12-29-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR DECEMBER 29, 2005

TITLE	Case Number
Arroyo v J.C. Penny Corporation, Inc.	2005-09144
Carrero v Dime Contractors	2005-04317 +1
Caruso v Franklin Avenue Plaza, LLC	2005-06516
DeJesus v Farley	2005-07487
Dowd v City of New York	2005-03851
Eng v Sichenzia	2005-04266
Festinger v Edrich	2005-06476
Forlong v Faulton	2005-10329
Friedlander v Ramos	2004-04829
Hadden v Port Authority of New York & New Jersey	2005-06244
Heridia v Rodriguez	2005-11623
Hyun Sook Lee, a/k/a Hyun Sook Kim v Elmhurst Gard	2005-08385
Insinga v F.C. General Contracting	2005-05963
International Shoppes, Inc. v Spencer	2005-03132 +1
Keitel v Kurtz	2005-00994 +1
Keitel v Kurtz	2005-00994 +1
Kwang Hee Lee v Adjmi 936 Realty Associates	2005-05760 +1
Laszczych v Yorkville Towers Associates, LP	2005-05159
Legacy Homes, Inc. v LeCausi	2005-06593
Lopez v Ajose	2005-04339
Matarazzo v Forianos	2005-08483
Miranda v New York City Housing Authority	2004-00945
Oberstein v Rice	2005-08215
Ortiz v Bonacquisto	2005-07361
People of State of New York v Freeman	2005-05249
Ross v Ross	2005-06860
Stillman v Kalikow	2005-05811
Thomas v Litchfield-Thomas	2005-06732
Trayner v Gallo	2005-06865
Viserta v Hillside Village Condominium Association	2005-08259
Voutsinas v Voutsinas	2005-06734
Vuljevic v Nigro	2005-09186
Zarick v MPK Automotive Holdings, Inc.	2005-07693
Mtr of Dunning v Hill	2005-06143
Mtr of Weinberg; Grievance Committee for the Tenth	2003-05744
Peo v Brown, Kevin	2005-11109
Peo v Deal, Derek	2005-10931
Peo v Dotsenko, Angelika	2005-07369 +1
Peo v Dunlap, Anthony	2005-10497
Peo v Estiverne, Etzer	2005-10634
Peo v Jones, Anthony	2005-09549
Peo v Jones, Douglas	2005-10499

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

Appellate Division: Second Judicial Department

M34258

2005-09144

Carmen Arroyo, respondent,
v J. C. Penny Corporation, Inc., appellant.
(Index No. 16197/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 15, 2005.

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

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M34286

S/sl

2005-04317, 2005-06433

Antonio Carrero, respondent,
v Dime Contractors, et al., appellants.
(Index No. 48509/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Kings County, dated March 30, 2005, and June 10, 2005, respectively.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 31, 2006, and the respondent'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

M34257

S/sl

2005-06516

Camille R. Caruso, respondent,
v Franklin Avenue Plaza, LLC, et al., appellants,
et al., defendant.
(Index No. 009952/03)

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, Nassau County, dated June 3, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 27, 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

M34245

2005-07487

Victor M. DeJesus, Jr., appellant,
v Eileen Farley, respondent.
(Index No. 13419/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Suffolk 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

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

Appellate Division: Second Judicial Department

M34270

2005-03851

Scott Dowd, et al., plaintiffs respondents-
appellants, v City of New York, defendant
third-party plaintiff respondent-appellant;
Brooklyn Union Gas, defendant appellant-
respondent.
(Index No. 15462/96)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the respondent-appellant City of New York to withdraw a cross-appeal from an order of the Supreme Court, Kings County, dated February 3, 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 cross-appeal by the City of New York 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

M34266

2005-04266

Hanie Eng, et al., respondents-appellants,
v Michael Sichenzia, et al., defendants,
Old Republic National Title Insurance Company,
appellant-respondent.
(Index No. 818/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Putnam County, dated March 24, 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

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

Appellate Division: Second Judicial Department

M34263

S/sl

2005-06476

Samuel Festinger, appellant,
v George Edrich, et al., respondents.
(Index No. 18707/03)

ORDER ON APPLICATION

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

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

M34275

S/sl

2005-10329

Roy Forlong, et al., respondents,
v Jamurath Faulton, et al., appellants.
(Index No. 32685/02)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated September 28, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 23, 2006, and the respondents' 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

M34247

2004-04829

Imre Friedlander, respondent,
v Flavio Ramos, appellant.
(Index No. 107946/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal, by permission, from an order of the Appellate Term, Second & Eleventh Judicial Districts, dated May 24, 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

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

Appellate Division: Second Judicial Department

M34265

2005-06244

George Hadden, respondent,
v Port Authority of New York & New Jersey,
et al., defendants, T. Moriarity & Son, Inc.,
appellant.
(Index No. 9921/00)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Queens County, entered 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

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

Appellate Division: Second Judicial Department

M34268

2005-11623

Pedro Heridia, appellant,
v Nestor Rodriguez, et al., respondents.
(Index No. 13950/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

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

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

Appellate Division: Second Judicial Department

M34271

2005-08385
Hyun Sook Lee, a/k/a Hyun Sook Kim, etc., appellant,
v Elmhurst Gardens, Inc., et al., respondents.
(Index No. 28372/01)

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 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

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

Appellate Division: Second Judicial Department

M34278

S/sl

2005-05963

Philip Insinga, plaintiff-respondent,
v F. C. General Contracting, et al., appellants,
Rodney C. Hubbard, et al., defendants-respondents.
(Index No. 18674/01)

ORDER ON APPLICATION

Application by the appellants Ryder Han and Chung Woo Han 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, Queens County, dated December 9, 2004.

ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until January 4, 2006, and the movants' 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

M34284

S/sl

2005-03132, 2005-08424

International Shoppes, Inc., et al., appellants,
v Arleigh Spencer, respondent.

(Index No. 10559/04)

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 appeals from two orders of the Supreme Court, Nassau County, dated March 1, 2005, and June 30, 2005, respectively.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 4, 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

M34285

S/sl

2005-00994, 2005-00995
Jerry Keitel, et al., appellants-respondents,
v Neil Kurtz, et al., respondents, Elliot
Dreznick, respondent-appellant.
(Index No. 23892/98)

ORDER ON APPLICATION

Application by the respondents Ronald Bennett, Max I. Hamburger, Mark Tan, Rheumatology Associates of Long Island, Alan T. Kaell, and Paul E. Schulman pursuant to 22 NYCRR 670.8(d)(2), on appeals and cross appeals from an order of the Supreme Court, Suffolk County, dated December 10, 2004, and a judgment of the same court dated January 13, 2005, to enlarge the time to serve and file a brief.

ORDERED that the application is granted, the movants' time to serve and file a brief is enlarged until February 6, 2006, and the movants' brief shall 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

M34261

S/sl

2005-00994, 2005-00995

Jerry Keitel, et al., appellants-respondents,
v Neil Kurtz, et al., respondents, Elliot
Dreznick, respondent-appellant.
(Index No. 23892/98)

ORDER ON APPLICATION

Application by the respondents Charles Sitrin and Radiological Health Services, P.C., d/b/a New York Imaging Center pursuant to 22 NYCRR 670.8(d)(2), on appeals and cross appeals from an order of the Supreme Court, Suffolk County, dated December 10, 2004, and a judgment of the same court dated January 13, 2005, to enlarge the time to serve and file a brief.

ORDERED that the application is granted, the movants' time to serve and file a brief is enlarged until February 6, 2006, and the movants' brief shall 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

M34264

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 respondent-appellant Ray Realty Fulton, Inc., to withdraw cross 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 cross appeals by Ray Realty Fulton, Inc., as 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

M34248

2005-05159

Maria Laszczych, et al., respondents,
v Yorkville Towers Associates, LP, et al.,
defendants third-party plaintiffs-appellants;
Royal Restoration, Inc., third-party defendant-
appellant.
(Index No. 11357/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants Yorkville Towers Associates, LP, R.Y. Management Co., Inc., and Sentry Contracting, Inc., to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 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 by Yorkville Towers Associates, LP, R.Y. Management Co., Inc., and Sentry Contracting, Inc., 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

M34256

2005-06593

Legacy Homes, Inc., respondent,
v Richard LeCausi, et al., appellants.
(Index No. 16551/04)

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 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 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

M34274

S/sl

2005-04339

Stephanie Lopez, respondent,
v Simon Ajose, appellant.
(Index No. 4863/01)

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, Kings County, dated March 29, 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

M34260

2005-08483

Salvatore Matarazzo, appellant,
v Gerasimos Forianos, respondent.
(Index No. 9054/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated July 27, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M33407

A/mv

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2004-00945

Jonathan Miranda, etc., et al., appellants,
v New York City Housing Authority, et al.,
defendants, Mitchell Rubber Products, Inc.,
respondent (and a third-party action).
(Index No. 36586/01)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue so much of a decision and order of this court dated May 9, 2005, as, upon determining an appeal from an order of the Supreme Court, Kings County, dated January 7, 2004, awarded costs to the appellants or, in the alternative, for leave to appeal to the Court of Appeals from so much of the decision and order as awarded costs to the appellants.

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

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

ORDERED that the decision and order dated May 9, 2005, in the above-entitled case is amended by deleting from the decretal paragraph thereof the words "with costs" and substituting therefor the words "without costs or disbursements"; and it is further,

ORDERED that the motion is otherwise denied as academic.

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

M34259

2005-08215

Adele Oberstein, respondent,
v Sharyl Rice, appellant.
(Index No. 13093/03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated August 2, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M34252

2005-07361

Sandra Ortiz, respondent,
v Gaetano Bonacquisto, et al.,
appellants.
(Index No. 170/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Putnam County, dated June 1, 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

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

Appellate Division: Second Judicial Department

M34216

F/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-05249
The People of the State of New York,
respondent, v Walter Freeman, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a determination of the County Court, Orange County, dated May 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 that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the County Court, Orange County, continues on appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); 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 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 the filing fee is waived (see CPLR 1103[d]); 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

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

Appellate Division: Second Judicial Department

M34250

2005-06860

Richard Henry Ross, appellant,
v Deborah Dowd Ross, respondent.
(Index No. 1344/05)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 15, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M34283

S/sl

2005-05811

Willard Stillman, appellant,
v Edward Kalikow, et al., respondents.

(Index No. 3874/02)

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, Nassau County, dated April 20, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before January 9, 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

M34255

2005-06732

Bennie L. Thomas, Jr., appellant,
v Carol A. Litchfield-Thomas, respondent.
(Index No. 200424/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

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

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

Appellate Division: Second Judicial Department

M34246

2005-06865

Sarah-Ann Trayner, et al., appellants,
v Joseph Gallo, et al., respondents.
(Index No. 11859/03)

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 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

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

Appellate Division: Second Judicial Department

M34251

2005-08259

Jan Viserta, et al., plaintiffs-respondents,
v Hillside Village Condominium Association,
appellant, Gem Community Management, Inc.,
defendant-respondent.
(Index No. 5857/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

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

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

Appellate Division: Second Judicial Department

M34254

2005-06734

Byron Voutsinas, respondent,
v George Voutsinas, appellant.
(Index No. 16736/00)

ORDER ON APPLICATION
Application to Withdraw Appeal

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

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

Appellate Division: Second Judicial Department

M34249

2005-09186

Kosto Vuljevic, respondent,
v Danielle Nigro, et al., appellants.
(Index No. 8270/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

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

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

Appellate Division: Second Judicial Department

M34267

2005-07693

Monte Zarick, plaintiff-respondent,
v MPK Automotive Holdings, Inc., et al.,
defendants-respondents, S & D Motors, Inc.,
etc., appellant.
(Index No. 1056/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

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

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

Appellate Division: Second Judicial Department

M34262

2005-06143

In the Matter of Victor Dunning,
respondent, v Kristi Hill, appellant.
(Proceeding No. 1)
In the Matter of Kristi Dunning,
appellant, v Victor Dunning, respondent.
(Proceeding No. 2)
(Docket Nos. V-04845/04, V-04846/04,
V-05268/04, V-11527/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated June 2, 2005.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M34276

K/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

DAVID S. RITTER, JJ.

2003-05744
In the Matter of Amos Weinberg, a suspended
attorney.
Grievance Committee for the Tenth Judicial
District, petitioner;
Amos Weinberg, respondent.
(Registration No. 1622018)

DECISION & ORDER ON MOTION

Motion by the respondent for an order modifying this court's opinion and order dated October 31, 2005, insofar as it disaffirmed the Special Referee's report and suspended the respondent for a period of one year, commencing November 30, 2005. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 24, 1978.

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

ORDERED that the motion is denied in its entirety.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and RITTER, 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

M34269

S/sl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-11109
The People, etc., appellant,
v Kevin Brown, respondent.

(Ind. No. 8004/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 27, 2005, in the above-entitled case is amended by deleting from the caption thereof after the words "The People, etc.", the word "respondent" and substituting therefor the word "appellant".

FLORIO, J.P., MASTRO, SKELOS 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

M34214

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-10931

The People, etc., respondent,
v Derek Deal, appellant.
(Ind. No. 1530-05)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered October 14, 2005, as a poor person, and for the assignment of counsel.

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 5427

Downstate Corr. Fac.

Box F - Red Schoolhouse Road

Fishkill, New York 12524-0445

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

Appellate Division: Second Judicial Department

M33130

STEPHEN G. CRANE, J.P.

DANAIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-07369, 2005-07924

The People, etc., plaintiff,
v Angelika Dotsenko, defendant.
(Ind. No. 5053/02)

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 appeals from a judgment of the Supreme Court, Kings County, rendered June 24, 2004, and a resentence of the same court, rendered December 2, 2004, for leave to prosecute the appeals 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

04 G 0607

Bedford Hills Corr. Fac.

247 Harris Road - Box 1000

Bedford Hills, New York 10507

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

Appellate Division: Second Judicial Department

M34218

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-10497

The People, etc., respondent,
v Anthony Dunlap, appellant.
(Ind. No. 1707-04)

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 15, 2005, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition and 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:

05 A 4969

Southport Corr. Fac.

P.O. Box 2000, Institution Road

Pine City, New York 14871

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

Appellate Division: Second Judicial Department

M34223

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-10634

The People, etc., respondent,
v Etzer Estiverne, appellant.
(Ind. No. 05-00069)

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, Rockland County, rendered September 27, 2005, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition and 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 5058

Central New York Psychiatric Center

P.O. Box 300

Marcy, New York 13403

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

Appellate Division: Second Judicial Department

M34213

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-09549

The People, etc., respondent,
v Anthony Jones, appellant.
(Ind. No. 2888-04)

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 6, 2005, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition and 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:

05 R 3913

Collins Corr. Fac.

P.O. Box 340

Collins, New York 14034

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

Appellate Division: Second Judicial Department

M34215

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-10499

The People, etc., respondent,
v Douglas Jones, appellant.
(Ind. No. 1828-05)

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

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered October 17, 2005, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition and 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:

05 A 5431

Lakeview Shock Incarceration Fac.

P.O. Box T

Brocton, New York 14716