Appellate Division: Second Judicial Department

M33757

CF/

2005-04873 Sunshine Alessi, respondent, v Nicholas F. Gozo, appellant. (Index No. 24474/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 26, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33751

CF/

2005-06016 Baldwin Fitness Center, Inc., d/b/a Extreme Fitness of Baldwin, respondent, v Nickart Realty Corporation, appellant. (Index No. 5865/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, entered May 23, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33742

M/nal

2005-05941 Deonarine Beharry, et al., respondents, v Public Storage, Inc., et al., appellants (and a third-party action). (Index No. 1523/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated May 24, 2005.

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

M33750

CF/

2005-09508 Shareem Braxton, et al., plaintiffs, Hilda E. Willocks, appellant, v Juan De Los Santos, et al., respondents. (Index No. 8786/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33714

S/sl

2005-01693 Sharon Verwayne Clark, et al., appellants, v Thomas McGregor, et al., respondents. (Index No. 43472/02)

ORDER ON APPLICATION

Application by the respondent Troy N. Verwayne 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 December 7, 2004.

ORDERED that the application is granted and the time of the respondent Troy N. Verwayne to serve and file a brief is enlarged until January 26, 2006, and that 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

M33775

S/sl

2005-06198 Concord Limousine, Inc., plaintiff-appellant, v Nora Orezzoli & Advantage Advertising Agency, Inc., defendant third-party plaintiff- respondent, et al., defendant; Alex Gavrilov, et al., third-party defendants-appellants. (Index No. 19347/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated May 20, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until February 14, 2006, and the record or appendix on the appeals and the appellants' brief(s) must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33729

L/

2005-08727 Carolina Cristofaro, et al., plaintiffs, v Eastern Savings Bank, defendant third-party plaintiff-respondent; Unity Building Services, Inc., third-party defendant-appellant. (Index No. 1439/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M33740

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04130 Jesse Crowe, et al., plaintiffs-respondents, v F 3 Corporation, et al., appellants, Lin Li Ping, defendant-respondent. (Index No. 6386/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 23, 2005.

Upon the stipulation of the attorneys for the respective parties, dated October 24, 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

M33717

S/sl

2005-04952 Dental Health Associates, et al., respondents, v Ali Zangeneh, appellant, et al., defendants. (Index No. 203/99)

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 interlocutory judgment of the Supreme Court, Orange County, entered January 20, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 10, 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

M33810

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-02693 Rahleek Dingle, etc., et al., respondents, v Long Island College Hospital, et al., appellants. (Index No. 11763/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 4, 2005.

Upon the stipulation of the attorneys for the respective parties, dated December 5, 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

M33645

A/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-09147 Susan Dunkin-Pelligrini, appellant, v Robert Bernard, etc., respondent. (Index No. 01-7363)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered August 7, 2005, on the ground that it was not timely taken.

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., ADAMS, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33765

CF/

2005-08729 Laurette Escarment, appellant, v City of New York, et al., respondents. (Index No. 37105/98)

ORDER ON APPLICATION Application to Withdraw Appeal

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33784

CF/

2005-06070 Norris Fox, respondent, v Nina Fox, appellant. (Index No. 19651/02)

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 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

M33785

CF/

2005-06072 Norris Fox, respondent, v Nina Fox, appellant. (Index No. 19651/02)

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 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

M33754

CF/

2005-05933 Lynn Gancedo, respondent, v Heritage Gardens at Brentwood, LLC, appellant. (Index No. 29153/02)

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 May 19, 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

M33659

C/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-09602 Sherif Ghabros, respondent, v American Transit Insurance Company, appellant. (Index No. 42807/03)

DECISION & ORDER ON MOTION

Motion by the appellant 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 - June 2005 Calendar", dated July 5, 2005, as dismissed an appeal from an order of the Supreme Court, Kings County, dated September 14, 2004, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate 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 motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33808

L/

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-04635 Belitza Gomez, respondent, v Steuben Realty Corp., appellant. (Index No. 36636/02)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 6, 2005.

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

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

FLORIO, J.P., SCHMIDT, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33749

CF/

2005-03574 Pedro Heridia, appellant, v Nestor Rodriguez, et al., respondents. (Index No. 13950/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 17, 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

M33753

CF/

2005-06811 Kenneth Hyland, appellant-respondent, v Washington Group International, Inc., respondent, Richards Plumbing and Heating Co., Inc., respondent-appellant. (Index No. 170/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated May 19, 2003.

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

ORDERED that the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33662

A/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2005-03826 DECISION & ORDER Interbay Funding, LLP, etc., plaintiff-respondent, v Robert Atkinson, appellant, New York City Environmental Control Board, et al., defendants; Rafael Yaghoubian, intervenor-respondent. (Index No. 28273/02)

ON MOTION

Separate motions by the plaintiff-respondent and the intervenor-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 23, 2005, for failure to timely perfect the same, and cross motion by the appellant to enlarge his time to perfect the appeal.

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

ORDERED that the motions are 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]); and it is further,

ORDERED that the cross 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

M33764

CF/

2005-07980 K & L Concrete, LLC, respondent, v J. Barr Construction Corp., defendant, National Grange Mutual Insurance Company, appellant. (Index No. 25917/04)

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 May 19, 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

M33709

S/sl

2005-00271, 2005-00273 Edward Kelley, a/k/a Adarsi Das, et al., appellants, v Aruna Garuda, a/k/a Aruna Devi Das, et al., respondents. (Index No. 7016/04)

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 appeals from two orders of the Supreme Court, Nassau County, both entered October 28, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 11, 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

M33763

CF/

2005-06810 Kazmierz Klimaszewski, et al., plaintiffs- respondents, v Allison Schneider, et al., defendants-respondents; Steve Mark, Inc., defendant third-party plaintiff-appellant; L & Z Restoration, third-party defendant- respondent. (Index No. 27335/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33741

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-01030 Eduard Levin, respondent, v Roman Isayeu, et al., defendants, Burlington Insurance Company, appellant. (Index No. 41183/83)

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 November 19, 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

M33806

O/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-04436 Manufacturers & Traders Trust, respondent, v Charles Stewart, et al., appellants. (Index No. 940/03)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated April 6, 2005.

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

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

ORDERED that the appellants' time to perfect the appeal is enlarged until January 30, 2006, and the record or appendix on the appeal and the appellants' 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

M33762

CF/

2005-05779 Herbert Marion, appellant, v Community Training Center, et al., respondents. (Index No. 9782/02)

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 May 18, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33736

L/

2005-06229 Markas Group, respondent, v Tadco Construction Corporation, appellant. (Index No. 28004/04)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M33771

S/sl

2005-06481 John Matone, et al., respondents, v Sycamore Realty Corp., appellant, et al., defendants. (Index No. 21270/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 7, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 21, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33739

L/

2005-10895 Patrick W. McArthur, et al., respondents- appellants, v A. Waalee Muhammad, et al., defendants, County of Suffolk, appellant- respondent. (Index No. 15386/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondents-appellants to withdraw their cross appeal from an order of the Supreme Court, Suffolk County, dated October 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 cross appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33788

CF/

2005-05907 Sharon Messier, respondent, v Coram-Selden Dental Group, appellant. (Index No. 30382/01)

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 May 10, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33755

C/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2004-05235 Midlantic Commercial Leasing Corp., respondent, v Isaac Levin, appellant, et al., defendant. (Index No. 4034/88)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated May 24, 2004, which was determined by decision and order of this court dated October 24, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33743

M/nal

2005-05537 John P. Molloy, respondent, v City of New York, et al., appellants. (Index No. 2451/05)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the appellants' time to perfect their separate appeals is enlarged until February 1, 2006, and the record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33760

CF/

2005-03215 Michael Morano, et al., plaintiffs-respondents, v Westchester Paving & Sealing Corp., defendant-respondent, Columbus Construction Corp., appellant, et al., defendants. (Index No. 4353/00)

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 February 17, 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

M33722

A/sl

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-04061 Mount Sinai Hospital, a/a/o Lily Sagiv, et al., respondents, v Allstate Insurance Company, appellant. (Index No. 13570/03)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Nassau County, entered February 14, 2005, to strike the appellant's brief and portions of the record on appeal, on the ground that they refer to matter dehors the record, and to dismiss the appeal.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33767

CF/

2005-06017 Peter J. Munda, et al., respondents, v Barry Cohen, etc., et al., appellants. (Index No. 17586/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated May 3, 2005.

Upon the stipulation of the parties, dated December 7, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33713

S/sl

2005-03016 Carmel Murphy, etc., appellant, v Stevee Carnesi, et al., respondents. (Index No. 12914/01)

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 an order of the Supreme Court, Richmond County, dated February 14, 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

M33780

S/sl

2005-06227 NYCTL 1996-1 Trust, etc., et al., appellants, v 1467-39 Street Corp., respondent, et al., defendants. (Index No. 17237/97)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 9, 2005.

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

M33783

CF/

2005-08783 North Shore Plumbing Supply, Inc., respondent, v Finest Mechanical Corp., defendant, Nathan Pegoli, appellant. (Index No. 24356/04)

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 August 2, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33656

C/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-08584 Northfield Insurance Company, a/s/o Dollar Rent-A-Car Systems, Inc., plaintiff-respondent, v Model Towing & Recovery, appellant, AARK Construction Group, Ltd, et al., defendants- respondents. (Index No. 14043/04)

DECISION & ORDER ON MOTION

Motion by the defendant-respondent Newstress International, Inc., to dismiss the appeal by Model Towing & Recovery from an order of the Supreme Court, Queens County, dated July 19, 2005, on the ground that the appellant is not aggrieved by the order. Separate motions by the defendants BGA Engineeers, Inc., AARK Construction Group, Ltd., and The Bilow Group, Inc., respectively, for the same relief.

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

ORDERED that the motions are granted and the appeal is dismissed, without costs or disbursements (see Marini v Termini, 4 AD3d 342).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33730

L/

2005-08561 Northport/East Northport Union Free School District, et al., respondents, v United National Insurance Company, et al., appellants. (Index No. 8019/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Nassau County, dated July 14, 2005.

Upon the stipulation of the parties, dated December 6, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33776

S/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-06039, 2005-06041 Mitchel Ochs, appellant-respondent, v Stacey Ochs, respondent-appellant. (Index No. 360/02)

DECISION & ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Westchester County, dated December 7, 2004, and a judgment of the same court dated May 26, 2005.

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

ORDERED that on the court's own motion the appeal and cross appeal from the decision (Appellate Division Docket No. 2005-06039) are dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the judgment is granted and the respondent-appellant's time to perfect the appeal is enlarged until February 27, 2006, and the record or appendix on the appeal and the respondent-appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is otherwise denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33710

S/sl

2005-03594 Maria Outlaw, respondent-appellant, v Citibank, N.A., appellant-respondent. (Index No. 6171/03)

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 a judgment of the Supreme Court, Kings County, entered April 7, 2005.

ORDERED that the application is granted, and the appellant-respondent's time to perfect the appeal is enlarged until January 26, 2006, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33748

M/nal

2005-06191 Peabody Real Estate Co., Inc., respondent, v Intercommunity Relations Council, Inc., of Rockland County, appellant. (Index No. 6240/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated May 8, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 19, 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

M33782

CF/

2005-08705 Pocantino Home & Land Company, LLC, et al., respondents, v Pocantino Hills Central School District, et al., appellants. (Index No. 12845/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 26, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33768

CF/

2005-09571 Martha Procida, respondent, v Gaspar Procida, appellant, (and a third-party action). (Index No. 16124/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33644

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-06851, 2005-10642 RCN Construction Corp., respondent, v Fleet Bank, N.A., defendant third-party plaintiff; Neal Mandel, et al., third-party defendants-appellants. (Index No. 7890/02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of two orders of the Supreme Court, Suffolk County, dated May 19, 2005, and October 18, 2005, respectively, pending hearing and determination of appeals therefrom.

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

ORDERED that on the court's own motion, the appeal from the order dated May 19, 2005 (Appellate Division Docket No. 2005-06851), is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see Lumberman's Mut. Cas. Co. v Fireman's Fund American Insurance Co., 117 AD2d 588); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated May 19, 2005, is denied as academic; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of so much of the order dated October 18, 2005, as directed the appellants to pay the sum of $3,000 to the respondent as an attorney's fee is granted, and that portion of the order is stayed pending hearing and determination of the appeal on condition that the appeal from the order dated October 18, 2005, is perfected on or before January 12, 2006; and it is further,

ORDERED that in the event the appeal from the order dated October 18, 2005, is not perfected on or before January 12, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33728

L/

2005-09660 Mary Reiner, appellant-respondent, v Richard Reiner, respondent-appellant. (Index No. 23801/02)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated September 8, 2005.

Upon the stipulation of the parties, dated November 18, 2005, it is

ORDERED that the appeal and cross appeal are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33761

CF/

2005-04792 Ninfa Sanchez, appellant, v United Funding, Inc., et al., respondents. (Index No. 7455/04)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Queens County, dated March 31, 2005.

Upon the stipulation of the parties, dated December 9, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33795

O/nal

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-03856 Michelle Scartozzi, respondent-appellant, v Gino Scartozzi, appellant-respondent; Janis Parazelli, nonparty-respondent. (Index No. 30107/97)

DECISION & ORDER ON MOTION

Motion by the nonparty-respondent to dismiss an appeal and cross-appeal from an order of the Supreme Court, Nassau County, dated April 4, 2005, on the ground that the record is incomplete, to recall and vacate a decision and order on motion of this court dated September 26, 2005, which stayed enforcement of so much of the order dated April 14, 2005, as directed the parties to pay the Law Guardian a certain sum and referred certain issues regarding the Law Guardian's fee for a hearing, or, in the alternative, to enlarge the time to serve and file a brief, and cross motion by the respondent-appellant to impose sanctions against the nonparty-respondent.

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

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,

ORDERED that the nonparty-respondent's time to serve and file a brief is enlarged until January 17, 2006, and the 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 denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33766

CF/

2005-08192 Mildred Ser, et al., respondents, v Tons of Fun, Inc., appellant. (Index No. 7985/03)

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 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

M33781

S/nal

2005-05948 Petar Simonovic, appellant, v Marathon National Bank of New York, respondent. (Index No. 12684/04)

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, Queens County, dated April 29, 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

M33731

A/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-08618 Hugh J. Sneddon, petitioner, v Helena Greene, et al., respondents. (Docket No. 1203/03)

DECISION & ORDER ON MOTION

Motion by Helena Greene and Lawrence Greene for leave to reargue a motion for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated April 29, 2005, which affirmed a final judgment of the Justice Court of the Town of Pelham, Westchester County, entered October 2, 2002, and dismissed an appeal from an order of the same court also dated October 2, 2002, which was determined by decision and order on motion of this court dated November 1, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this court.

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

ORDERED that the motion is denied, with $100 costs.

ADAMS, J.P., CRANE, S. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33734

L/

2005-07038 Jacqueline Stamper-Hugele, appellant, v 26501 Union Turnpike, LLC, et al., respondents. (Index No. 33182/02)

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 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

M33758

CF/

2005-03282 Telemark Construction Management, Inc., et al., plaintiffs/counterclaim-defendants respondents, v Ross School, et al., defendants/ counterclaim-plaintiffs respondents; P.W. Grosser Consulting Engineer and Hydrogeolgist, P.C., et al., counterclaim-defendants appellants, Telemark Millwork, Inc., et al., counterclaim- defendants respondents. (Index No. 25148/00)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Douglass S. Plotke, Jr., Inc., to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 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 Douglass S. Plotke, Jr., Inc., is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33759

CF/

2005-05945 10 Holder Apartments Corp., et al., respondents, v Boris Loshak, et al., appellants. (Index No. 3120/03)

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 April 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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33715

E/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2005-10870 Town of Brookhaven, respondent, v Joseph Mascia, et al., appellants. (Index No. 2018/04)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay enforcement of an order and judgment of the Supreme Court, Suffolk County, dated September 30, 2005, pending hearing and determination of an appeal therefrom.

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

ORDERED that the branch of the motion which is to stay enforcement of so much of the order and judgment as directed the removal of the subject structure is granted and enforcement of so much of the order and judgment dated September 30, 2005, as directed the removal of the subject structure is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 17, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 17, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33779

S/sl

2005-06827 VSF Coalition, Inc., et al., appellants, v Nicholas Scoppetta, etc., et al., respondents. (Index No. 17013/03)

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, Kings County, dated June 6, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 28, 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

M33744

S/sl

2005-05499 In the Matter of Generosa Ammon, a/k/a Generosa Ammon-Pelosi, a/k/a Generosa Pelosi, deceased. Daniel Pelosi, appellant; Gerard J. Sweeney, respondent. (File No. 1609/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decree of the Surrogate's Court, Suffolk County, dated May 2, 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

M33747

S/sl

2005-01920 In the Matter of Generosa Ammon, a/k/a Generosa Ammon Pelosi, a/k/a Generosa Pelosi, deceased. Daniel J. Pelosi, appellant; Gerald J. Sweeney, respondent. (File No. 1609/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Surrogate's Court, Suffolk County, dated January 31, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 27, 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

M33390

F/

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-08283 In the Matter of Amber B. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kenneth E. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Jonathan E. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kenneth E. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Kelly E. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kenneth E. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) In the Matter of Ruth E. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kenneth E. (Anonymous), appellant, et al., respondent. (Proceeding No. 4) (Docket Nos. N-4342-04, N-4343-04, N-4344-04, N-4345-04, N-4346-04)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated June 9, 2005, and for leave to the appellant to prosecute the appeal as a poor person.

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

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Court Act § 1116); and it is further,

ORDERED that the stenographers(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

Philip C. Schnabel, Esq.

33 Schnabel Lane

Chester, New York 10918

(845) 469-2023

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

H. MILLER, J.P., CRANE, MASTRO, and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33732

M/nal

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-00669, 2005-00671 In the Matter of Joan Bavaro-Baldwin, respondent, v Paul Bavaro, appellant. (Docket No. F-04621-03)

SCHEDULING ORDER

Appeals by Paul Bavaro from two orders of the Family Court, Richmond County, both dated December 20, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 25, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until January 6, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33746

M/nal

2005-05805 In the Matter of Peter Boneparth, et al., appellants, v Herbert Warshavsky, et al., respondents. (Index No. 16058-04)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated May 9, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33516

A/nal

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-08753 In the Matter of Chevy Sylina D. (Anonymous). Jewish Child Care Association, respondent; Monica D. (Anonymous), a/k/a Monica K. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Adam Paul D. (Anonymous). Jewish Child Care Association, respondent; Monica D. (Anonymous), a/k/a Monica K. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Joseph Dennis K. (Anonymous), Jr. Jewish Child Care Association, respondent; Monica D. (Anonymous), a/k/a Monica K. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-17540/03, B-17541/03, B-17542/03)

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

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated July 26, 2005, and to grant the appellant leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion and the papers 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 appeal; and it is further,

ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before January 3, 2006, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,

ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before January 23, 2006, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33787

CF/

2005-07402 In the Matter of Joseph F. Fischer, appellant, v Karen A. Fischer, respondent. (Docket No. F-1744-03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family 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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33474

F/

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-10950 In the Matter of Devonna F. J. (Anonymous). Administration for Children's Services, respondent; Herbert J. (Anonymous), appellant. (Docket No. NN-13219-00/05E)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated October 14, 2005, and for leave to the appellant to prosecute the appeal 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 the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Court Act § 1116); and it is further,

ORDERED that the stenographers(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

Dawn Shammas, Esq.

89-31 161st Street - Suite 605

Jamaica, New York 11435

(917) 609-2975

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33738

M/nal

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-01097 In the Matter of Darlene L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Guy L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Jennifer L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Krista L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 4) In the Matter of Nicholas L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 5) In the Matter of Vincent L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 6) (Docket Nos. N-14770-04, N-11771-04, N-11772-04, N-11773-04, N-11774-04, N-11775-04, N-11776-04, N-11777-04, N-11778-04, N-11779-04, N-11780-04, N-11781-04)

SCHEDULING ORDER

Separate appeals by Ursula L. and Frank L. from an order of the Family Court, Suffolk County, dated January 3, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the appellant Ursula L. to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until January 6, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33789

O/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-08370 In the Matter of Marie Lazarre, respondent, v Gary Talbot, appellant. (Docket No. F-24682-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Kings County, dated August 19, 2005, in effect, for leave to reargue a motion for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to stay enforcement of the order pending hearing and determination of the appeal, which was determined by decision and order on motion of this court dated September 21, 2005.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33778

O/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-09668, 2005-09670, 2005-09672, 2005-09673, 2005-09674, 2005-09675 DECISION & ORDER ON MOTION In the Matter of Alanda Helen M. (Anonymous). Episcopal Social Services, respondent; Tamara M. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-1508/04) In the Matter of Taylor Devante M. (Anonymous). Episcopal Social Services, respondent; Tamara M. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-1503/04) In the Matter of Mack M. (Anonymous). Episcopal Social Services, respondent; Tamara M. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-1504/04) In the Matter of Trevor M. (Anonymous). Episcopal Social Services, respondent; Tamara M. (Anonymous), appellant. (Proceeding No. 4) (Docket No. B-1505/04) In the Matter of Cherry Patricia M. (Anonymous). Episcopal Social Services, respondent; Tamara M. (Anonymous), appellant. (Proceeding No. 5) (Docket No. B-1506/04) In the Matter of Shrae Denise M. (Anonymous). Episcopal Social Services, respondent; Tamara M. (Anonymous), appellant. (Proceeding No. 6) (Docket No. B-1507/04)

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute appeals from six orders of the Family Court, Kings County, all dated August 25, 2005, and to grant the appellant leave to prosecute the appeal as a poor person.

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

ORDERED that the branch of the motion which is 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 29, 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 appeal as a poor person are denied with leave to the appellant to renew, on or before January 12, 2006, upon the submission of proper papers establishing that she 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

M33482

F/

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-10951, 2005-10952 In the Matter of Lecknold M. (Anonymous). Administration for Children's Services, respondent; Marie M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Evelyn M. (Anonymous). Administration for Children's Services, respondent; Marie M. (Anonymous), appellant. (Proceeding No.2) (Docket No. N-5971-97, N-5973-97)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in proceedings before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Kings County, both dated September 7, 2005, and for leave to the appellant to prosecute the appeals 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 the counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,

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

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Court Act § 1116); and it is further,

ORDERED that the stenographers(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

Cheryl Charles-Duval, Esq.

44 Court Street - Suite 909

Brooklyn, New York 11201

(718) 694-8306

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33721

M/nal

2005-03057, 2005-03058 In the Matter of Robert Ollivierra, appellant, v Susan Fateh, respondent. (Docket No. V-16147-04)

SCHEDULING ORDER

Appeals by Robert Ollivierra from two orders of the Family Court, Kings County, both dated March 3, 2005. The appellant's brief was filed in the office of the Clerk of this court on August 19, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until December 28, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33484

F/

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-10128 In the Matter of Tirell R. (Anonymous), appellant. (Docket No. E-02252/05)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated September 20, 2005, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the Law Guardian, Melissa E. Bonaldes, Esq., 26 Court Street, Suite 910, Brooklyn, New York 11242, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:

Linda C. Braunsberg, Esq.

370 Powell Street

Staten Island, New York 10312

(718) 317-6614

and it is further,

ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33813

S/nal

2005-05749, 2005-05750 In the Matter of Alice Roberts, etc., appellant, v Nathan Borg, respondent. (File No. 312558)

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 appeals from two orders of the Surrogate's Court, Nassau County, dated May 28, 2004, and December 16, 2004, respectively.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 10, 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

M33494

F/

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-10105 In the Matter of Nilynda Ivory S. (Anonymous). Suffolk County Department of Social Services, respondent; Roxanne S. (Anonymous), appellant. (Docket No. N-17306-05)

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

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated October 18, 2005, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

Stephen R. Hellman, Esq.

1235 Montauk Highway

Mastic, New York 11950

(631) 395-5500

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33448

C/nal

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-09344 In the Matter of Gina M. Santiago, respondent, v Gary E. Friedman, appellant. (Docket No. O-10055-05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, dated September 2, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, on or before January 6, 2006, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, real and personal, as well as any sources of income and itemized expenses.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33536

F/

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-09479 In the Matter of Robert L. Smith, appellant, v Margaret Kearns, respondent. (Docket No. V-22432-04)

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

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated September 2, 2005, as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

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

Salvatore Adamo, Esq.

PMB 185

414 West Sunrise Highway

Patchogue, New York 11772-2254

(212) 964-7983

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33733

Y/sl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-10068 In the Matter of 315 Berry Street Corporation, petitioner, v Hanson Fine Arts, et al., respondents. (Index No. 68516/02)

DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division

Motion by the petitioner for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated April 29, 2005, which modified an order of the Civil Court, Kings County, entered August 8, 2003.

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33737

L/

2005-01924 In the Matter of Village of Sleepy Hollow, etc., et al., respondents-appellants, v Board of Trustees of Village of Tarrytown, et al., appellants-respondents. (Proceeding No. 1) (Index No. 5940/04) In the Matter of Roseland/Sleepy Hollow, LLC, respondent, v Board of Trustees of Village of Tarrytown, et al., appellants. (Proceeding No. 2) (Index No. 17661/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondent-appellant Village of Sleepy Hollow in Proceeding No. 1, to withdraw its cross appeal from a judgment 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 cross appeal by Village of Sleepy Hollow in Proceeding No. 1, is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33786

CF/

2005-04396 In the Matter of Eric W. (Anonymous), appellant. (Docket No. 11522-04)

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 April 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

M33563

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN, JJ.

2005-08162 In the Matter of Nefesa Zakaria, licensed as Nefesa H. Zakaria, legal consultant. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Nefesa Zakaria, respondent.

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second and Eleventh Judicial Districts for an order: 1) suspending the respondent, pursuant to Sections 692.7 and 691.4(l)(1)(ii) and (iii) of the Rules of this court (22 NYCRR 692.7 and 691.4 [l][1][ii] and [iii]), and Section 521.5 of the Rules of the Court of Appeals (22 NYCRR 521.5) upon a finding that she is guilty of professional misconduct immediately threatening the public interest, based upon her substantial admissions under oath and other uncontroverted evidence that she has committed acts of professional misconduct; 2) authorizing it to institute and prosecute a disciplinary proceeding against the respondent based upon the petition annexed to the motion; and 3) directing that a hearing be held before a Special Referee appointed to hear and report with respect to the issues raised by the petition dated August 23, 2005. The respondent was granted a license as a legal consultant pursuant to Judiciary Law §53(6) (22 NYCRR Part 521) at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on November 17, 1982, under the name Nefesa H. Zakaria.

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

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

ORDERED that pursuant to 22 NYCRR 691.4(l)(1)(i),(ii),and (iii), the respondent, Nefesa Zakaria, licensed as Nefesa H. Zakaria, is immediately suspended from acting as a legal consultant in the State of New York, pending further order of the court; and it is further,

ORDERED that the respondent, Nefesa Zakaria, licensed as Nefesa H. Zakaria, shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys as applied to licensed legal consultants (see 22 NYCRR 691.10 and 692.7); and it is further,

ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Nefesa Zakaria, licensed as Nefesa H. Zakaria, is commanded to desist and refrain from (1) acting as a legal consultant in any form, either as principal or agent, clerk, or employee of another, (2) appearing as a legal consultant before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law of its application or any advice in relation thereto, and (4) holding herself out in any way as a legal consultant; and it is further,

ORDERED that the Grievance Committee for the Second and Eleventh Judicial Districts is hereby authorized to institute and prosecute a disciplinary proceeding in this court against the respondent, based on the petition dated August 23, 2005; and it is further,

ORDERED that Diana Maxfield Kearse, Chief Counsel, Grievance Committee for the Second and Eleventh Judicial Districts, Renaissance Plaza, 335 Adams Street, Suite 2400, Brooklyn, N.Y. 11201, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,

ORDERED that within 20 days after service upon her of a copy of this decision and order on motion, the respondent, Nefesa Zakaria, licensed as Nefesa H. Zakaria, shall serve an answer upon the petitioner and the Special Referee, and shall file the original answer in the office of the Clerk of this court; and it is further,

ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable Thomas Sullivan, a retired Associate Justice of the Appellate Division, Second Judicial Department, c/o Tracy & Stillwell, 1688 Victory Boulevard, Staten Island, N.Y. 10314, as Special Referee to hear and report; and it is further,

ORDERED that if the respondent, Nefesa Zakaria, licensed as Nefesa H. Zakaria, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in her affidavit of compliance pursuant to 22 NYCRR 691.10(f).

We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based upon her substantial admissions under oath, and other uncontroverted evidence that she has held herself out as an attorney and improperly performed legal services. Pursuant to section 521.5 of the Rules of the Court of Appeals [22 NYCRR 521.5], a person licensed to practice as a legal consultant is "subject to professional discipline in the same manner and to the same extent as member of the bar of this State."

Under the circumstances, the Grievance Committee's motion is granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33539

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-07608 The People, etc., respondent, v German Alvarez, appellant. (Ind. No. 915/99)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered May 19, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

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

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

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

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

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

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

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

Bruce Bekritsky, Esq.

1551 Kellum Place

Mineola, New York 11501

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 2430

Cape Vincent Corr. Fac.

Route 12E - P.O. Box 739

Cape Vincent, New York 13618

Appellate Division: Second Judicial Department

M33675

F/

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2001-07022 The People, etc., respondent, v Miguel Alvarez, appellant. (Ind. No. 00-00690)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered June 12, 2001.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33674

F/

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-07388 The People, etc., respondent, v Frank Barnett, appellant. (Ind. No. 1860-04)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered June 21, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33570

F/

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2002-00686 The People, etc., respondent, v Charles Blades, appellant. (Ind. No. 98-00552)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered December 3, 2001.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33691

F/

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-09292 The People, etc., respondent, v James Bolden, appellant. (Ind. No. 6840/03)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 7, 2004. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on January 11, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

The Legal Aid Society

199 Water Street, 5th Floor

New York, New York 10038

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

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

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

Ellen E. Edwards, Esq.

188 Montague Street - Suite 1101

Brooklyn, New York 11201

and it is further,

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 A 5606

Upstate Corr. Fac.

P.O. Box 2001

Malone, New York 12953

Appellate Division: Second Judicial Department

M33809

O/nal

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2003-07276 The People, etc., respondent, v Kareem Broxton, appellant. (Ind. No. 1351/97)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 25, 2003.

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 appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until January 5, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33575

F/

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2002-02870, 2002-02875 The People, etc., respondent, v Cory A. Bynoe, appellant. (Ind. No. 00-01390, S.C.I. No. 01-00963)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned appeals from two judgments of the County Court, Westchester County, both rendered March 12, 2002.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33745

CF/

2004-10474 The People, etc., respondent, v Filiberto Colon, appellant. (Ind. No. 10062/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Queens County, rendered September 27, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33718

S/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

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

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 7, 2005, in the above-entitled case is amended by deleting from the last decretal pargraph thereof the date "February 7, 2006," and substituting therefor the date "February 10, 2006"

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33705

S/sl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-03763 The People, etc., respondent, v Everett Downs, appellant. (Ind. No. 2109/03)

DECISION & ORDER ON MOTION

Motion by the appellant to continue a stay of execution of a judgment of the Supreme Court, Queens County, rendered April 7, 2005, which was granted by decision and order on motion of this court dated August 18, 2005, and to enlarge the time to perfect the appeal.

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 stay of execution of the judgment granted by decision and order on motion dated August 18, 2005, is extended pending hearing and determination of the appeal, on the same terms and conditions contained therein, on condition that the appeal is perfected by January 31, 2006; and it is further,

ORDERED that counsel for the defendant shall serve a copy of this order, by mail, on the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before January 31, 2006; and it is further,

 ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the defendant to the sentencing court to begin the execution of sentence.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33578

F/

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2003-06644 The People, etc., respondent, v Oral Eastman, appellant. (Ind. No. 92/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered July 9, 2003, 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 no papers having been filed in opposition or in relation thereto, it is

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03 A 3849

Upstate Corr. Fac.

Box 2001

Malone, New York 12953

Appellate Division: Second Judicial Department

M33677

F/

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2002-02179 The People, etc., respondent, v Kenneth Fowlkes, appellant. (S.C.I. No. 01-00825)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered February 1, 2002.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33582

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00215 The People, etc., respondent, v Earl Gittens, appellant. (Ind. No. 1889/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered September 15, 2004, for the law firm of Chadbourne & Parke, 30 Rockefeller Plaza, New York, New York 10112, to be assigned as pro-bono of counsel with Lynn W. L. Fahey, Esq., Appellate Advocates.

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33574

F/

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2002-02182 The People, etc., respondent, v Juan Guttierez-Herrera, a/k/a Manuel Gutierrez appellant. (Ind. No. 01-00411)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Orange County, rendered March 1, 2002.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M33654

F/

HOWARD MILLER, J.

2005-10210 The People, etc., plaintiff, v Douglas Harris, defendant. (Ind. No. 3859/95)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 17, 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.

HOWARD MILLER

Associate Justice

Appellate Division: Second Judicial Department

M33678

F/

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2002-03907 The People, etc., respondent, v Ronald Hunlock, appellant. (Ind. No. 01-00437)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered March 22, 2002.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33572

F/

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2002-04013 The People, etc., respondent, v Myron Mitchell, appellant. (S.C.I. No. 01-00635)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered April 11, 2002.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33571

F/

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2002-02869 The People, etc., respondent, v Damian Sanchez, appellant. (S.C.I. No. 00-01676)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered March 11, 2002.

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

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33681

F/

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-10506 The People, etc., respondent, v Dennis Seaman, appellant. (Ind. No. 1038/04)

DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered April 21, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

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

ORDERED that the appellants's moving papers are deemed to constitute a timely notice of appeal; and it is further,

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

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

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

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

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

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

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

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

Joseph DeFelice, Esq.

125-10 Queens Blvd. - Suite 302

Kew Gardens, New York 11415

and is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 R 3182

Mid-State Corr. Fac.

Box 2500

Marcy, New York 13403

Appellate Division: Second Judicial Department

M33537

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-05961 The People, etc., respondent, v James Swalo, appellant. (Ind. No. 1084/03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that the decision and order on motion of this court, dated July 19, 2005, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Kings County, rendered April 13, 2004, is recalled and vacated; and it is further,

ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.

The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33698

F/

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-06892 The People, etc., respondent, v Fredi Tineo, appellant. (Ind. No. 13542/92)

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

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered June 28, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

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

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

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

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

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

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

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

Kevin Costello, Esq.

43-31 194th Street

Flushing, New York 11358

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

94 A 3025

Wyoming Corr. Fac.

P.O. Box 501 - Dunbar Road

Attica, New York 14011

Appellate Division: Second Judicial Department

M33812

S/nal

2004-08970 The People, etc., respondent, v Charles Walker, appellant. (Index No. 2844/03)

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, Queens County, rendered October 4, 2004.

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

M33679

F/

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2002-02876 The People, etc., respondent, v Christopher Williams, appellant. (S.C. I. No. 01-00956)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Westchester County, rendered February 19, 2002.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33576

F/

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-10339 The People, etc., respondent, v Roger Woods, appellant. (Ind. No. 5906/04)

DECISION & ORDER ON MOTION

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

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33538

F/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-09072 The People, etc., respondent, v Nelson Zuniga, appellant. (Ind. No. 1569/05)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered August 16, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

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

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

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

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

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

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

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

John F. McGlynn, Esq.

PMB No. 370

265 Sunrise Highway - Suite 1

Rockville Centre, New York 11570

and it is further,

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

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 4540

Downstate Corr. Fac.

Box F - Red Schoolhouse Road

Fishkill, New York 12524-0445