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By Ritter, J.P.; Goldstein, Crane and Mastro, JJ. By Ritter, J.P.; Goldstein, Crane and Mastro, JJ. Cudjoe, ap, v. State of New York, res — (Claim No. 104968) — Motion by the appellant pro se on an appeal from a judgment of the Court of Claims, dated August 20, 2002, for leave to reargue a motion for leave to prosecute the appeal as a poor person, which was determined by decision and order on motion of this court dated December 26, 2002. Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is ORDERED that the motion is granted, and upon reargument, the decision and order on motion of this court dated December 26, 2002, is recalled and vacated, and the following decision and order on motion is substituted therefor: Motion by the appellant to waive the filing fee on an appeal from a judgment of the Court of Claims, dated August 20, 2002. Upon the papers filed in support of the motion and papers filed in relation thereto, it is ORDERED that the motion is denied; and it is further, ORDERED that on the court’s own motion, the appellant’s time to perfect the appeal is enlarged until April 21, 2003, and the record or appendix on the appeal and the appellant’s brief must be served and filed on or before that date in accordance with the rules of this court (see 22 NYCRR 670.8). RITTER, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur. Jackson-Cutler, res, v. Long aps def — 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 July 31, 2002. ORDERED that the application is granted and the appellants’ time to perfect the appeal is enlarged until April 29, 2003, and the record or appendix on the appeal and the appellants’ brief must be served and filed on or before that date. By Altman, J.P.; Smith, McGinity and Townes, JJ. Johnson, ap, v. Long Island University, res — Appeal by the plaintiff pro se from an order of the Supreme Court, Kings County, dated April 30, 2002. By decision and order on motion dated January 13, 2003, the appellant’s motion to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal was denied and the appellant was directed to serve and file a new record or appendix and brief which complied with the rules of this court on or before February 18, 2003. The appellant has not complied with the decision and order on motion of this court and has not moved to enlarge his time to comply with that decision and order. On the court’s own motion, it is ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect the appeal in accordance with the decision and order on motion of this court dated January 13, 2003. ALTMAN, J.P., SMITH, McGINITY and TOWNES, JJ., concur. By Ritter, J.P.; Santucci, Feuerstein and Schmidt, JJ. Marcillo, ap, v. Maldonado res — Renewed motion by the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated May 6, 2002, to dismiss the appeal for failure to timely perfect the same. Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is ORDERED that the motion is granted, and the appeal is dismissed for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8). RITTER, J.P., SANTUCCI, FEUERSTEIN and SCHMIDT, JJ., concur. By Gail Prudenti, P.J.; Ritter, Santucci, Altman and Florio, JJ. Matter of Abramowitz, an attorney and counselor-at-law. — Jed Andrew Abramowitz has voluntarily submitted an affidavit dated September 20, 2002, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Abramowitz was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 30, 1980. He is presently an attorney in good standing in New York State and there are no complaints or charges of professional misconduct pending against him. Mr. Abramowitz presently resides and practices law in Pennsylvania, has never practiced law in New York and does not intend to return to New York to practice law. Therefore, under these circumstances, he does not wish to pay the biennial registration fee. Upon the papers submitted in support of the motion and no papers having been submitted in opposition thereto, it is ORDERED that the voluntary resignation of Jed Andrew Abramowitz, an attorney in good standing, is accepted and directed to be filed; and it is further, ORDERED that the name of Jed Andrew Abramowitz is removed from the roll of attorneys and counselors-at-law in New York State, without prejudice to an application for reinstatement; and it is further, ORDERED that pursuant to Judiciary Law �90, effective immediately, Jed Andrew Abramowitz, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in New York State, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York. PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur. By Gail Prudenti, P.J.; Ritter, Santucci, Altman and Florio, JJ. Matter of Bongiovi, an attorney and counselor-at-law. — Donald J. Bongiovi has voluntarily submitted an affidavit dated September 12, 2002, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Bongiovi was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 13, 1983. He is presently an attorney in good standing in New York State and there are no complaints or charges of professional misconduct pending against him. Mr. Bongiovi presently resides in Massachusetts, has not practiced law in New York since 1984, and does not intend to return to New York to practice law. Therefore, under these circumstances, he does not wish to pay the biennial registration fee. Upon the papers submitted in support of the motion and no papers having been submitted in opposition thereto, it is ORDERED that the voluntary resignation of Donald J. Bongiovi, an attorney in good standing, is accepted and directed to be filed; and it is further, ORDERED that the name of Donald J. Bongiovi is removed from the roll of attorneys and counselors-at-law in New York State, without prejudice to an application for reinstatement; and it is further, ORDERED that pursuant to Judiciary Law �90, effective immediately, Donald J. Bongiovi, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in New York State, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York. PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur. By Santucci, J.P.; Krausman, Adams and Crane, JJ. Matter of Baby Girl C. (Anonymous). Leake & Watts Services, Inc. res; Kevin S. (Anonymous), ap — (Docket No. B-21578/00) — On the court’s own motion, it is ORDERED that its decision and order in the above-entitled proceeding dated January 23, 2003, is recalled and vacated, and the following is substituted therefor: Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated July 16, 2002, as a poor person, and for the assignment of counsel. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is granted; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondents, 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: Robert E. Nicholson, Esq. 26 Court Street – Suite 2204 Brooklyn, New York 11242 (718) 246-0288 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. SANTUCCI, J.P., KRAUSMAN, ADAMS and CRANE, JJ., concur. Matter of Baby Girl C. (Anonymous). Leake & Watts Services, Inc. res; Kevin S. (Anonymous), ap — (Docket No. B-21578/00) — Appeal by Kevin S. from an order of the Family Court, Kings County, dated July 16, 2002. By decision and order on motion of this court dated March 6, 2003, the appellant’s motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal: Robert E. Nicholson, Esq. 26 Court Street – Suite 2204 Brooklyn, New York 11242 (718) 246-0288 On the court’s own motion, pursuant to �670.4(a) of the Rules of this court (22 NYCRR 670.8[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: 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 shall not be dismissed. By Gail Prudenti, P.J.; Ritter, Santucci, Altman and Krausman, JJ. Matter of Fontana, a suspended attorney. Grievance Committee for the Second and Eleventh Judicial Districts, pet; Fontana, res — Motion by the Grievance Committee for the Second and Eleventh Judicial Districts for an order finding the respondent in default of his obligation to submit a written answer to charges of professional misconduct which were personally served upon him and directing that the respondent be disciplined upon the charges set forth in the supplemental petition. By decision and order on motion of this court dated October 23, 2002, the respondent was suspended from the practice of law pursuant to 22 NYCRR 691.4(l)(1)(i) based upon his failure to cooperate with the Grievance Committee’s investigation, the Grievance Committee was authorized to institute and prosecute supplemental charges against him, this court referred those issues to the Honorable Francis X. Egitto, as Special Referee to hear and report, along with the issues previously referred to him, and that branch of the Grievance Committee’s motion which was to adjudicate the respondent in civil contempt of court for his refusal or neglect to obey a subpoena so-ordered by the court was denied. By prior decision and order on motion of this court dated March 7, 2002, that branch of the Grievance Committee’s motion which was to suspend the respondent pursuant to 22 NYCRR 691.4(l)(1)(i) was denied, but the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent and the issues raised were referred to the Honorable Francis X. Egitto, as Special Referee to hear and report. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 17, 1982. Upon the papers submitted in support of the motion and no papers having been submitted in opposition thereto, it is ORDERED that the motion is denied; and it is further, ORDERED that the parties are directed to proceed expeditiously with the previously authorized disciplinary proceeding before Special Referee Francis X. Egitto. PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and KRAUSMAN, JJ., concur. By Ritter, J.P.; Santucci, Feuerstein and Schmidt, JJ. Matter of Fornario, etc. res, v. Clerk of the Rockland County Legislature ap — Motion by the appellants to stay enforcement of stated portions of an order of the Supreme Court, Rockland County, dated February 5, 2003, and for a preference in the calendaring of the appeal. Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is ORDERED that the branch of the motion which is for a stay is denied; and it is further, ORDERED that the branch of the motion which is for a preference is granted, the appellants shall perfect the appeal on or before April 7, 2003, the respondents’ brief must be served and filed on or before May 7, 2003, the reply brief must be served and filed on or before May 19, 2003, and the appeal will be calendared when fully perfected. RITTER, J.P., SANTUCCI, FEUERSTEIN and SCHMIDT, JJ., concur. Matter of Sheldon G. (Anonymous), et al. Department of Social Services, respondent; Nadene M. G. (Anonymous), ap — (Docket No. B-5033-01) — Appeal by Nadene M. G. from an order of the Family Court, Dutchess County, dated January 23, 2002. Pursuant to �670.4(a) of the Rules of this court (22 NYCRR 670.8[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: 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 shall not be dismissed. By Gail Prudenti, P.J.; Ritter, Santucci, Altman and Florio, JJ. Matter of Goode, ap, v. Hickey, etc., res — (Docket Nos. A376-01, A377-01, V872-01, V873-01) — Motion by the appellant pro se, inter alia, to relieve assigned counsel and for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Suffolk County, dated March 11, 2002. The appellant’s motion for assignment of counsel was granted on July 18, 2002, and December 11, 2002, respectively, and the following named attorney was assigned as counsel to prosecute the appeal: Karl E. Bonheim, Esq. P.O. Box 145 Riverhead, New York 11901 Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto; it is ORDERED that the branch of the motion which is to relieve assigned counsel and for the assignment of new counsel is granted, and said 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 Family Court Act �1120 the following named attorney is assigned as counsel to prosecute the appeal: James DeFelice, Esq. Tilis Law Office 80 Orville Drive – Suite 100 Bohemia, New York 11716 (631) 244-1615 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 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; and it is further, ORDERED that the motion is otherwise denied. PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur. Matter of Goode, ap, v. Hickey, res — (Docket Nos. A376-01, A377-01, V872-01, V873-01) — Appeal by John Goode from an order of the Family Court, Suffolk County, dated March 11, 2002. By decision and order on motion of this court dated March 6, 2003, the appellant’s motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal: James DeFelice, Esq. Tilis Law Office 80 Orville Drive – Suite 100 Bohemia, New York 11716 (631) 244-1615 On the court’s own motion, pursuant to �670.4(a) of the Rules of this court (22 NYCRR 670.8[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: 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 shall not be dismissed. By Ritter, J.P.; Santucci, Feuerstein and Schmidt, JJ. Matter of Lucy Grillo, deceased. Jones, ap; Riedel, res — (File No. 00-0809) — Motion by the appellant, inter alia, to stay all proceedings in the above-entitled matter pending hearing and determination of an appeal from an order of the Surrogate’s Court, Westchester County, dated October 11, 2002. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. RITTER, J.P., SANTUCCI, FEUERSTEIN and SCHMIDT, JJ., concur. Matter of Lonnie H. (Anonymous), ap — (Docket No. D-17460/98) — 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 Family Court, Kings County, dated August 7, 2002. ORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until April 24, 2003. Matter of Manuel Maurice J. (Anonymous), Jr., a/k/a Manuel J. (Anonymous). Commissioner of Social Services, res; Celest S. (Anonymous), ap — (Proceeding No. 1) (Docket No. B-04788/01) Matter of Danny Paul J. (Anonymous), a/k/a Danny J. (Anonymous). Commissioner of Social Services, res; Celest S. (Anonymous), ap — (Proceeding No. 2) (Docket No. B-04789/01) Matter of “Male” S. (Anonymous), a/k/a Eric S. (Anonymous), a/k/a Deshawn S. (Anonymous). Commissioner of Social Services, res; Celest S. (Anonymous), ap — (Proceeding No. 3) (Docket No. B-04790/01) — Appeals from three orders of the Family Court, Kings County, all dated August 16, 2002. By decision and order on motion of this court dated March 6, 2003, the appellant’s motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals: Gabriella Richman, Esq. 217-69 Peck Avenue Hollis Hills, New York 11427 (718) 479-2211 On the court’s own motion, pursuant to �670.4(a) of the Rules of this court (22 NYCRR 670.8[4][a]), it is ORDERED that the appeals in the above-entitled proceedings 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: 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 appeals to show cause why the appeals should not be dismissed. By Smith, J.P.; Goldstein, Crane and Rivera, JJ. Matter of Manuel Maurice J. (Anonymous), Jr., a/k/a Manuel J. (Anonymous). Commissioner of Social Services, res; Celest S. (Anonymous), ap — (Proceeding No. 1) (Docket No. B-04788/01) Matter of Danny Paul J. (Anonymous), a/k/a Danny J. (Anonymous). Commissioner of Social Services, res; Celest S. (Anonymous), ap — (Proceeding No. 2) (Docket No. B-04789/01) Matter of “Male” S. (Anonymous), a/k/a Eric S. (Anonymous), a/k/a Deshawn S. (Anonymous). Commissioner of Social Services, res; Celest S. (Anonymous), ap — (Proceeding No. 3) (Docket No. B-04790/01) — On the court’s own motion, it is ORDERED that its decision and order in the above-entitled proceedings dated January 29, 2003, is recalled and vacated, and the following is substituted therefor: Motion by the appellant on appeals from three orders of the Family Court, Kings County, all dated August 16, 2002, for leave to prosecute the appeals as a poor person, for a free transcript, for the assignment of counsel, and to stay enforcement of the orders and any finalization of the adoption of the subject children pending hearing and determination of the appeals. Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act �1116); and it is further, ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those 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 appeals, including the Law Guardian, if any, when counsel serves the appellant’s brief upon those parties; and it is further, ORDERED that pursuant to Family Court Act �1120 the following named attorney is assigned as counsel to prosecute the appeals: Gabriella Richman, Esq. 217-69 Peck Avenue Hollis Hills, New York 11427 (718) 479-2211 and it is further, ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to �670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further, ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken. SMITH, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur. By Ritter, J.P.; Santucci, Altman, Florio and Cozier, JJ. Matter of Krivonos, an attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial Districts, pet; Krivonos, res — Motion by the Grievance Committee for the Second and Eleventh Judicial Districts to strike the respondent’s name from the roll of attorneys and counselors-at-law, pursuant to Judiciary Law �90(4), upon a finding that he has been convicted of a felony. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 29, 1997. On April 5, 2002, he pleaded guilty in the United States District Court for the Eastern District of New York to conspiracy to defraud the United States, in violation of 18 USC �371. On September 20, 2002, he was sentenced to three years’ probation, with the special condition that he serve four months’ home confinement, and pay restitution in the amount of $1,100. Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is ORDERED that the motion is denied; and it is further, ORDERED that on the court’s own motion, the respondent is immediately suspended from the practice of law upon his conviction of a serious crime, and continuing until further order of this court, pursuant to Judiciary Law �90(4)(f); and it is further, ORDERED that Boris A. Krivonos shall promptly comply with this court’s rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further, ORDERED that pursuant to Judiciary Law �90, during the period of suspension and until further order of this court, the respondent, Boris A. Krivonos, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further, ORDERED that on the court’s own motion, the Grievance Committee for the Second and Eleventh Judicial Districts is authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against Boris A. Krivonos, based on his conviction of a serious crime; and it is further, ORDERED that Diana Maxfield Kearse, Chief Counsel for the Grievance Committee for the Second and Eleventh Judicial Districts, Renaissance Plaza, 335 Adams Street, Suite 2400, Brooklyn, NY 11201-3745, is hereby appointed as attorney for the petitioner in that proceeding; and it is further, ORDERED that within 30 days after its receipt of this order, the Grievance Committee shall serve a petition upon the respondent and the Special Referee, and shall file a copy of the same in the office of the Clerk of this court; and it is further, ORDERED that within 10 days after service upon him of a copy of the petition, the respondent shall serve an answer upon the petitioner and the Special Referee, and shall file a copy of the same in the office of the Clerk of this court; and it is further, ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable John A. Monteleone, a retired Justice of the Supreme Court, 16 Court Street, 18th Floor, Brooklyn, N.Y. 11241, as Special Referee to hear and report. RITTER, J.P., SANTUCCI, ALTMAN, FLORIO and COZIER, JJ., concur. By Gail Prudenti, P.J.; Ritter, Santucci, Altman and Florio, JJ. Matter of Levine, an attorney and counselor-at-law. — Darin Scott Levine has voluntarily submitted an affidavit dated August 15, 2002, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Levine was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 22, 1994. He is presently an attorney in good standing in New York State and there are no complaints or charges of professional misconduct pending against him. Mr. Levine presently resides in Maryland, has never practiced law in New York, and does not intend to return to New York to practice law. Therefore, under these circumstances, he does not wish to pay the biennial registration fee. Upon the papers submitted in support of the motion and no papers having been submitted in opposition thereto, it is ORDERED that the voluntary resignation of Darin Scott Levine, an attorney in good standing, is accepted and directed to be filed; and it is further, ORDERED that the name of Darin Scott Levine is removed from the roll of attorneys and counselors-at-law in New York State, without prejudice to an application for reinstatement; and it is further, ORDERED that pursuant to Judiciary Law �90, effective immediately, Darin Scott Levine, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in New York State, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York. PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur. By Ritter, J.P.; Santucci, Feuerstein and Schmidt, JJ. Matter of David M. (Anonymous). Angel Guardian Children & Family Services, Inc. res; Kelly M. (Anonymous), ap — (Proceeding No. 1) (Docket No. B-7793/99) Matter of Joy M. (Anonymous). Angel Guardian Children & Family Services, Inc. res; Kelly M. (Anonymous), ap — (Proceeding No. 2) (Docket No. B-7794/99) — Motion by the respondent Angel Guardian Children & Family Services, Inc., to dismiss appeals from two orders of the Family Court, Kings County, both dated May 15, 2002, for failure to timely perfect the same. Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is ORDERED that the motion is granted and the appeals are dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]). RITTER, J.P., SANTUCCI, FEUERSTEIN and SCHMIDT, JJ., concur. By Gail Prudenti, P.J.; Ritter, Santucci, Altman and Florio, JJ. Matter of Oppenheim, an attorney and counselor-at-law. — Robert L. Oppenheim has voluntarily submitted an affidavit dated August 19, 2002, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Oppenheim was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 20, 1962. He is presently an attorney in good standing in New York State and there are no complaints or charges of professional misconduct pending against him. Mr. Oppenheim presently resides in California, does not intend to return to New York to practice law, and under these circumstances does not wish to pay the biennial registration fee. Upon the papers submitted in support of the motion and no papers having been submitted in opposition thereto, it is ORDERED that the voluntary resignation of Robert L. Oppenheim, an attorney in good standing, is accepted and directed to be filed; and it is further, ORDERED that the name of Robert L. Oppenheim is removed from the roll of attorneys and counselors-at-law in New York State, without prejudice to an application for reinstatement; and it is further, ORDERED that pursuant to Judiciary Law �90, effective immediately, Robert L. Oppenheim, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in New York State, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York. PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur. Matter of Polyak, res, v. Toyber, ap — (Docket No. O-00543/02) — Appeal by Mikhail Toyber from an order of the Family Court, Queens County, dated May 14, 2002. By decision and order on motion of this court dated March 6, 2003, the appellant’s motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal: Edward E. Caesar, Esq. 26 Court Street Suite 2401 Brooklyn, New York 11201-4404 (718) 246-2712 On the court’s own motion, pursuant to �670.4(a) of the Rules of this court (22 NYCRR 670.8[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: 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 shall not be dismissed. By Gail Prudenti, P.J.; Krausman, Goldstein and Schmidt, JJ. Matter of Polyak, res, v. Toyber, ap — (Docket No. O-00543/02) — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Queens County, dated May 14, 2002, as a poor person, and for the assignment of counsel. Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is ORDERED that the motion is granted; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act �1116); and it is further, ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those 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: Edward E. Caesar, Esq. 26 Court Street Suite 2401 Brooklyn, New York 11201-4404 (718) 246-2712 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. PRUDENTI, P.J., KRAUSMAN, GOLDSTEIN and SCHMIDT, JJ., concur. By Santucci, J.P.; Krausman, Adams and Crane, JJ. Matter of Noel R. (Anonymous). Commissioner of the Administration for Children’s Services of the City of New York, ap; Maria R. (Anonymous), res — (Proceeding No. 1) (Docket No. N16126/02) Matter of Celina R. (Anonymous). Commissioner of the Administration for Children’s Services of the City of New York, ap; Maria R. (Anonymous), res — (Proceeding No. 2) (Docket No. N16127/02) Matter of Angel R. (Anonymous). Commissioner of the Administration for Children’s Services of the City of New York, ap; Maria R. (Anonymous), res — (Proceeding No. 3) (Docket No. N16128/02) — Appeal by the Commissioner of the Administration for Children’s Services of the City of New York from an order of the Family Court, Kings County, dated December 11, 2002. By decision and order on motion dated January 15, 2003, the appellant’s motion to stay enforcement of the order was granted on condition that the appeal was perfected on or before February 18, 2003. The appeal has not been perfected and the appellant has not moved to enlarge its time to comply with the decision and order on motion dated January 15, 2003. On the court’s own motion, it is ORDERED that the stay granted by the decision and order on motion dated January 15, 2003, is vacated. SANTUCCI, J.P., KRAUSMAN, ADAMS and CRANE, JJ., concur. By Gail Prudenti, P.J.; Ritter, Santucci, Altman and Florio, JJ. Matter of Sclafani Rhee, an attorney and counselor-at-law. — Christopher M. Sclafani Rhee has voluntarily submitted an affidavit dated July 30, 2002, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Rhee was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 20, 1998. He is presently an attorney in good standing in New York State and there are no complaints or charges of professional misconduct pending against him. Mr. Rhee presently resides in Washington, D.C., has never practiced law in New York, and does not intend to return to New York to practice law. Therefore, under these circumstances, he does not wish to pay the biennial registration fee. Upon the papers submitted in support of the motion and no papers having been submitted in opposition thereto, it is ORDERED that the voluntary resignation of Christopher M. Sclafani Rhee, an attorney in good standing, is accepted and directed to be filed; and it is further, ORDERED that the name of Christopher M. Sclafani Rhee is removed from the roll of attorneys and counselors-at-law in New York State, without prejudice to an application for reinstatement; and it is further, ORDERED that pursuant to Judiciary Law �90, effective immediately, Christopher M. Sclafani Rhee, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in New York State, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York. PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur. By Gail Prudenti, P.J.; Ritter, Santucci, Altman and Florio, JJ. Matter of Rhee, an attorney and counselor-at-law. — Jeannie H. Sclafani Rhee has voluntarily submitted an affidavit dated July 30, 2002, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Rhee was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 20, 1998. She is presently an attorney in good standing in New York State and there are no complaints or charges of professional misconduct pending against her. Ms. Rhee presently resides in Washington, D.C., has never practiced law in New York, and does not intend to return to New York to practice law. Therefore, under these circumstances, she does not wish to pay the biennial registration fee. Upon the papers submitted in support of the motion and no papers having been submitted in opposition thereto, it is ORDERED that the voluntary resignation of Jeannie H. Sclafani Rhee, an attorney in good standing, is accepted and directed to be filed; and it is further, ORDERED that the name of Jeannie H. Sclafani Rhee is removed from the roll of attorneys and counselors-at-law in New York State, without prejudice to an application for reinstatement; and it is further, ORDERED that pursuant to Judiciary Law �90, effective immediately, Jeannie H. Sclafani Rhee, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in New York State, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York. PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur. Matter of Yvette S. (Anonymous). Administration for Children’s Services, ap; Jennifer S. (Anonymous) res — (Proceeding No. 1) Matter of Melissa S. (Anonymous). Administration for Children’s Services, ap; Jennifer S. (Anonymous) res — (Proceeding No. 2) (Docket Nos. N-11490-03, N-11491-03) — Appeal by the petitioner from an order of the Family Court, Kings County, dated February 26, 2003. Pursuant to �670.4(a) of the Rules of this court (22 NYCRR 670.8[4][a]), it is ORDERED that the appeal in the above-entitled proceedings 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: 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 shall not be dismissed. By Feuerstein, J.P.; Smith, Krausman and Cozier, JJ. Matter of Torres, ap, v. Administration for Children’s Services, res — (Docket No. A-09495/00) — Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute the appeal from an order of the Family Court, Queens County, dated May 30, 2001, and for leave to prosecute the appeal as a poor person. 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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further, ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family 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: Mona G. Freeman, Esq. 34-05 44th Street – #6G Long Island City, New York 11101 (718) 937-1656 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. FEUERSTEIN, J.P., SMITH, KRAUSMAN and COZIER, JJ., concur. Ogilvie aps, v. McDonalds Corporation res — Motion by the appellants for leave to reargue appeals from two orders of the Supreme Court, Kings County, dated February 15, 2002, and February 19, 2002, respectively, which were determined by decision and order of this court dated December 9, 2002, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied, with $100 costs. ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur. By Smith, J.P.; McGinity, Crane and Cozier, JJ. People, etc., res, v. Michael Branch, ap — Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered January 22, 2002. The appellant’s motion to dispense with printing and for assignment of counsel was granted on April 4, 2002, and the following named attorney was assigned as counsel to prosecute the appeal: Robert C. Mitchell, Esq. Legal Aid Society of Suffolk Co. – 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, 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: Arza Rayches Feldman, Esq. 300 Rabro Drive Hauppauge, New York 11788 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, 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 (22 NYCRR 670.1, et seq.) and written directions. SMITH, J.P., McGINITY, CRANE and COZIER, JJ., concur. By Smith, J.P.; McGinity, Crane and Cozier, JJ. People, etc., res, v. Julio E. Calvo, ap — Motion by the appellant on an appeal from a judgment of the County Court, Nassau County, rendered October 29, 2002, to continue a stay of execution of the judgment pending hearing and determination of the appeal to this court. 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 stay of execution of the judgment granted by decision and order of the County Court, Nassau County, dated October 29, 2002, is continued pending hearing and determination of the appeal, on the same bail conditions set forth in that decision and order, and on the further condition that the appeal is perfected on or before March 28, 2003; and it is further, ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before March 28, 2003; and it is further, ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court for execution of sentence. SMITH, J.P., McGINITY, CRANE and COZIER, JJ., concur. By Florio, J. People, etc., plf, v. Derek Perkins, def — Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated Auguast 1, 2002, which has been referred to me for determination. Upon the papers filed in support of the application and the papers filed in opposition thereto, it is ORDERED that the application is denied. By Ritter, J.P.; Santucci, Feuerstein and Schmidt, JJ. People, etc., res, v. DaShaun Reed, ap — Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered February 17, 1998, and cross application by appellant pro se to hold the appeal in abeyance pending the hearing and determination of his motion to vacate his conviction pursuant to CPL 440.10. 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 and the cross application are denied; and it is further, ORDERED that on the court’s own motion, the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until May 6, 2003. RITTER, J.P., SANTUCCI, FEUERSTEIN and SCHMIDT, JJ., concur. By Florio, J. People, etc., plf, v. Fernando Rodriguez, def — Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 9, 2002, which has been referred to me for determination. Upon the papers filed in support of the application and the papers filed in opposition thereto, it is ORDERED that the application is denied. By Ritter, J.P.; Altman, Miller and Townes, JJ. Rivera, res, v. TRW Title Insurance of New York, Inc., ap def — Motion by the appellant, inter alia, to enlarge the time to serve and file a supplemental appendix on an appeal from an order of the Supreme Court, Nassau County, entered January 8, 2002. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the branch of the motion which is to enlarge the time to serve and file a supplemental appendix is granted; and it is further, ORDERED that the appellant’s time to serve and file a supplemental appendix is enlarged until March 21, 2003, and the supplemental appendix must be served and filed on or before that date; and it is further, ORDERED that the motion is otherwise denied; and it is further, ORDERED that on the court’s own motion, the respondent’s time to serve and file a brief is enlarged until April 21, 2003, and the respondent’s brief must be served and filed on or before that date. RITTER, J.P., ALTMAN, S. MILLER and TOWNES, JJ., concur. By Ritter, J.P.; Santucci, Feuerstein and Schmidt, JJ. Rodriguez plf-res, v. Suffolk County def-res, Reckson Operating Partnership, LP, def third-party plf-res; Aqua Cool Enterprises, Inc., third-party def-ap — Motion by the defendant third-party plaintiff-respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 28, 2002, on the ground that the record is incomplete. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. RITTER, J.P., SANTUCCI, FEUERSTEIN and SCHMIDT, JJ., concur. Salama, ap, v. Grauer res — 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, Rockland County, entered August 9, 2002. ORDERED that the application is granted and the appellant’s time to perfect the appeal is enlarged until May 5, 2003, and the record or appendix on the appeal and the appellant’s brief must be served and filed on or before that date. Tun, res, v. Rocky Aw, ap — Application by the appellant 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, Richmond County, dated October 10, 2002, and November 18, 2002, respectively. ORDERED that the motion is granted and the appellant’s time to serve and file a reply brief is enlarged until March 12, 2003, and the reply brief must be served and filed on or before that date.

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