Appellate Division: Second Judicial Department

M33629

T/sl

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-04488 Carlos Acuna, et al., respondents, v American Home Insurance Company, appellant. (Index No. 28081/04)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 4, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33683

L/

2005-07253 Tia Albig, et al., appellants, v Michelle Centrone, respondent. (Index No. 16561/04)

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ORDERED that the application is granted and the appeal is marked withdrawn.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

M33469

A/sl

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-10455 Juan Carlos Araujo, etc., et al., respondents, v Juan Carlos Perez Aviles, appellant. (Index No. 22868/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Kings County, entered August 29, 2005, pending hearing and determination of an appeal from an order of the same court dated September 23, 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

M33634

F/

2005-08135 Yusuf Avci, respondent, v Gerson Pressanto, et al., appellants. (Index No. 23304/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated July 5, 2005.

Upon the stipulation of the parties, dated October 19, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33672

L/

2005-08423 Anthony Barbella, appellant, v Chaudhry Faisal, respondent. (Index No. 23410/01)

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 June 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 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33697

L/

2005-08984 Lydia Batson, respondent, v New York City Transit Authority, et al., appellants. (Index No. 10235/04)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeals from an order of the Supreme Court, Richmond County, dated June 17, 2005.

Upon the stipulation of the parties, dated December 8, 2005, it is

ORDERED that the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33626

F/

2005-09765 Irene Baunach, respondent, v Island Medical Realty Associates, appellant. (Index No. 23460/03)

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 September 21, 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

M33649

C/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-11233 Lauren Beller, etc., respondent, v William Penn Life Insurance Company of New York, appellant. (Index No. 4845/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings, in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered October 31, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33619

F/

2005-07679 Gertrude Beyer, et al., respondents, v Burt Eichinger, et al., appellants. (Index No. 10769/02)

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 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

M33664

S/sl

2005-04298 Jill Cannon, respondent, v City of New York, et al., appellants. (Index No. 31315/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated April 6, 2005.

ORDERED that the application is granted and the reply brief shall be filed on or before December 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33618

T/sl

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-01129 David Caplan, appellant, v Lawrence Tofel, et al., respondents. (Index No. 1726/03)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an amended judgment of the Supreme Court, Dutchess County, dated December 22, 2004, to dismiss the appeal on the grounds that the issues raised on the appeal are precluded by the doctrine of Bray v Cox (38 NY2d 350), that the appeal was not timely perfected, and that the record on appeal is incomplete, or to enlarge their time to serve and file a brief, and cross motion by the appellant for leave to serve and file a supplemental record on appeal.

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

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the issues raised on the appeal are precluded by the doctrine of Bray v Cox (38 NY2d 350) is referred to the bench hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the record on appeal is inadequate is denied on condition that on or before January 12, 2006, the appellant shall serve and file a supplemental record containing the motion papers submitted to the Supreme Court which resulted in the orders of the Supreme Court, Dutchess County, dated November 3, 2003, and May 6, 2004, respectively; 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 respondents' time to serve and file a brief is enlarged until February 14, 2006, and the respondents' brief must be served and filed on or before that date; and it is further,

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

ORDERED that the cross motion is granted, and the supplemental record to be filed by the appellant may contain the material annexed as Exhibit B to the affirmation submitted by Jay A. Kaplan in support of the cross motion.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33657

C/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-00670 Douglas Casement, appellant, v Thomas J. O'Neill, etc., et al., respondents. (Index No. 00670/05)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Putnam County, dated December 3, 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 is enlarged until January 12, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

ADAMS, J.P., S. MILLER, RITTER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33643

Y/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-10829, 2005-10831, 2005-10904 Circle International Group, Inc., et al., respondents, v Valentina Anikeyeva, et al., appellants. (Index No. 12350/03)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of two orders of the Supreme Court, Kings County, dated August 9, 2005, and October 18, 2005, respectively, and a judgment of the same court dated October 28, 2005, pending hearing and determination of appeals therefrom.

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

ORDERED that the motion is granted and enforcement of the orders dated August 9, 2005, and October 18, 2005, respectively, and the judgment dated October 28, 2005, are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before January 17, 2006; and it is further,

ORDERED that in the event the appeals are not perfected on or before January 17, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33682

L/

2005-08553 Joseph Cuti, et al., respondents, v Waldbaum, Inc., appellant. (Index No. 5489/03)

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 9, 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

M33636

Y/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-01583, 2005-02297 Joseph Ferenczi, et al., respondents, v Port Authority of New York & New Jersey, appellant. (Index No. 25012/02)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from two orders of the Supreme Court, Kings County, dated September 14, 2004, and December 1, 2004, respectively, to strike portions of the record and the appellants' brief on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief.

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

ORDERED that the motion is granted; pages 552 through 553 of the record are stricken and point III of the appellant's brief is stricken and on or before January 3, 2006, the appellant shall remove pages 552 through 553 from all copies of the record and Point III from all copies of the briefs on file with this court; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until February 6, 2006, and the respondents' brief must be served and filed on or before that date.

ADAMS, J.P., S. MILLER, RITTER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33621

F/

2005-06980 Doris W. Finkel, appellant, v Thomas Terino, etc., et al., respondents. (Index No. 18383/04)

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 6, 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

M33520

E/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-10589 Helene Friedman, respondent, v Steven Friedman, appellant. (Index No. 3389/02)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to deem the notice of appeal from a so-ordered transcript of the Supreme Court, Queens County, dated October 7, 2005, as a premature notice of appeal from an order of the same court dated November 22, 2005, entered upon the transcript, and to stay enforcement of an order of the same court dated December 9, 2002, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is to deem the notice of appeal from the so-ordered transcript dated October 7, 2005, as a premature notice of appeal from the order dated November 22, 2005, entered upon the transcript, is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated December 9, 2002, pending hearing and determination of the appeal is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33617

F/

2005-06188 Saroj M. Gajjar, et al., appellants, v Shyamal Mahendraku Shah, et al., respondents. (Index No. 24672/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, entered May 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

M33668

L/

2005-09501 Phyllis Gangel, et al., plaintiffs-respondents, v Bancker Construction Corp., et al., appellants, Oceanside Union Free School District, et al., defendants-respondents. (Index No. 3239/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Verizon New York, Inc., to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 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 by Verizon New York, Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33620

F/

2005-07757 William Hale, respondent, v Ruben Ruiz, et al., appellants. (Index No. 47120/03)

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 10, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33607

F/

2005-06858 Halmar Builders of New York, Inc., etc., et al., respondents, v Ajay, Inc., defendant; Empire Insurance Group, et al., appellants. (Index No. 12156/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 10, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33658

C/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-03026 Zwardie Howard, et al., appellants, v Karen Perito, et al., respondents. (Index No. 32017/02)

DECISION & ORDER ON MOTION

Motion by the respondents William Drayton and Danielle Kelly to dismiss an appeal from an order of the Supreme Court, Queens County, dated February 14, 2005, on the ground that the appellants have failed to timely perfect the appeal. Separate motion by the respondents Karen Perito and Mary Fileccia for the same relief. Cross motion by the appellants to enlarge the time to perfect the appeals.

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

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

ORDERED that the appellants' time to perfect the appeal is enlarged until January 12, 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 the motions are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33684

O/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-10948, 2005-10949 Patrick Ingle, appellant, v Sheung Ingle, respondent. (Index No. 05-3040)

DECISION & ORDER ON MOTION

Motion by the plaintiff, inter alia, for leave to appeal to this court from two orders of the Supreme Court, Westchester County, dated October 27, 2005, and October 31, 2005, respectively.

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

ORDERED that the branch of the motion which is for leave to appeal from the orders is granted; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33638

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-03132, 2005-08424 International Shoppes, Inc., et al., appellants, v Arleigh Spencer, respondent. (Index No. 10559/04)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss appeals from two orders of the Supreme Court, Nassau County, dated March 1, 2005, and June 30, 2005, respectively, on the ground that the orders were never properly entered, and cross application by the appellant to enlarge the time to serve and file a reply brief.

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

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

ORDERED that cross application is granted and the appellants' time to serve and file a reply brief is enlarged until December 28, 2005, and the reply brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33665

S/sl

2005-03931 Michael Jaliman, appellant, v Janine Selendy, et al., respondents. (Index No. 12820/04)

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, Westchester County, dated March 17, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 3, 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

M33666

S/sl

2005-02412 Raymond Jorbel, et al., appellants-respondents, v Edward Kopko, et al., respondents-appellants. (Index No. 6033/04)

ORDER ON APPLICATION

Application by the appellants-respondents 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, Rockland County, dated February 4, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 13, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33692

L/

2005-00994 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 to Withdraw Appeal

Application by the respondents-appellants Stephen Sirota and Rehabilitation Medicine Services, P.C., to withdraw their cross appeal from an order of the Supreme Court, Suffolk County, dated December 10, 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 cross appeal by Stephen Sirota and Rehabilitation Medicine Services, P.C., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33690

L/

2005-09958 Jerry Keitel, et al., plaintiffs-respondents, v Neil Kurtz, et al., defendants-respondents, Elliot Dreznick, etc., et al., appellants. (Index No. 23892/98)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants Stephen Sirota and Rehabilitation Medicine Services, P.C., to withdraw their appeal from an order of the Supreme Court, Suffolk County, dated September 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 by Stephen Sirota and Rehabilitation Medicine Services, P.C., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33625

Y/sl

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-04551, 2005-07755, 2005-07762 Thelma R. Kolatch, appellant, v Town of Amenia Planning Board, et al., respondents. (Index No. 5377/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated April 20, 2005, and to consolidate that appeal with appeals from two orders of the same court dated July 26, 2005, and August 1, 2005, respectively.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect is granted; the appellant's time to perfect the appeal from the order dated April 20, 2005 (Appellate Division Docket No. 2005-04551), is enlarged until February 9, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is for consolidation is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33685

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2004-10648 Christina Kotsakos, appellant, v Christos Tsirigotis, et al., respondents. (Index No. 22013/01)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Kings County, entered October 22, 2004, on the ground that the appellant did not take an appeal from an order of the same court dated June 9, 2003. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

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

ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged until January 13, 2006, and the respondents' 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

M33630

F/

2004-09896 John Kramer, respondent, v Angela Kramer, appellant. (Index No. 10872/95)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Suffolk County, dated September 20, 2004.

Upon the stipulation of the parties, dated September 26, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33689

L/

2005-04887 Karen Leech, respondent, v Edward J. Leech, appellant. (Index No. 04-9395)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M33676

E/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-10595 James Malloy, appellant, v Sheila A. Malloy, respondent. (Index No. 01-3975)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, entered September 12, 2005, for leave to appeal to this court from any Qualified Domestic Relations Order entered upon the judgment and, in effect, to stay enforcement of so much of the judgment as awarded the respondent the sum of $132,759 pending hearing and determination of appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as academic as no Qualified Domestic Relations Order has been entered; and it is further,

ORDERED that the branch of the motion which is, in effect, to stay enforcement of so much of the judgment as awarded the sum of $132,759 pending hearing and determination of appeal is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33686

L/

2005-07651 Joseph V. Martinez, et al., respondents, v Elrac, Inc., et al., appellants (and a third-party action). (Index No. 1957/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Nassau County, dated July 14, 2005.

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

ORDERED that the applications are granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33642

S/sl

2004-09563 Stanley C. Matusewicz, appellant, v Nine M. Prysock, respondent. (Index No. 10797/99)

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, Suffolk County, dated August 27, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 20, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33639

T/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-11238 Mortgage Electronic Registration Systems, Inc., etc., respondent, v Glenn Staley, appellant, et al., defendants. (Index No. 8880/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated October 31, 2005, in effect, to stay transfer of the refree's deed, pending hearing and determination of the appeal from the order.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33680

L/

2005-07889 Helen Murphy, respondent, v Enterprise Car Sales, appellant, et al., defendants. (Index No. 20430/03)

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 25, 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

M33673

L/

2005-08114, 2005-08115 New York Cooling Towers, Inc., respondent, v Eric Goidel, et al., appellants. (Index No. 4023/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw appeals from two orders order of the Supreme Court, Queens County, both 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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33614

F/

2005-09258, 2005-09497 New York Hospital Medical Center of Queens, respondent, v Hudson Insurance Company, appellant. (Index No. 18401/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from an order of the Supreme Court, Nassau County, dated August 23, 2005, and a judgment of the same court, dated August 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 appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33667

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-07936 Edwin Padilla, respondent, v DSS Jamaica, LLC, appellant. (Index No. 26642/00)

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, Kings County, dated July 16, 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

M33670

L/

2005-02218 Marilyn Panke, respondent, v Robert H. Flinn, appellant. (Index No. 1083/04)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33669

L/

2005-10255 Lois Rodriguez, et al., respondents, v Southside Hospital, et al., appellants, et al., defendants. (Index No. 16863/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 23, 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

M33628

F/

2005-03392 Miguel Angel Rodriguez, respondent, v Antonio Vazquez, et al., appellants. (Index No. 49030/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated February 25, 2005.

Upon the stipulation of the parties, dated October 26, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33635

F/

2005-08204 Courtney Roker, plaintiff-respondent, v James W. Hyatt, et al., defendants-respondents; Reginald Fevilien, et al., appellants. (Index No. 14189/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Nassau County, dated June 16, 2005.

Upon the stipulation of the parties, dated October 31, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33612

F/

2005-08083 Jennifer Santiago, et al., respondents, v Faigy L. Englard, et al., appellants. (Index No. 5688/04)

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 27, 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

M33624

F/

2005-08792 Jesse J. Schroeder, respondent, v Cellini Restaurant, appellant. (Index No. 5546/04)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M33671

L/

2005-09044 Spectra Engineering, Architecture and Surveying, P.C., appellant, v Rupson Corporation, respondent. (Index No. 3407/05)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Dutchess County, dated August 26, 2005.

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

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33599

S/sl

2005-03214 State of New York, respondent, v City of Yonkers, appellant. (Index No. 21081/02)

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 and judgment (one paper) of the Supreme Court, Westchester County, dated February 15, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33651

C/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-01525 Ira Tanzer, etc., appellant, v Alan DeCarlo, etc., et al., respondents. (Index No. 14975/04)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated December 17, 2004, for failure to timely perfect the same.

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 the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33687

L/

2005-04729 David L. Tashjian, respondent, v Maryanne Z. Tashjian, appellant. (Index No. 2178/02)

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 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

M33688

L/

2005-07467 Maryanne Z. Tashjian, appellant, v David L. Tashjian, respondent. (Index No. 19106/02)

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 July 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

M33693

L/

2005-05414 Carmela Tesoro, plaintiff-appellant, v City of New York, defendant, Price Is Rite, Inc., defendant third-party defendant-respondent, Gail Chamides, defendant third-party plaintiff- respondent; Colonial Indemnity Insurance Company, third-party defendant-appellant. (Index No. 2440/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Carmela Tesoro to withdraw an appeal from an order of the Supreme Court, Kings 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 Carmela Tesoro, is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33609

F/

2005-06848 2178 Forest, LLC, respondent, v Anthony Viscuso Brokerage Inc., et al., appellants. (Index No. 11990/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Anthony Viscuso Brokerage Inc., to withdraw an appeal from an order of the Supreme Court, Richmond 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 by Anthony Viscuso Brokerage Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33641

S/sl

2005-05977 John VanLeeuwen, etc., et al., appellants, v Henry P. VanLeeuwen, respondent, et al., defendant. (Index No. 2885/00)

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, Dutchess County, dated May 4, 2005.

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

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M33632

F/

2005-05299 Vanliner Insurance Company, a/s/o Padded Wagon, Inc., et al., respondent, v Roseann Straitz, et al., appellants. (Index No. 26158/98)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Nassau County, entered February 5, 2005.

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

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33648

C/sl

GLORIA GOLDSTEIN, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-09947 Kathleen Volpe-Cipriano, appellant, v Joseph C. Cipriano, respondent. (Index No. 13182/97)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, dated September 30, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33622

F/

2005-07359 Water Mill Lumber and Home Center, Inc., respondent, v John Zadarla, etc., appellant. (Index No. 29048/04)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33544

S/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-07137 John Whitfield, appellant, v State of New York, respondent. (Claim No. 107985)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 1, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant for leave to prosecute an appeal from an order of the Court of Claims, dated July 6, 2005, as a poor person.

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

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

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

ORDERED that payment of the filing fee is waived.

H. MILLER, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33646

T/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2005-05951 In the Matter of Ronald M. Ackridge, petitioner, v Samuel Walker, etc., respondent.

DECISION & ORDER ON MOTION

Motion by the petitioner pro se for leave to reargue a proceeding pursuant to CPLR article 78 in the nature of prohibition and mandamus, which was determined by decision, order and judgment of this court dated October 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., COZIER, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33694

L/

2005-07764 In the Matter of David Deutsch, respondent, v Herman Stern, et al., appellants. (Index No. 9182/04 )

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw a judgment 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 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

M33633

T/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-08797 In the Matter of Cyrenna Dewhurst, appellant, v Commissioner of Social Services, et al., respondents. (Proceeding No. 1) (Docket No. V-5226-00) In the Matter of Joshua Hersh, appellant, v Commissioner of Social Services, et al., respondents. (Proceeding No. 2) (Docket No. V-10011-05)

DECISION & ORDER ON MOTION

Separate motions by the appellants for leave to prosecute appeals from an order of the Family Court, Westchester County, dated August 24, 2005, as poor persons, and for the assignment of counsel.

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

ORDERED that the motions are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33637

T/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-09978, 2005-09980 In the Matter of Sandra Edwards, respondent, v Robert Edwards, appellant. (Docket No. O-9411-05)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Westchester County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Westchester County, both dated September 28, 2005, and to grant the appellant leave to prosecute the appeals as a poor person.

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 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 appeals; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before December 27, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

 ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeals and leave to prosecute the appeals as a poor person are denied with leave to the appellant to renew, on or before January 13, 2006, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeals.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33647

T/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-09978, 2005 09980 In the Matter of Sandra Edwards, respondent, v Robert Edwards, appellant. (Docket No. O-9411-05)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the respondent in a proceeding before the Family Court, Westchester County, to be relieved, and for the assignment of new counsel to defend appeals from two orders of the Family Court, Westchester County, both dated September 28, 2005.

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

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

ORDERED that counsel shall serve a copy of this decision and order upon the respondent on or before December 27, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

 ORDERED that the branches of the motion which seeks assignment of new counsel to represent the respondent on the appeals and leave to prosecute the appeals as a poor person are denied with leave to the respondent to renew, on or before January 13, 2006, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the respondent is interested in defending the appeals.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33605

F/

2005-09626 In the Matter of Jaime Farlese, respondent- appellant, v Louis Pagan, appellant-respondent. (Docket No. V-08164-01/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent Louis Pagan to withdraw an appeal from an order of the Family Court, Dutchess County, dated August 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 by the appellant-respondent is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33696

L/

2005-04293 In the Matter of James Fitzgerald, respondent, v State University of New York at Stony Brook, appellant. (Index No. 6016/05)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Suffolk County, dated April 18, 2005.

Upon the stipulation of the parties, dated December 5, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33699

L/

2005-09161 In the Matter of James Krische, appellant; Franklin Mangra, et al., respondents. (File No. 2346/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Queens County, dated August 8, 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

M33640

Y/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-06523 In the Matter of Janice Rogers, appellant, v Andrew Hillman, respondent. (Docket No. V-01431-04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to renew a prior motion for the assignment of counsel to prosecute an appeal from an order of the Family Court, Westchester County, dated June 6, 2005, and leave to prosecute the appeal as a poor person, which was decided by decision and order on motion of this court dated October 24, 2005.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33602

F/

2005-07553, 2005-09415 In the Matter of Corey W. (Anonymous). Suffolk County Department of Social Services, respondent; John S .W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Kaila W. (Anonymous). Suffolk County Department of Social Services, respondent; John S. W. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-22042-04, N-22043-04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from two orders of the Family Court, Suffolk County, dated June 24, 2005, and July 28, 2005, respectively.

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

ORDERED that the application is granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M33405

F/

ROBERT A. SPOLZINO, J.

2005-09634 The People, etc., plaintiff, v Jean Rudy Frantz, defendant. (Ind. No. 442/96)

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, Queens County, dated June 1, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

ROBERT A. SPOLZINO

Associate Justice

Appellate Division: Second Judicial Department

M33663

Y/sl

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-02145 The People, etc., respondent, v Boris Gelfand, appellant. (Ind. No. 29974/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, rendered March 1, 2005.

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

ORDERED that the motion is 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 27, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M33473

F/

ROBERT A. LIFSON, J.

2005-09795 The People, etc., plaintiff, v Dominick LaRocco, defendant. (Ind. No. 3221/96)

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, Queens County, dated September 27, 2005, which has been referred to me for determination.

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

ORDERED that the application is denied.

ROBERT A. LIFSON

Associate Justice

Appellate Division: Second Judicial Department

M33513

A/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2003-05970 The People, etc., respondent, DECISION & ORDER v Ezra Leslie, appellant. (Ind. No. 2111/01)

ON MOTION Motion Pro Se to Relieve Counsel of Assignment

Motions by the appellant pro se (1) to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered June 12, 2003, and for leave to prosecute the appeal pro se, or (2) for leave to serve and file a supplemental brief 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 to relieve assigned counsel and for leave to proceed pro se is denied; and it is further,

ORDERED that the motion for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings, if any, 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

Appellate Division: Second Judicial Department

M33660

C/sl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2004-02291 The People, etc., respondent, v Emile Moreau, appellant. (Ind. No. 2742/02)

DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief

Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered March 9, 2004.

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

ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before February 15, 2006; and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33587

S/sl

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2001-02634 The People, etc., respondent, v Arthur Pruitt, appellant. (Ind. No. 2310/99)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 9, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Nassau County, rendered March 14, 2001.

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 respondent's time to serve and file a brief is enlarged and the respondent's brief which was submitted to the Clerk of this court on November 30, 2005, is accepted for filing; and it is further,

ORDERED that the appellant's reply brief, if any, shall be served and filed on or before December 27, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court