Appellate Division: Second Judicial Department

M33824

C/nal

DAVID S. RITTER, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2004-09831 Nancy Arrigo, respondent, v Christopher Arrigo, appellant. (Index No. 3070/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, entered September 27, 2004.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until April 18, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33871

CF/

2005-07139 Robert Bonekoskey, et al., respondents, v Gilad Ellenberg, etc., appellant. (Index No. 20220/00)

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 6, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33880

CF/

2005-04919 John Bottega, et al., plaintiffs-respondents, v Port Authority Trans Hudson Corp., defendant- respondent, Modern Facilities Services, Inc., appellant. (Index No. 2119/03)

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 6, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33886

CF/

2005-09136 Garrianne Brumley, et al., plaintiffs-respondents, v Donald A. Daus, appellant, County of Dutchess, defendant-respondent. (Index Nos. 6254/03, 1004/04)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M33514

T/nal

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-06912 Paulette Butler, appellants, v New York City Housing Authority, respondent, et al., defendant. (Index No. 43452/99)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Kings County, dated July 9, 2004, to strike stated portions of the appellants' reply brief on the ground that it raises arguments that were not raised in the appellants' main brief, and cross motion by the appellants to impose sanctions on the respondent for frivolous conduct.

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

ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33946

D/nal

2005-01865 Henry Cebularz, et al., appellants, v Annette M. Diorio, respondent. (Index No. 50070/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated January 24, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 3, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33842

T/nal

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

FRED T. SANTUCCI

ROBERT A. LIFSON, JJ.

2003-10170 Eliu Chape, et al., respondents, v Isata, LLC, defendant, Cava Construction Co., Inc., appellant (and other titles). (Index No. 26558/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated August 22, 2005, which determined an appeal from an order of the Supreme Court, Queens County, dated September 29, 2003.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., COZIER, SANTUCCI and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33910

T/nal

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-06112 Laura J. Clark, et al., respondents, v Target Stores, Inc., appellant, et al., defendants. (Index No. 22928/02)

DECISION & ORDER ON MOTION

Motion by counsel for the appellant Target Stores, Inc., on an appeal from an order of the Supreme Court, Suffolk County, dated May 5, 2005, to admit, pro hac vice, Jeffrey L. O'Hara, an attorney in good standing in the State of New Jersey, to represent the appellant on the appeal.

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 application is granted and Jeffrey L. O'Hara is admitted pro hac vice, to represent the appellant Target Stores, Inc., on the above-entitled appeal.

PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33903

S/nal

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-06793 Katherine D'Allesandro, etc., appellant, v Marion Charles, respondent. (Index No. 16678/04)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 28, 2005.

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

ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as the order dated April 28, 2005, is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701); and it is further,

ORDERED that the application is denied as academic.

PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33919

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05410 Henry Diaz, plaintiff-respondent, v Dennis McGrath, et al., defendants-respondents, Hertz Corporation, et al., appellants. (Index No. 29378/03)

DECISION & ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court,Kings County, dated January 27, 2005.

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

ORDERED that the application is granted and the appeal is 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

M33873

CF/

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

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 12, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33894

T/nal

HOWARD MILLER, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2004-02247, 2004-02249 82-04 Lefferts Tenants, Corp., respondent, v Federal Insurance Company, appellant. (Index No. 9315/03)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for leave to reargue appeals from two orders of the Supreme Court, Queens County, dated January 9, 2004, and February 4, 2004, respectively, which were determined by decision and order of this court dated May 31, 2005.

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

ORDERED that the motion is denied.

We note that the counterclaim for declaratory relief did not seek any declaration with regard to the proceeding entitled Alizio v Alizio, pending in the Supreme Court, Queens County, under Index No. 12491/97.

H. MILLER, J.P., RITTER, MASTRO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33921

S/nal

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2005-01059, 2005-01060, 2005-01061, 2005-01062 Gladys Frankson, etc., et al., respondents, v Philip Morris, Inc., et al., appellants. (Index No. 24915/00)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the time to serve and file a brief on appeals from four orders of the Supreme Court, Kings County, one dated December 1, 2003, and three dated June 22, 2004, respectively.

Upon the papers filed in support of the motion and upon the consent of the appellants, it is

ORDERED that the motion is granted and the respondents' time to serve and file a brief is enlarged until December 23, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,

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

ORDERED that the reply brief, if any, shall be served and filed on or before January 27, 2006.

SCHMIDT, J.P., KRAUSMAN, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33906

T/nal

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-10090, 2005-10901 Mary Grassi, appellant, v Joseph T . Grassi, respondent. (Index No. 15020/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated October 27, 2005 (Appellate Division Docket No. 2005-10901), pending hearing and determination of the appeal, for leave to appeal to this court from a decision of the same court dated September 29, 2005 (Appellate Division Docket No. 2005-10090), and for a preference in the calendaring of the appeal.

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

ORDERED that the branch of the motion which is to stay enforcement of the order is granted to the extent that so much of the order as terminated the respondent's obligation to maintain medical insurance coverage for the appellant is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 17, 2006, and that branch of the motion is otherwise denied; 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 branches of the motion which are for leave to appeal from the decision and for a preference in the calendaring of the appeal are denied.

PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33922

S/nal

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

WILLIAM A. MASTRO, JJ.

2004-05796 Huntingdon Life Sciences, Inc., et al., respondents, v Stop Huntingdon Animal Cruelty, et al., defendants, Lauren Gazzola, appellant. (Index No. 19809/02)

DECISION & ORDER ON MOTION

Motion by counsel for the appellant to admit pro hac vice Reed Clayton Lee, an attorney in good standing in the State of Illinois, to represent the appellant on an appeal from an order of the Supreme Court, Westchester County, entered May 14, 2004.

Upon the papers filed in support of the motion and the application at the call of the calendar, it is

ORDERED that the motion is granted.

SCHMIDT, J.P., KRAUSMAN, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33858

CF/

2005-06514 Mohamed Hussain, appellant, v Panties Plus, Inc., respondent. (Index No. 3372/05)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M33914

E/nal

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

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

DECISION & ORDER ON MOTION

Motion by the appellants-respondents on an appeal from an order of the Supreme Court, Rockland County, dated February 4, 2005, to enlarge the joint record on 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33918

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05022 Bekim Kastrati, appellant, v 1090 Park Avenue Corporation, et al., respondents. (Index No. 1485/05)

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, Westchester County, dated May 5, 2005.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33876

CF/

2005-08747 Graham J. Keenan, et al., appellants, v Stoneleigh Parkway, Inc., et al., respondents. (Index No. 18998/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 30, 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

M33902

T/nal

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-04554 Georgia Kramer, appellant, v Hall Dickler, LLP, f/k/a Hall Dickler Kent Goldstein & Wood, LLP, respondent. (Index No. 09175/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered April 1, 2005, and cross motion by the respondent to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until February 14, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33862

CF/

2005-03853 Simon Kudrov, respondent, v Lyudmila Kudrov, appellant. (Index No. 2240/97)

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 February 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

M33863

CF/

2005-08809 Simon Kudrov, appellant, v Lyudmila Kudrov, respondent. (Index No. 2240/97)

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 July 5, 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

M33909

T/nal

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-09441 Vinos Kumar, et al., respondents, v Law Offices of Neil Kalra, P.C., et al., appellants. (Index No. 28571/04)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated July 29, 2005, on the ground that no appeal lies from an order entered upon the appellants' default.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33867

CF/

2005-08497 Richard Lanza, et al., plaintiffs-respondents, v Sy Merns, et al., defendants-respondents, Upright, Inc., et al., appellants. (and a third-party action). (Index No. 4213/99)

ORDER ON APPLICATION Application to Withdraw Appeal

Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Dutchess County, dated August 2, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33904

E/nal

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-01668 Li H. Li, respondent, v Woo Sung Yun, appellant-respondent, Kuen Tak Wong, et al., respondents-appellants. (Index No. 43933/00)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 19, 2005.

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

ORDERED that the motion is granted and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal.

PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33857

S/nal

2005-05429 Maxine Lovell, respondent, v United Skates of America, d/b/a USA Empire Roller Skating Center, appellant. (Index No. 46198/03)

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 Supreme Court, Kings County, dated May 5, 2005.

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

M33866

CF/

2005-09126 Olivia Lupola, respondent, v Anna Miloscia, et al., appellants. (Index No. 17132/03)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M33865

CF/

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

ORDER ON APPLICATION Application to Withdraw Appeal

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

M33915

L/

2005-08571 Joseph Marino, respondent, v John Gallo, et al., appellants. (Index No. 2005-08571)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 1, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33878

CF/

2005-08603 Metered Appliances, Inc., respondent-appellant, v Aris Crescent, LLC, appellant-respondent. (Index No. 8493/03)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal and cross appeal from an order of the Supreme Court, Queens County, dated May 31, 2005.

Upon the stipulation of the parties, dated December 13, 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

M33859

CF/

2005-10958 Robin Morgan-North, appellant, v Horton Medical Center, et al., appellants. (Index No. 2830/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant Lawrence J. Gordon to withdraw an appeal from an order of the Supreme Court, Orange County, dated November 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 by Lawrence J. Gordon is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33841

T/nal

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

DANIEL F. LUCIANO, JJ.

2004-11075 Nat Holding Corp., appellant, v Michael Banks, respondent. (Index No. 12313/01)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, dated October 25, 2004, which was determined by decision and order of this court dated October 3, 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.

CRANE, J.P., RITTER, GOLDSTEIN and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33936

C/nal

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-09986 Neurohealth Plus Medical, P.C., et al., appellants, v Alex Kostyukovsky, et al., defendants, Marshall Katzman, et al., respondents. (Index No. 010962/03)

DECISION & ORDER ON MOTION

Motion by counsel for the respondents Marshall Katzman, United Financial Group, Ltd., David K. Fensler, and United Employees Benefit Fund, on an appeal from an order of the Supreme Court, Nassau County, dated September 6, 2005, to admit, pro hac vice, Jeralyn H. Baran, an attorney in good standing in the State of Illinois, to represent those respondents on the appeal.

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 Jeralyn H. Baran is admitted, pro hac vice, to represent the above-named respondents on the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33869

CF/

2005-09007 New York University Hospital Rusk Institute, etc., et al., appellants, v New York Central Mutual Fire Insurance Company, respondent. (Index No. 3634/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 25, 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

M33827

A/nal

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-11144 Hilda Osborne, respondent, v Martha Evans, appellant. (Index No. 6154/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Queens County, dated October 12, 2004, for leave to reargue a motion to dismiss the appeal on the ground that it was not timely taken, which was determined by decision and order on motion of this court dated October 28, 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., MASTRO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33882

CF/

2005-09065 Palisades Safety and Insurance Association, etc., appellant, v Richard Martinez, et al., respondents. (Index No. 28371/01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a decision of the Supreme Court, Kings County, dated August 29, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33870

C/nal

BARRY A. COZIER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-03998 Juvondi R. Pender, appellant, v Liberty Auto Collision, Inc., et al., respondents. (Index No. 11396/01)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated February 28, 2005, and for poor person relief.

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 is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the motion is denied as academic.

COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33872

CF/

2005-06543 Barbara N. Piazza, respondent, v Andrea Tyree, appellant. (Index No. 32324/02)

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

M33874

CF/

2005-09200 Walter Raeder, et al., appellants, v Klepner Hanan, et al., respondents. (Index No. 7281/03)

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 August 16, 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

M33868

CF/

2005-07047 Edith Rubin, respondent, v Arcade Contracting & Restoration, Inc., defendant, Michelle Towers, Inc., appellant. (Index No. 3150/02)

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 May 25, 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

M33913

L/

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-10285 Steven K. Sayegh, respondent, v Donna L. Santucci, et al., defendants, Jamie Chylewski, appellant. (Index No. 976/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Putnam County, dated October 28, 2004.

Upon the stipulation of the attorneys for the respective parties, dated December 2, 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

M33852

Y/nal

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-02312 Raphael R. Scotto, respondent, v Chris Georgoulis, et al., appellants. (Index No. 19693/04)

DECISION & ORDER ON MOTION

Motion by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 27, 2004.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33951

L/

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2005-06264 State Farm Mutual Automobile Insurance Company, appellant, v Everts Silva, et al., respondents. (Index No. 6291/03)

DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 12, 2005

Upon the stipulation of the attorneys for the respective parties, dated December 12, 2005, it is

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33895

S/nal

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-11635 Ralph L. Vincent, appellant, v Lurleen Vincent, respondent. (Index No. 5353-03)

Appeal by the plaintiff from a decision of the Supreme Court, Kings County, dated November 4, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Shcicchi v Green Constr. Corp., 100 AD2d 509).

PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33905

S/nal

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-11621 William T. Young, respondent, v Pfizer, Inc., etc., et al., appellants. (Index No. 1062/04)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Appeal by the defendants from a transcript of the Supreme Court, Orange County, dated October 19, 2005.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717).

PRUDENTI, P.J., ADAMS, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33860

CF/

2005-07043 In the Matter of Sanjay Deowsarran, et al., appellants, v Meenawattie Mohamed, et al., respondents. (Index No. 2735/05)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33861

CF/

2005-10555 In the Matter of Sanjay Deowsarran, et al., appellants, v Meenawattie Mohamed, et al., respondents. (Index No. 2735/05)

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 September 30, 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

M33893

CF/

2005-04462 In the Matter of Estate of Frederick A. Nickolas. Joanna Guarino, respondent; Elenora Burton, et al., appellants. (File No. 1168/04)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Surrogate's Court, Suffolk 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

M33925

S/nal

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

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

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 2, 2005, in the above-entitled matter is amended by deleting from the recital paragraph thereof the words "in opposition", and substituting therefor the words "in relation".

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33608

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04459 In the Matter of Marsha H. Friedman, admitted as Marsha Diane Harris, an attorney and counselor-at-law. (Attorney Registration No. 2421980)

DECISION & ORDER VOLUNTARY RESIGNATION

Marsha H. Friedman has voluntarily submitted an affidavit dated May 10, 2005, wherein she resigns from the New York State Bar. Ms. Friedman was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 26, 1991, under the name Marsha Diane Harris. There are no complaints or charges of professional misconduct pending against her. Ms. Friedman presently resides in New Jersey, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Marsha H. Friedman, admitted as Marsha Diane Harris, is accepted and directed to be filed; and it is further,

ORDERED that the name of Marsha H. Friedman, admitted as Marsha Diane Harris, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Marsha H. Friedman, admitted as Marsha Diane Harris, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Marsha H. Friedman, admitted as Marsha Diane Harris, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33920

E/nal

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-07506 In the Matter of Ronald Herron, petitioner, v Paul W. Arnetts, etc., respondent. (Index No. 1537/05)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated August 3, 2005, as a poor person, to waive the filing fee, and for the assignment of counsel.

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

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

ORDERED that the branch of the motion which is to waive the filing fee is denied as unnecessary (see 22 NYCRR 670.22[a][1]); and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33889

F/

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-07639, 2005-07640, 2005-07641 In the Matter of Inder Kainth, appellant, v Pritpal Kainth, respondent. (Docket No. F-1506-00/05F)

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

Renewed motion by the appellant pro se for leave to prosecute appeals from three orders of the Family Court, Suffolk County, all dated June 17, 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 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 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 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:

Anna Martin, Esq.

250 Montauk Highway

East Moriches, New York 11940

(631) 878-3352

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.

PRUDENTI, P.J., ADAMS, SPOLZINO, and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33627

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05311 In the Matter of Joanne Lawrence Kapsack, admitted as Joanne Lawrence, an attorney and counselor-at-law. (Attorney Registration No. 2094951)

DECISION & ORDER VOLUNTARY RESIGNATION

Joanne Lawrence Kapsack has voluntarily submitted an affidavit dated May 31, 2005, wherein she resigns from the New York State Bar. Ms. Kapsack was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 18, 1987, under the name Joanne Lawrence. There are no complaints or charges of professional misconduct pending against her. Ms. Kapsack presently resides in California, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Joanne Lawrence Kapsack, admitted as Joanne Lawrence, is accepted and directed to be filed; and it is further,

ORDERED that the name of Joanne Lawrence Kapsack, admitted as Joanne Lawrence, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Joanne Lawrence Kapsack, admitted as Joanne Lawrence, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Joanne Lawrence Kapsack, admitted as Joanne Lawrence, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33701

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05498 In the Matter of Michael D. Kossoff, an attorney and counselor-at-law. (Attorney Registration No. 2283596)

DECISION & ORDER VOLUNTARY RESIGNATION

Michael D. Kossoff has voluntarily submitted an affidavit dated June 6, 2005, wherein he resigns from the New York State Bar. Mr. Kossoff was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 10, 1985. There are no complaints or charges of professional misconduct pending against him. Mr. Kossoff presently resides in Ohio, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Michael D. Kossoff is accepted and directed to be filed; and it is further,

ORDERED that the name of Michael D. Kossoff is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Michael D. Kossoff is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Michael D. Kossoff has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33735

M/nal

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-00928 In the Matter of Brice L. (Anonymous). Suffolk County Department of Social Services, respondent; Brice L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Alisha L. (Anonymous). Suffolk County Department of Social Services, respondent; Brice L. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Jesse L. (Anonymous). Suffolk County Department of Social Services, respondent; Brice L. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Desiree L. (Anonymous). Suffolk County Department of Social Services, respondent; Brice L. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Katiemarie L. (Anonymous). Suffolk County Department of Social Services, respondent; Brice L. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Mariah L. (Anonymous). Suffolk County Department of Social Services, respondent; Brice L. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-561-04, N-562-04, N-563-04, N-564-04, N-565-04, N-566-04, N-578-04, N-579-04, N-580-04, N-581-04, N-582-04, N-583-04)

SCHEDULING ORDER

Appeal by Brice L. from an order of the Family Court, Suffolk County, dated November 15, 2004. The appellant's brief was served and filed on November 18, 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 respondent and the law guardian(s) to serve and file their briefs 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

M33703

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04795 In the Matter of Alfred Edward Lawson, an attorney and counselor-at-law. (Attorney Registration No. 1651140)

DECISION & ORDER VOLUNTARY RESIGNATION

Alfred Edward Lawson has voluntarily submitted an affidavit dated May 17, 2005, wherein he resigns from the New York State Bar. Mr. Lawson was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 18, 1958. There are no complaints or charges of professional misconduct pending against him. Mr. Lawson presently resides in Pennsylvania, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Alfred Edward Lawson is accepted and directed to be filed; and it is further,

ORDERED that the name of Alfred Edward Lawson is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Alfred Edward Lawson is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Alfred Edward Lawson has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33706

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05312 In the Matter of Steven C. Markbreiter, an attorney and counselor-at-law. (Attorney Registration No. 2078921)

DECISION & ORDER VOLUNTARY RESIGNATION

Steven C. Markbreiter has voluntarily submitted an affidavit dated August 12, 2005, wherein he resigns from the New York State Bar. Mr. Markbreiter was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 30, 1986. There are no complaints or charges of professional misconduct pending against him. Although, Mr. Markbreiter presently resides in New York, he does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Steven C. Markbreiter is accepted and directed to be filed; and it is further,

ORDERED that the name of Steven C. Markbreiter is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Steven C. Markbreiter is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Steven C. Markbreiter has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33884

Y/nal

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2004-09606 In the Matter of William T. Martin, appellant, v State of New York, Grievance Committee for the Second and Eleventh Judicial Districts, et al., respondents. (Index No. 12278/04)

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 August 2, 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 relation and opposition thereto, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33704

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05732 In the Matter of Gretchen Mary McMullen, admitted as Gretchen Mary Lucken, an attorney and counselor-at-law. (Attorney Registration No. 2354884)

DECISION & ORDER VOLUNTARY RESIGNATION

Gretchen Mary McMullen has voluntarily submitted an affidavit dated June 14, 2005, wherein she resigns from the New York State Bar. Ms. McMullen was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 1, 1989, under the name Gretchen Mary Lucken. There are no complaints or charges of professional misconduct pending against her. Ms. McMullen presently resides in the District of Columbia, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Gretchen Mary McMullen, admitted as Gretchen Mary Lucken, is accepted and directed to be filed; and it is further,

ORDERED that the name of Gretchen Mary McMullen, admitted as Gretchen Mary Lucken, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Gretchen Mary McMullen, admitted as Gretchen Mary Lucken, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Gretchen Mary McMullen, admitted as Gretchen Mary Lucken, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33875

CF/

2005-05546 In the Matter of Metropolitan Property & Casualty Insurance Company, appellant, v Janice M. Marshall, et al., respondents. (Index No. 7797/04)

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 April 14, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33707

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05816 In the Matter of Maryann Marisa Milcetic, an attorney and counselor-at-law. (Attorney Registration No. 2371979)

DECISION & ORDER VOLUNTARY RESIGNATION

Maryann Marisa Milcetic has voluntarily submitted an affidavit dated June 14, 2005, wherein she resigns from the New York State Bar. Ms. Milcetic was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 5, 1990. There are no complaints or charges of professional misconduct pending against her. Ms. Milcetic presently resides in California, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Maryann Marisa Milcetic is accepted and directed to be filed; and it is further,

ORDERED that the name of Maryann Marisa Milcetic is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Maryann Marisa Milcetic is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Maryann Marisa Milcetic has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33711

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05915 In the Matter of Myron Nagelberg, an attorney and counselor-at-law. (Attorney Registration No. 1470285)

DECISION & ORDER VOLUNTARY RESIGNATION

Myron Nagelberg has voluntarily submitted an affidavit dated June 14, 2005, wherein he resigns from the New York State Bar. Mr. Nagelberg was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 21, 1942. There are no complaints or charges of professional misconduct pending against him. Mr. Nagelberg presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Myron Nagelberg is accepted and directed to be filed; and it is further,

ORDERED that the name of Myron Nagelberg is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Myron Nagelberg is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Myron Nagelberg has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33712

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04921 In the Matter of Michael Angelo Ortiz, an attorney and counselor-at-law. (Attorney Registration No. 2692564)

DECISION & ORDER VOLUNTARY RESIGNATION

Michael Angelo Ortiz has voluntarily submitted an affidavit dated May 18, 2005, wherein he resigns from the New York State Bar. Mr. Ortiz was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on November 29, 1995. There are no complaints or charges of professional misconduct pending against him. Mr. Ortiz presently resides in New Hampshire, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Michael Angelo Ortiz is accepted and directed to be filed; and it is further,

ORDERED that the name of Michael Angelo Ortiz is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Michael Angelo Ortiz is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Michael Angelo Ortiz has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33716

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05733 In the Matter of Shachi Shah, an attorney and counselor-at-law. (Attorney Registration No. 2843712)

DECISION & ORDER VOLUNTARY RESIGNATION

Shachi Shah has voluntarily submitted an affidavit dated June 10, 2005, wherein he resigns from the New York State Bar. Mr. Shah was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 17, 1997. There are no complaints or charges of professional misconduct pending against him. Mr. Shah presently resides in United Kingdom, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Shachi Shah is accepted and directed to be filed; and it is further,

ORDERED that the name of Shachi Shah is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Shachi Shah is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Shachi Shah has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33720

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05497 In the Matter of Marta Berl Shapiro, an attorney and counselor-at-law. (Attorney Registration No. 2419869)

DECISION & ORDER VOLUNTARY RESIGNATION

Marta Berl Shapiro has voluntarily submitted an affidavit dated June 3, 2005, wherein she resigns from the New York State Bar. Ms. Shapiro was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 26, 1991. There are no complaints or charges of professional misconduct pending against her. Although, Ms. Shapiro presently resides in New York, she does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Marta Berl Shapiro is accepted and directed to be filed; and it is further,

ORDERED that the name of Marta Berl Shapiro is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Marta Berl Shapiro is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Marta Berl Shapiro has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33911

E/nal

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-04906 In the Matter of Fitz-Verity Silvera, et al., petitioners, v Town of Amenia Zoning Board of Appeals, et al., respondents. (Index No. 18566/04)

DECISION & ORDER ON MOTION

Motion by the petitioners in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated May 6, 2005, inter alia, to enlarge the record to include the certificate of occupancy for the subject premises dated October 25, 2005.

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

ORDERED that the branch of the motion which is to enlarge the record to include the certificate of occupancy for the subject premises dated October 25, 2005, is granted and on or before December 30, 2005, the petitioners shall serve and file a supplemental record containing the certificate of occupancy for the subject premises dated October 25, 2005; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33723

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05091 In the Matter of Dana Lynn Simoni, an attorney and counselor-at-law. (Attorney Registration No. 2547487)

DECISION & ORDER VOLUNTARY RESIGNATION

Dana Lynn Simoni has voluntarily submitted an affidavit dated May 25, 2005, wherein she resigns from the New York State Bar. Ms. Simoni was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 5, 1993. There are no complaints or charges of professional misconduct pending against her. Ms. Simoni presently resides in Connecticut, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Dana Lynn Simoni is accepted and directed to be filed; and it is further,

ORDERED that the name of Dana Lynn Simoni is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Dana Lynn Simoni is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Dana Lynn Simoni has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33885

CF/

2005-09785 In the Matter of Tax Foreclosure Action No. 48. Sampson Equities, LLC., appellant; City of New York, respondent. (Index No. 8700/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 14, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33724

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04401 In the Matter of Barbara J. Thompson, admitted as Barbara Ann Jurgens, an attorney and counselor-at-law. (Attorney Registration No. 1787829)

DECISION & ORDER VOLUNTARY RESIGNATION

Barbara J. Thompson has voluntarily submitted an affidavit dated May 4, 2005, wherein she resigns from the New York State Bar. Ms. Thompson was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 31, 1982, under the name Barbara Ann Jurgens. There are no complaints or charges of professional misconduct pending against her. Ms. Thompson presently resides in Colorado, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Barbara J. Thompson, admitted as Barbara Ann Jurgens, is accepted and directed to be filed; and it is further,

ORDERED that the name of Barbara J. Thompson, admitted as Barbara Ann Jurgens, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Barbara J. Thompson, admitted as Barbara Ann Jurgens, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Barbara J. Thompson, admitted as Barbara Ann Jurgens, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33725

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04274 In the Matter of Richard Scott Trause, an attorney and counselor-at-law. (Attorney Registration No. 1994805)

DECISION & ORDER VOLUNTARY RESIGNATION

Richard Scott Trause has voluntarily submitted an affidavit dated April 30, 2005, wherein he resigns from the New York State Bar. Mr. Trause was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 22, 1985. There are no complaints or charges of professional misconduct pending against him. Mr. Trause presently resides in Pennsylvania, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Richard Scott Trause is accepted and directed to be filed; and it is further,

ORDERED that the name of Richard Scott Trause is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Richard Scott Trause is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Richard Scott Trause has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33916

E/nal

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-11295, 2005-04179 In the Matter of Village of Scarsdale, et al., appellants, et al., petitioner, v New York City Water Board, respondent. (Index No. 13254/98)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Westchester County, dated October 22, 2004, and entered March 23, 2005, respectively.

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 respondent's time to serve and file a brief is enlarged until January 18, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33887

T/nal

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2005-08671 In the Matter of Kaitlin W. (Anonymous). Suffolk County Department of Social Services, respondent; Jose Dario M. (Anonymous), appellant (Proceeding No. 1) In the Matter of Andrew S. (Anonymous). Suffolk County Department of Social Services, respondent; Jose Dario M. (Anonymous), appellant (Proceeding No. 2) (Docket Nos. N-2342-05; 2343-05)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Suffolk County, dated August 8, 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 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 appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before January 15, 2006, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33726

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-04171 In the Matter of Stuart Marc Weiser, an attorney and counselor-at-law. (Attorney Registration No. 2541803)

DECISION & ORDER VOLUNTARY RESIGNATION

Stuart Marc Weiser has voluntarily submitted an affidavit dated April 29, 2005, wherein he resigns from the New York State Bar. Mr. Weiser was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 30, 1993. There are no complaints or charges of professional misconduct pending against him. Mr. Weiser presently resides in the District of Columbia, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Stuart Marc Weiser is accepted and directed to be filed; and it is further,

ORDERED that the name of Stuart Marc Weiser is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Stuart Marc Weiser is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Stuart Marc Weiser has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33700

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05073 In the Matter of Ronald Mark Wisla, an attorney and counselor-at-law. (Attorney Registration No. 1888957)

DECISION & ORDER VOLUNTARY RESIGNATION

Ronald Mark Wisla has voluntarily submitted an affidavit dated May 23, 2005, wherein he resigns from the New York State Bar. Mr. Wisla was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 26, 1983. There are no complaints or charges of professional misconduct pending against him. Mr. Wisla presently resides in the District of Columbia, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

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

ORDERED that the voluntary resignation of Ronald Mark Wisla is accepted and directed to be filed; and it is further,

ORDERED that the name of Ronald Mark Wisla is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Ronald Mark Wisla is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Ronald Mark Wisla has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33908

S/nal

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2004-02147 The People, etc., respondent, v Hector Aguillar, appellant. (Ind. No. 4540/03)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant on an appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered March 5, 2004, to dismiss the appeal on the ground that the appellant has been deported. By order to show cause dated November 14, 2005, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant is no longer available to obey the mandate of this court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578), and the motion by the appellant's assigned counsel was held in abeyance in the interim.

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

ORDERED that the appeal is dismissed (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578); and it is further,

ORDERED that the motion by assigned counsel is denied as academic.

PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33877

C/nal

BARRY A. COZIER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2003-09875 The People, etc., respondent, v Garabet Badrajan, appellant. (Ind. No. 2687/02)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Nassau County, rendered October 16, 2003, on the ground that the appeal has been abandoned. Cross motion by the appellant for poor person relief and the assignment of counsel.

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

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

ORDERED that the cross motion is denied, with leave to renew on or before January 30, 2006, upon proper papers, including the appellant's affidavit setting forth the equity value the appellant has in his home.

COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33912

E/nal

BARRY A. COZIER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2003-10371 The People, etc., respondent, v Christopher Bennett, appellant. (Ind. No. 193/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Nassau County, rendered October 23, 2003, for leave to withdraw the brief previously filed with the Clerk of this court and to serve and file a replacement brief.

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

ORDERED that the motion is granted, the brief previously filed by the appellant with the Clerk of this court is deemed withdrawn the respondent shall serve and file its brief in response to the appellant's replacement brief on or before March 20, 2006.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33900

S/nal

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2004-01465 The People, etc., respondent, v Kevin Campbell, appellant. (Ind. No. 2766/03)

DECISION & ORDER ON MOTION

Motion by assigned counsel, to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Nassau County, rendered February 4, 2004, on the ground that the appellant has abandoned the appeal. By order to show cause dated November 7, 2005, the appellant was directed to show cause before this court, why an order should or should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]), and the motion by assigned counsel to be relieved was held in abeyance in the interim.

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

ORDERED that the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]); and it is further,

ORDERED that the motion by assigned counsel to be relieved is denied as academic.

PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33825

F/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2004-05424 The People, etc., plaintiff, v Ray Eastwood, defendant. (Ind. No. 03-00901)

DECISION & ORDER ON MOTION

On the court's own motion, it is

Ordered that the decision and order on motion in the above-entitled action dated April 12, 2005, is amended by deleting from the ninth decretal paragraph thereof the words "Salvatore Adams" and substituting therefor the words "Salvatore Adamo."

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33896

S/nal

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2004-08902 The People, etc., respondent, v Duane Kirby, appellant. (Ind. No. 04-00156)

DECISION & ORDER ON MOTION

Motion by assigned counsel, to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Orange County, rendered September 24, 2004, on the ground that the appellant has abandoned the appeal. By order to show cause dated November 7, 2005, the appellant was directed to show cause before this court, why an order should or should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]), and the motion by assigned counsel to be relieved was held in abeyance in the interim.

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

ORDERED that the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]); and it is further,

ORDERED that the motion by assigned counsel to be relieved is denied as academic.

PRUDENTI, P.J., ADAMS, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33811

A/nal

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2003-09862 The People, etc., respondent, DECISION & ORDER v Warren Lee Melvin, appellant. Motion Pro se to Relieve of Assignment (Ind. No. 03-00275)

ON MOTION Counsel

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered October 24, 2003, and for assignment of new counsel.

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

ORDERED that the motion is denied as academic, in light of the withdrawal of the appeal on November 16, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33890

T/nal

GLORIA GOLDSTEIN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2003-07225 The People, etc., respondent, v Marcus A. Micolo, appellant. (Ind. No. 2511/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered July 17, 2003, to be provided with, among other things, the photographs, or true copies thereof, which were admitted as exhibits at the trial in the above-entitled matter.

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

ORDERED that the branch of the motion which is to be provided with the photographs which were admitted as exhibits at the trial in the above-entitled matter is granted, and the Clerk of this court, or his designee, shall furnish the appellant with the above-referenced photographs, or true copies thereof; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33864

C/nal

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2005-08867 The People, etc., respondent, v Herbert Picart, appellant. (Ind. No. 1906/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, for leave to file a late notice of appeal from a judgment of the County Court, Suffolk County, rendered May 20, 2004, and 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 (see 460.30[1]).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M33856

T/nal

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2003-11248 The People, etc., respondent, v Kevin Thompson, appellant. (Ind. No. 946/01)

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 December 10, 2003, to be furnished with a copy of the typewritten transcript of the proceedings, if any, and to be furnished with, inter alia, additional arrest record reports, a copy of the Grand Jury instructions, a typewritten transcript of the Grand Jury proceedings, a copy of the verdict sheets, a typewritten transcript of the voir dire and Grand Jury selection proceedings, copies of all pretrial motions, and other papers.

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

ORDERED that the branch of the motion which is for leave to serve and file a pro se supplemental brief is granted; and it is further,

ORDERED that the branch of the motion which is to be furnished with a copy of the typewritten transcript of the proceedings, if any, is granted, and 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 motion is otherwise denied; 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court