, if any, on or before April 26, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33535

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-08793 Desiree Salehi, etc., et al., respondents, v Januet Mauro, defendant third-party plaintiff- appellant; Kevin J. Mathers, third-party defendant-respondent. (Index No. 2617/02)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 28, 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 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

M33531

L/

2005-07212 Susan Schwadron, plaintiff-respondent, v Michael Schwadron, defendant-respondent, Joel Schwadron, et al., appellants. (Index No. 413/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated May 5, 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

M33567

L/

2005-01700 Shaub, Ahmuty, Citrin & Spratt, LLP, appellant, v New York City Transit Authority, respondent. (Index No. 205/04)

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 January 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

M33527

L/

2005-05034 Robert Smith, et al., appellants, v Cliffside Nursing Home, Inc., respondent. (Index No. 1122/03)

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 March 30, 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

M33528

L/

2005-07107 Robert Smith, et al., appellants, v Cliffside Nursing Home, Inc., respondent. (Index No. 1122/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M33534

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-07738 Larisa Spivak, plaintiff-respondent, v Marcia Chu, appellant, Debra Amato, defendant-respondent. (Index No. 22851/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 9, 2005.

Upon the stipulation of the attorneys for the respective parties, dated November 29, 2005, it is

ORDERED that the application is granted and the appeal is 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

M33552

S/sl

2005-05811 Willard Stillman, appellant, v Edward Kalikow, et al., respondents. (Index No. 3874/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated April 20, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 27, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33551

L/

2005-09618 Sun Young Ahn, appellant, v Neiman Marcus, respondent. (Index No. 16261/03)

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 13, 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

M33508

D/sl

2005-06511 Kyle Tierno, et al., appellants, v Winthrop University Hospital, et al., respondents. (Index No. 12712/03)

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, Nassau County, dated June 6, 2005.

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

M33427

T/sl

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-10872 Laurie Tropeano, plaintiff, v Steven Tropeano, defendant. (Action No. 1) (Index No. 11260-03) Kimberly Fischer, etc., appellant, v Laurie Tropeano, respondent. (Action No. 2) (Index No. 13296-05) Brent Albala, etc., plaintiff, v Laurie Tropeano, defendant. (Action No. 3) (Index No. 13297-05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated October 31, 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 granted and enforcement of the order dated October 31, 2005, is stayed 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.

GOLDSTEIN, J.P., MASTRO, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33526

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04490 Peter Velasquez, respondent-appellant, v 42-55 Colden Owners Corp. Co-op, appellant-respondent. (Action No. 1) (Index No. 7930/02) Peter Velasquez, respondent-appellant, v Alma Realty Corp., et al., appellants-respondents. (Action No. 2) (Index No. 32440/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Queens County, dated March 15, 2005.

Upon the stipulation of the attorneys for the respective parties, dated November 3, 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

M33504

D/sl

2005-03569, 2005-03634 Boris Vertsberger, et al., plaintiffs-respondents, v City of New York, respondent-appellant; Welsbach Electrical Corp., appellant-respondent. (Index No. 8831/98)

ORDER ON APPLICATION

Application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from an order and judgment (one paper) of the Supreme Court, Kings County, dated March 21, 2005, and an order of the same court, dated February 14, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33524

S/sl

2005-09004 Jeffrey Vogel, et al., appellants, v American Motorized Products, Inc., et al., defendants, Tecumseh Products, respondent. (Index No. 8802/03)

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 a judgment of the Supreme Court, Nassau County, dated August 17, 2005.

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

M33506

C/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-03024, 2005-07822 Lisa Yeager, etc., et al., appellants, v Robert Thompson, et al., respondents. (Index No. 10622/02)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Richmond County, dated January 18, 2005, and July 18, 2005, respectively, to enlarge the time to perfect the appeal from the order dated January 18, 2005.

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

ORDERED the motion is granted and the appellants' time to perfect the appeal from the order dated January 18, 2005 (Appellate Division Docket No. 2005-03024) is enlarged until January 11, 2006, 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; and it is further,

ORDERED that on the court's own motion, the appeal from the order dated July 18, 2005 (Appellate Division Docket No. 2005-07822), is dismissed, without costs or disbursements, as no appeal lies from an order denying a motion for reargument.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33408

M/nal

2005-11186 In the Matter of Cynthia Hope A. (Anonymous). St. Christopher Ottilie Family Services, respondent; LaToya Cynthia A. (Anonymous), a/k/a Latoya A. (Anonymous), appellant. (Docket No. B-6588/03)

SCHEDULING ORDER

Appeal by LaToya Cynthia A. (Anonymous), a/k/a Latoya A. (Anonymous) from an order of the Family Court, Queens County, dated October 31, 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

M33543

S/sl

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-11228 In the Matter of Alfred Cozine, petitioner, v Colleen Force-Haefling, respondent; Suffolk County Department of Social Services, nonparty-appellant; Danielle Schwager, nonparty-respondent. (Docket No. V-2970-00)

DECISION & ORDER ON MOTION

Appeal by the Suffolk County Department of Social Services from an order of the Family Court, Suffolk County, dated October 21, 2005.

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

ORDERED that the appellant's notice of appeal is treated as an application for leave to appeal to this court and leave to appeal is granted (see CPLR 5701[c]; Family Ct Act § 1112).

GOLDSTEIN, J.P., MASTRO, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33409

M/nal

2005-10485 In the Matter of William L. Harris, appellant, v Suffolk County Department of Social Services, o/b/o Patricia Gibbs, respondent. (Docket No. F-08924-05)

SCHEDULING ORDER

Appeal by William L. Harris from an order of the Family Court, Suffolk County, dated August 19, 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

M33411

M/nal

2005-10654 In the Matter of Lillian D. L. (Anonymous). Suffolk County Department of Social Services, respondent; Dolly L. (Anonymous) appellant. (Docket No. B-1902-05)

SCHEDULING ORDER

Appeal by Dolly L. from an order of the Family Court, Suffolk County, dated November 1, 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

M33419

M/nal

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

SCHEDULING ORDER

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

M33554

L/

2005-04259, 2005-04260, 2005-04261 In the Matter of Gulliver S. (Anonymous), a/k/a Gulliver Rafeal A. (Anonymous). Administration for Children's Services et al., petitioners-respondents; Yesenia S. (Anonymous), respondent; Rafael A. (Anonymous), respondent; Steven Banks, nonparty-appellant. (Proceeding No. 1) In the Matter of Samatha S. (Anonymous), a/k/a Samatha Jamilex A. (Anonymous). Administration for Children's Services et al., petitioners-respondents; Yesenia S. (Anonymous), respondent; Rafael A. (Anonymous), respondent; Steven Banks, nonparty-appellant. (Proceeding No. 2) In the Matter of Franchesca S. (Anonymous), a/k/a Franchesca Magdalena A. (Anonymous). Administration for Children's Services et al., petitioners-respondents; Yesenia S. (Anonymous), respondent; Rafael A. (Anonymous), respondent; Steven Banks, nonparty-appellant. (Proceeding No. 3 ) (Docket Nos. B-02450/01, B-2451/01, B-2452-01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from three orders of the Family Court, Queens County, all dated April 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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33519

E/sl

ANITA R. FLORIO, J.P.

BARRY A. COZIER

SONDRA MILLER

FRED T. SANTUCCI, JJ.

2004-02604 In the Matter of William Seals, petitioner, v Brion Fischer, respondent. (Index No. 9533/03)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to reargue his motion to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2005 Calendar", dated May 10, 2005, as dismissed a proceeding pursuant to CPLR article 78 for failure to timely perfect the same, to reinstate the proceeding, and to enlarge the time to perfect the proceeding, which was denied by decision and order on motion of this court dated September 16, 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., COZIER, S. MILLER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33485

D/sl

2005-06196 In the Matter of Robert Simmons, Jr., appellant, v New York City Police Department License Division, et al., respondents. (Index No. 20066/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 18, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 14, 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

M33541

L/

2004-11073 In the Matter of Tracey Simpson, respondent, v Anthony Bellere, appellant. (Docket No. V-09920-94)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated November 18, 2004.

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

M33410

M/nal

2005-10598 In the Matter of Neil M. Siskind, respondent, v Courtney A. Schael, appellant. (Docket No. V-07484/03)

SCHEDULING ORDER

Appeal by Courtney A. Schael from an order of the Family Court, Nassau County, dated October 18, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Appellate Division: Second Judicial Department

M33492

D/sl

2004-07416 The People, etc., respondent, v Halina Dzebolo, appellant. (Ind. No. 03-01147)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Westchester County, rendered August 13, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 23, 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

M33545

S/sl

2004-11228 The People, etc., respondent, v Nathaniel Jay, appellant. (Ind. No. 1818/03)

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 a judgment of the County Court, Nassau County, rendered December 15, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 12, 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

M33557

S/sl

2004-05040 The People, etc., respondent, v Robert Mims, appellant. (Ind. No. 3571/02)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 11, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33512

E/sl

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2003-11048 The People, etc., respondent, v Roy Velsor, appellant. (Ind. No. 3075/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Suffolk County, rendered November 17, 2003, inter alia, to unseal and release the minutes of the Grand Jury proceedings concerning the charge to the grand jury and to enlarge the record to include the transcripts of the minutes of those proceedings.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33503

D/sl

1996-06935 The People, etc., respondent, v George Walker, appellant. (Ind. No. 12888/95)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered July 30, 1996.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 6, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33499

D/sl

2005-09663, 2005-09965 The People, etc., appellant, v John Williams, a/k/a Earl Broomfield, respondent. (Ind. No. 4026/96)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from two orders of the Supreme Court, Kings County, dated June 21, 2005, and September 21, 2005, respectively.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 19, 2006, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court