Appellate Division: Second Judicial Department

M34140

S/nl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-10018, 2005-11354, 2005-11355 Anthony D'Elia, respondent, v 58-35 Utopia Parkway Corp., et al., defendants, Paul Alicante, et al., appellants. (Index No. 612/95)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from a judgment of the Supreme Court, Queens County, dated July 29, 2005, and two orders of the same court both dated December 6, 2005, to stay enforcement of the orders pending hearing and determination of the appeals.

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

ORDERED that the motion is denied.

CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34066

CF/

2005-10354 Donald Forni, respondent, v Thomas Puglia, et al., appellants. (Index No. 11241/01)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Richmond County, dated September 19, 2005.

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

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34095

CF/

2005-04104 Hyde Park Development Partners, LLC, appellant, v Bernard Wain, etc., respondent. (Index No. 4515/04)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Dutchess County, dated March 28, 2005.

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

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34092

CF/

2005-10060 Lorenzo Joseph, respondent, v Janet Little-Carter, appellant. (Index No. 17781/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 22, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34099

CF/

2005-05760, 2005-05767 Kwang Hee Lee, appellant-respondent, v ADJMI 936 Realty Associates, et al., respondents-appellants. (Index No. 44511/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the respondents-appellants Clem Saad, Eli Saad, Leon Saad, Ray Department Store Fulton Street, Inc., to withdraw appeals from two orders of the Supreme Court, Kings County, both dated May 20, 2005.

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

ORDERED that the application is granted and the appeals by Clem Saad, Eli Saad, Leon Saad, Ray Department Store Fulton Street, Inc., are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34141

S/nl

ROBERT W. SCHMIDT, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2005-10025, 2005-11356, 2005-11357 Glen Leslie, respondent, v 58-35 Utopia Parkway Corp., et al., defendants, Paul Alicanti, et al., appellants. (Index No. 6756/95)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from a judgment of the Supreme Court, Queens County, dated July 29, 2005, and two orders of the same court both dated December 6, 2005, to stay enforcement of the orders pending hearing and determination of the appeals.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34073

CF/

2005-08788 Benjamin Maisonave, etc., appellant-respondent, v Brian J. Dennehy, respondent-appellant, et al., respondents. (Index No. 24642/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant-respondent and the respondent-appellant to withdraw an appeal and a cross appeal from an order of the Supreme Court, Suffolk County, dated August 11, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34080

CF/

2005-08894, 2005-09327 David M. Marsh, respondent, v Zhi Kang, et al., appellants. (Index No. 50939/02)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw appeals from two orders of the Supreme Court, Kings County, dated July 8, 2005, and August 19, 2005, respectively.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34063

CF/

2005-08634 Tracyann O'Keefe, appellant, v Town of Huntington, et al., respondents. (Index No. 21485/03)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 22, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34068

CF/

2005-07051 Frank Pensabene, et al., respondents, v Vincent Piccone, etc., appellant. (Index No. 32050/01)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M34067

CF/

2005-07400 Arlene Stone, appellant, v Michael Gottsegen, et al., respondents. (Index No. 18424/04)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M34064

CF/

2005-09516 Sylvia Kinard Thompson, appellant, v William Thompson, Jr., respondent. (Index No. 1657/05)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from an order of the Supreme Court, Kings County, dated September 8, 2005.

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

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34085

CF/

2005-10450 Washington Group, LLC, et al., appellants, v Adam Dewalt Adams, respondent. (Index No. 17167/05)

ORDER ON APPLICATION Application to Withdraw Appeal

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34136

CF/

2005-10451 Washington Group, LLC, et al., appellants, v Adam Dewalt Adams, respondent. (Index No. 17167/05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 20, 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

M34065

CF/

2005-06591 Joann Wilmont, respondent, v Thomas Bongiorno, appellant. (Index No. 14294/01)

ORDER ON APPLICATION Application to Withdraw Appeal

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

M34096

CF/

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

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated December 21, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34082

CF/

2005-03271 In the Matter of Zakkariyya D. (Anonymous). Suffolk County Department of Social Services, respondent; Satari D. (Anonymous), appellant. (Docket No. N-1648-01)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated December 22, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34084

CF/

2005-05692, 2005-05695 In the Matter of Joshua Halpern, respondent, v Frances Halpern, appellant. (Docket No. V-28306-02, V-28307-02, O-04065-05)

ORDER ON APPLICATION Application to Withdraw Appeal

Application by the appellant to withdraw appeals from two orders of the Family Court, Kings County, both dated June 9, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34036

M/nal

2005-08377 In the Matter of Frankie Lopez, appellant, v Jannette Hernandez, respondent. (Docket No. F-31316-04)

ORDER TO SHOW CAUSE

Appeal by Frankie Lopez from an order of the Family Court, Kings County, dated June 23, 2005. By scheduling order dated November 7, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated November 7, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before January 16, 2006; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M34069

CF/

2005-06795 In the Matter of State-Wide Insurance Company, appellant, v Victoria Jackson Murell, et al., respondents. (Index No. 15389/04)

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 May 13, 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

M34071

CF/

2004-05499 The People, etc., respondent, v Brian R. Atkins, appellant. (Ind. No. 26/04)

ORDER ON APPLICATION Withdraw Appeal on Stipulation

Appeal from a judgment of the County Court, Dutchess County, rendered June 10, 2004.

Upon the stipulation of the parties, dated December 5, 2005, December 12, 2005, and December 13, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court