12-28-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR DECEMBER 28, 2005

TITLE	Case Number
Akerele v Levenberg	2005-02164
Bengard v Bengard	2005-00443
Buttaro v Sondergeld	2005-06461
DesBonnet v DesBonnet	2005-05220
Deschler v Yankura	2005-00747
Forest Hills Gardens Corporation v 150 Greenway Terra	2005-06428
Hargrove v Hargrove	2005-04337
Individuals Securities, Ltd. v American International	2005-03739
Jolkovsky v Legeman	2005-06489
Long Island Drinking Water Coalition, Inc. v Board	2005-11878
Metropolitan Property & Casualty Insurance Company	2005-06635
150 Greenway Terrace, LLC v Gole	2005-07890
Schoonmaker v New York Medical College	2005-06095
Torelli v Connors	2005-04836
Ubaydov v Kenny's Fleet Maintenance, Inc.	2005-07052
Washington Title Insurance Company v Snelling	2005-04692 +2
Washington v Marmol	2005-06475
Wilson v Galicia Contracting & Restoration Corp.	2005-06171
Zafran v Zafran	2005-02523
Mtr of B. (Anonymous), Baby Boy; Rochelle (Anonymo	2005-06838
Mtr of B. (Anonymous), Jeannine, o/b/o D.-B. (Anonym	2005-07227
Mtr of D.-B. (Anonymous), Jayda; Administration for	2005-07226
Mtr of Forbes v Nixon	2005-11723
Mtr of Hall v Orange County Department of Social Soci	2005-00428
Mtr of J. (Anonymous), Shaheen P.	2005-04228 +1
Mtr of Rotundi v Rotundi	2005-06613
Mtr of S. (Anonymous), Shaquana	2005-11673
Mtr of Venigalla v Alagappan	2004-05595 +1
Peo v Brown, Kevin	2004-10722
Peo v Brown, Michael	2005-01319
Peo v Cameron, Andre	2005-10939
Peo v Clas, Jose	2005-06354
Peo v Cummings, Charles	2005-10755
Peo v Figueroa, Robert	2005-08843
Peo v Francis, Desmond	2005-10698
Peo v Hardy, Charles	2005-10490
Peo v Kline, Jeffrey	2005-07962
Peo v Monk, Terrance	2005-08643
Peo v Montalvo, Richard	2002-05719 +2
Peo v Nash, Edward J.	2005-09050
Peo v Tantawi, Omar	2005-10940
Peo v Unlu, Yunus	2005-10727

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34228

BARRY A. COZIER, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-02164
Abiola Akerele, respondent, v C.L.
Levenberg, et al., appellants.
(Index No. 15057/04)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an undated order of the Supreme Court, Kings County.

Upon the stipulation of the attorneys for the respective parties, dated December 13, 2005, it is

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

COZIER, J.P., LUCIANO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34235

S/sl

2005-00443

Kenneth Bengard, appellant,
v Theresa Bengard, respondent.
(Index No. 6035/99)

ORDER ON APPLICATION

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

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 10, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34204

2005-06461

Salvatore Buttaro, respondent,
v Mark Sondergeld, et al., appellants.
(Index No. 17863/04)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 12, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 22, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34240

S/sl

2005-05220

Eric DesBonnet, appellant,
v Mary Rose DesBonnet, respondent.
(Index No. 02-26662)

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, Suffolk County, dated April 11, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34229

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-00747

Jordan Deschler, et al., respondents,
v Joseph Yankura, defendant, Long Beach
Senior High School, et al., appellants.

(Index No. 8913/04)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 13, 2004.

Upon the stipulation of the attorneys for the respective parties, dated September 27, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34225

S/sl

2005-06428

Forest Hills Gardens Corporation, respondent,
v 150 Greenway Terrace, LLC, appellant.
(Index No. 18026/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated May 25, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 5, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34233

S/sl

2005-04337

Rhonda M. Hargrove, respondent,
v Paul Hargrove, appellant.
(Index No. 200412/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated April 5, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 26, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34239

S/sl

2005-03739

Individuals Securities, Ltd., appellant,
v American International Group, Inc.,
et al., respondents.
(Index No. 9827/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated March 17, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34224

S/sl

2005-06489

Naomi Jolkovsky, respondent,
v John E. Legeman, et al., defendants,
Chase Manhattan Automotive Finance
Corporation, appellant.
(Index No. 27124/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 5, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34244

S/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

BARRY A. COZIER

STEVEN W. FISHER, JJ.

2005-11878
Long Island Drinking Water Coalition, Inc.,
etc., et al., appellants, v Board of Trustees of
Incorporated Village of North Hills, et al.,
respondents.

(Index No. 013512/05)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, dated December 16, 2005, to enjoin the respondents from approving or proceeding with the development of the subject property, pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., H. MILLER, COZIER and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34226

S/sl

2005-06635

Metropolitan Property & Casualty Insurance
Company, a/s/o Brian Wallach, appellant, v
Village of Croton-on-Hudson, respondent.
(Index No. 1268/05)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated May 31 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 27, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34221

S/sl

2005-07890

150 Greenway Terrace, LLC, appellant,
v Oscar Gole, et al., respondents.
(Index No. 776/05)

ORDER ON APPLICATION

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34199

M/nl

2005-06095

Pamela J. Schoonmaker, et al., appellants, et al.,
plaintiffs, v New York Medical College, et al.,
respondents, et al., defendants.
(Index No. 5162/04)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated May 12, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 17, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34232

S/sl

2005-04836

David Torelli, appellant,
v Joseph F. Connors, respondent.
(Index No. 15751/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated April 7, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 2, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34222

S/sl

2005-07052

Viacheslav Ubaydov, et al., respondents,
v Kenny's Fleet Maintenance, Inc., et al., appellants.
(Index No. 25656/04)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 1, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 28, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M33708

A/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

MARK C. DILLON, JJ.

2005-04692, 2005-04695, 2005-04696
Washington Title Insurance Company,
respondent, v Martha Adama Lewis Snelling,
et al., appellants, et al., defendants.
(Index No. 18977/96)

DECISION & ORDER ON MOTION

Motion by the appellant Diane S. Pinnock, pro se, on appeals from (1) a decision of the Supreme Court, Queens County, dated June 29, 2004, (2) an order and judgment (one paper) of the same court dated January 6, 2005, and (3) an order of the same court dated April 18, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and to waive the filing fee.

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

ORDERED that on the court's own motion the appeal from the decision dated June 29, 2004, (Appellate Division Docket No. 2005-04692) is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that on the court's own motion the appeal by Martha Adama Lewis Snelling is dismissed without costs or disbursements (see Whitehead v Town House Equites, Ltd., 8 AD3d 369, 370); and it is further,

ORDERED that the branch of the motion which is to waive the certification requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is denied with leave to renew on or before January 30, 2006, upon the appellant filing a supplemental record containing (1) the summons and complaint and the defendants' answers, (2) the appellant's notice of motion to vacate the order and judgment dated January 6, 2005, (3) the appellant's affidavit in support of the motion to vacate the order and judgment dated January 6, 2005, (4) the plaintiffs' affirmation in opposition to the motion, and (5) the appellant's reply; and it is further;

ORDERED that the branch of the motion which is to waive the filing fee is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34227

S/sl

2005-06475

Daisy Washington, respondent,
v Bienvenido Marmol, et al., appellants.
(Index No. 10418/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 1, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34200

2005-06171
Lamont Wilson, etc., et al., respondents,
v Galicia Contracting & Restoration Corp.,
et al., defendants, Safway Steel Products,
appellant.
(Index No. 11878/00)

ORDER ON APPLICATION

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34234

S/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-02523
Michael Zafran, appellant,
v Lisa Zafran, respondent.
(Index No. 26917-98)

SCHEDULING ORDER

Appeal by Michael Zafran from an order of the Supreme Court, Nassau County, dated February 4, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 7, 2005. The respondent's brief was filed on November 17, 2005, and the Law Guardian's brief was filed on December 5, 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 appellant's time to serve and file a reply brief on the appeal is enlarged until December 30, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M33416

2005-06838
In the Matter of Baby Boy B. (Anonymous).
Rochelle "Anonymous," et al., petitioners-respondents;
Mallory "Anonymous," respondent-appellant, et al.,
respondent; Glenn Gucciardo, nonparty-appellant.
(Docket No. A-58-05)

SCHEDULING ORDER

Appeal by Mallory "Anonymous", from an order of the Family Court, Suffolk County, dated June 24, 2005. By decision and order of this court dated December 1, 2005, the following attorney was assigned as counsel on the appeal:

Susan DeNatale, Esq.

501 William Floyd Parkway

Shirley, New York 11967

(631) 902-2001

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:

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

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated December 1, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34243

S/sl

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-07227

In the Matter of Jeannine B. (Anonymous),
o/b/o Jayda D.-B. (Anonymous), et al., respondents,
v Roger D. (Anonymous), appellant.
(Docket No. O-2339-04)

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

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated December 23, 2005, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Rockland County, dated May 10, 2005, as a poor person, and for the assignment of counsel.

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

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

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

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

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

Del Atwell, Esq.

P. O. Box 2516

Montauk, New York 11954

(631) 267-2067

and it is further,

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

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

ADAMS, J.P., LUCIANO, MASTRO, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34242

S/sl

THOMAS A. ADAMS, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-07226

In the Matter of Jayda D.-B. (Anonymous).
Administration for Children's Services,
respondent; Roger D. (Anonymous), appellant.
(Docket No. N-2482-04)

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

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled case dated December 23, 2005, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Rockland County, dated May 16, 2005, as a poor person, and for the assignment of counsel.

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

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

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

Del Atwell, Esq.

P.O. Box 2516

Montauk, New York 111954

(631) 267-2067

and it is further,

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

ADAMS, J.P., LUCIANO, MASTRO, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34203

2005-11723
In the Matter of Gina Forbes, respondent,
v Garvin Nixon, appellant.
(Docket No. F-02568/04)

SCHEDULING ORDER

Appeal by Garvin Nixon from an order of the Family Court, Kings County, dated November 17, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34192

2005-00428
In the Matter of Jasmine Hall, petitioner-
respondent, v Orange County Department of
Social Services, respondent, Kevin Mays,
appellant.
(Docket Nos. V-02726-04, V-02727-04)

SCHEDULING ORDER

Appeal by Kevin Mays from an order of the Family Court, Orange County, dated December 16, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 16, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34201

2005-04228, 2005-04230
In the Matter of Shaheen P. J. (Anonymous),
appellant.
(Docket No. D-09840-02)

SCHEDULING ORDER

Appeals by Shaheen P. J. from two orders of the Family Court, Nassau County, both dated April 6, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 22, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34198

2005-06613
In the Matter of Gail Rotundi, respondent,
v Douglas F. Rotundi, appellant.
(Docket No. F-20852-03)

SCHEDULING ORDER

Appeal by Douglas F. Rotundi from an order of the Family Court, Suffolk County, dated June 6, 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 appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 1, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34202

2005-11673
In the Matter of Shaquana S. (Anonymous),
appellant.
(Docket No. D-20091/05)

SCHEDULING ORDER

Appeal by Shaquana S. from an order of the Family Court, Queens County, dated December 12, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

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

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

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34253

T/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2004-05595, 2004-09378
In the Matter of Sambasiva Rao Venigalla,
et al., respondents, v Alagappa Alagappan,
et al., appellants.
(Index No. 15676/01)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Queens County, dated June 10, 2004, and September 13, 2004, respectively, inter alia, to stay all proceedings with respect to elections for members of the Board of Directors of the Hindu Temple Society of North America and for a preference in the calendaring of the appeals, and cross application by the respondents to impose costs and a sanction.

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

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

ORDERED that the application is denied without prejudice to seeking similar relief by motion (see CPLR 8022).

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34230

2004-10722
The People, etc., appellant,
v Kevin Brown, respondent.
(Ind. No. 8004/01)

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 8, 2004.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34088

T/sl

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-01319
The People, etc., respondent,
v Michael Brown, appellant.
(Ind. No. 2202/02)

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 January 11, 2005.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34006

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-10939

The People, etc., plaintiff,
v Andre Cameron, defendant.
(Ind. No. 03-00575)

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

Motion by the defendant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Orange County, rendered May 13, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation 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

Appellant's address:

05 A 2649

Franklin Corr. Fac.

Box 10

Malone, New York 12953

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34000

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-06354

The People, etc., respondent,
v Jose Clas, appellant.
(Ind. No. 1772-04)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered June 10, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

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

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

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

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

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

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

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 3290

Clinton Corr. Fac.

Box 2002

Dannemora, New York 12929

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34010

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-10755
The People, etc., respondent,
v Charles Cummings, appellant.
(Ind. No. 277/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Richmond County, rendered July 13, 2005.

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 the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Richmond County, rendered July 13, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34015

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-08843
The People, etc., respondent,
v Robert Figueroa, appellant.

(Ind. No. 627-05)

DECISION & ORDER ON MOTION
Motion Pro se to Relieve Counsel
of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered August 24, 2004, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on October 26, 2005, and the following named attorney was assigned to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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

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

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

Alan Polsky, Esq.

630 Johnson Avenue

Bohemia, New York 11716

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34004

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-10698
The People, etc., respondent,
v Desmond Francis, appellant.
(Ind. No. 8222/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered October 27, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34139

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-10490

The People, etc., respondent,
v Charles Hardy, appellant.
(Ind. No. 138-00)

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

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

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

ORDERED the motion is granted; and it is further,

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

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

01 A 1522

Clinton Corr. Fac.

P.O. Box 2001

Dannemora, New York 12929

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M33998

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-07962

The People, etc., respondent,
v Jeffrey Kline, appellant.
(Ind. No. 04-00388)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Rockland County, rendered August 2, 2005, as a poor person, and for the assignment of counsel.

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

ORDERED the motion is granted; and it is further,

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

James Licata

Office of the Public Defender

11 New Hemstead Road

New City, New York 10956-3664

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

265 Route 210

Stony Point, New York 10980

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34001

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-08643

The People, etc., respondent,
v Terrance Monk, appellant.
(Ind. No. 04-00590)

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

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered August 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 relation thereto, it is

ORDERED the motion is granted; and it is further,

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

Judith E. Permutt, Esq.

111 Brook Street

Scarsdale, New York 10583

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34236

S/sl

2002-05719, 2002-05743, 2002-10512

The People, etc., respondent,
v Richard Montalvo, appellant.
(Ind. Nos. 97-01267, 99-01250, 00-00014)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a supplemental brief on appeals from three judgments of the Supreme Court, Westchester County, all rendered May 22, 2002.

ORDERED that the application is granted and the supplemental brief submitted to the Clerk of this court is accepted for filing; and it is further,

ORDERED that the respondent's response to the supplemental brief shall be served and filed on or before February 28, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34013

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-09050
The People, etc., respondent,
v Edward J. Nash, appellant.
(Ind. No. 05-00154)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Orange County, rendered August 15, 2005. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on October 31, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

Michele Marte-Indzonka, Esq.

46 So. Plank Road

Newburgh, New York 12550

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

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

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

Richard Ferris, Esq.

405 Mayro Building

Utica, New York 13501

and it is further,

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 4315

Downstate Corr. Fac.

Box F - Red Schoolhouse Road

Fishkill, New York 12524

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34008

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-10940
The People, etc., plaintiff,
v Omar Tantawi, defendant.
(Ind. No. 27/04)

DECISION & ORDER ON MOTION

Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Putnam County, rendered April 26, 2005.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34009

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2005-10727
The People, etc., respondent,
v Yunus Unlu, appellant.
(Ind. No. 1339-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Suffolk County, rendered May 17, 2005.

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 the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the County Court, Suffolk County, rendered May 17, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court