By Dillon, J.P.; Chambers, Maltese and Barros, JJ.MATTER of Anthony Carter, pet-res, v. Dutchess County Department of Community and Family Services, appellant res — 2018-02372Matter of Meeya P. (Anonymous).Dutchess County Department of Community andFamily Services, petitioner-appellant;Anthony C. (Anonymous), respondent-respondent.(Docket No. N-5901-16) Motion by the Dutchess County Department of Community and Family Services to stay enforcement of two orders of the Family Court, Dutchess County, dated February 23, 2018, and February 28, 2018, respectively, to the extent those orders direct the return of the subject child to the father’s care and custody and to continue the remand of the subject child to its care and custody, pending hearing and determination of appeals from the orders.Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it isORDERED that the motion is granted, and enforcement of the orders dated February 23, 2018, and February 28, 2018, is stayed to the extent those orders direct the return of the subject child to the father’s care and custody and the remand of the subject child to the care and custody of the Dutchess County Department of Community and Family Services is continued pending hearing and determination of the appeals.DILLON, J.P., CHAMBERS, MALTESE and BARROS, JJ., concur.MATTER of Anthony Carter, petitioner- res, v. Dutchess County Department of Community and Family Services, ap, et al., res — Appeal by Dutchess County Department of Community and Family Services from an order of the Family Court, Dutchess County, dated February 28, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED 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, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.Matter of Meeya P. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-appellant; Anthony C. (Anonymous), respondent- res — Appeal by Dutchess County Department of Community and Family Services from an order of the Family Court, Dutchess County, dated February 23, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the respondent-appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the respondent-appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.Jeanette Sternberg-Kennedy, res, v. Douglas Kennedy, ap — Appeal by Douglas Kennedy from a judgment of the Supreme Court, Kings County (IDV Part), dated September 15, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the appellant to serve and file a reply brief is enlarged until April 13, 2018.MATTER of Destinee L. M. L. (Anonymous). Heartshare St. Vincents Services, petitioner- res, Marlene O. (Anonymous), res-res — (Proceeding No. 1)MATTER of Ezekiel J. L. (Anonymous). Heartshare St. Vincents Services, petitioner- res, Marlene O. (Anonymous), res-res — (Proceeding No. 2)MATTER of Jessiah L. (Anonymous). Heartshare St. Vincents Services, petitioner- res, Marlene O. (Anonymous), res-res — (Proceeding No. 3)MATTER of Angel J. L. (Anonymous). Heartshare St. Vincents Services, petitioner- res, Marlene O. (Anonymous), res-res — (Proceeding No. 4) B-250-16) — Appeal by Marlene O. from an order of the Family Court, Richmond County, dated December 2, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the petitioner-respondent to serve and file a brief on the appeal is enlarged until May 7, 2018.MATTER of Suffolk County Department of Social Services, etc., ap, v. Dominick Ciervo, res — Appeal by Suffolk County Department of Social Services, on behalf of Donna Bermas, from an order of the Family Court, Suffolk County, dated June 30, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the child to serve and file a brief on the appeal is enlarged until April 23, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Marash Gjelaj, res, v. Anisa Gjelaj, ap — Appeal by Anisa Gjelaj from an order of the Family Court, Westchester County, dated October 31, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the child to serve and file a brief on the appeal is enlarged until April 26, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Malachi M. (Anonymous). Administration for Childrens Services, petitioner-res, Mark M. (Anonymous), res-res — (Proceeding No. 1)MATTER of Malique R. (Anonymous). Administration for Childrens Services, petitioner-res, Mark M. (Anonymous), res-res — (Proceeding No. 2) — Appeal by Mark M. from an order of the Family Court, Kings County, dated May 18, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the children to serve and file a brief on the appeal is enlarged until April 26, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Elizabeth Grill, res, v. Christian Genitrini, ap — Appeal by Christian Genitrini from an order of the Family Court, Westchester County, dated January 18, 2018. By decision and order on certification of this Court dated March 12, 2018, the following attorney was assigned as counsel for the appellant on the appeal:John F. DeChiaro2001 Palmer Avenue, Suite 204Larchmont, NY 10538914-834-4400By letter dated March 23, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED 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, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcripts has not been received, an affidavit or affirmation stating that the order on certification of this Court dated March 12, 2018, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,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 , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Marnelle Deronette, ap, v. Rosiny Deronette, res — Appeal by Marnelle Deronette from an order of the Family Court, Nassau County, dated December 15, 2017. By decision and order on certification of this Court dated February 23, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Ralph Carrieri200 Old Country Road, Suite 620Mineola, NY 11501516-248-1188By letter dated March 20, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal 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, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcripts has not been received, an affidavit or affirmation stating that the order on certification of this Court dated February 23, 2018, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,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 , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Marissa Brooks, res, v. Joseph Brooks, ap — Appeals by Joseph Brooks from two orders of the Family Court, Suffolk County, both dated August 8, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on March 23, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the respondent’s brief shall be served and filed within 30 days of the date of this .MATTER of Georgia Barker, appellant- res, v. John T. Rohack, respondent- ap — V-1796-16/16A, V-1797-16/16A, V-2094-16/16A, V-2095-16/16A, V-2096-16/16A) — Appeal by Georgia Barker and cross appeal by John Rohack from an order of the Family Court, Rockland County, dated October 11, 2017. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant Georgia Barker’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[a][2]) and by serving and filing the appellant’s brief is enlarged until May 11, 2018.MATTER of Shanell L. Curtis, ap, v. Tysheem C. Alexander, res — Appeal by Shanell L. Curtis from an order of the Family Court, Kings County, dated October 16, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeal is enlarged until April 25, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Marash Gjelaj, res, v. Anisa Gjelaj, ap — Appeal by Anisa Gjelaj from an order of the Family Court, Westchester County, dated October 31, 2016. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent to serve and file a brief on the appeal is enlarged until April 26, 2018; and it is furtherORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Leslie T. (Anonymous), Jr. Suffolk County Department of Social Services, petitioner-res, Naomi S. (Anonymous), res, Unkechaug Indian Nation, nonparty- appellant; Leslie T. (Anonymous), Sr., nonparty- res — (Proceeding No. 1)MATTER of Kylen K. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Naomi S. (Anonymous), res, Unkechaug Indian Nation, nonparty- appellant; Leslie T. (Anonymous), Sr., nonparty- res — (Proceeding No. 2) — Appeal by Unkechaug Indian Nation from an order of the Family Court, Suffolk County, dated September 21, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the petitioner-respondent to serve and file a brief on the appeal is enlarged until April 26, 2018.MATTER of Kenneth Goode, ap, v. Jessica Sandoval, res — Appeal by Kenneth Goode from an order of the Family Court, Westchester County, dated January 11, 2018. By decision and order on certification of this Court dated February 23, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Marc Greenberg45 Knollwood Road, Suite 502Elmsford, NY 10523914-347-1250By letter dated March 23, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal 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, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcripts has not been received, an affidavit or affirmation stating that the order on certification of this Court dated February 23, 2018, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,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 , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Nassau County Department of Social Services, etc., res, v. David L. Simmons, ap — Appeal by David L. Simmons from an order of the Family Court, Nassau County, dated March 20, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on March 23, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the respondent’s brief shall be served and filed within 30 days of the date of this .Dave Shostack, ap, v. Cory Lewkowitz, et al., res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated April 6, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, the appellant’s time to perfect the appeal is enlarged, and the record or appendix on the appeal and the appellant’s brief submitted to the Clerk of the Court are accepted for filing and deemed timely served.MATTER of Malgorzata Lengiewicz, res, v. Bogdan Lengiewicz, ap — Appeal by Bogdan Lengiewicz from an order of the Family Court, Suffolk County, dated September 11, 2017. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED 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[a][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until May 4, 2018.Joan Klingsberg, ap, v. Council of School Supervisors and Administrators-Local 1, et al., res — 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, Queens County, entered February 3, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, the appellant’s time to serve and file a reply brief is enlarged, and the reply brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Public Administrator of Kings County, etc., res, v. Bedford Realty Group, LLC, ap — Application by the appellant, on an appeal from an order of the Supreme Court, Kings County, entered August 25, 2015, in effect, to substitute the Public Administrator of Kings County, as administrator of the estate of Evelyn Walker, for the deceased respondent Evelyn Walker, and to amend the caption accordingly.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, the Public Administrator of Kings County, as administrator of the estate of Evelyn Walker, is substituted for the deceased respondent Evelyn Walker, and the caption is amended accordingly; and it is further,ORDERED that on the Court’s own motion, the appellant’s time to perfect the appeal is enlarged until May 30, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Wilson Lojano res, v. Soiefer Bros. Realty Corp. ap — Appeals from an order of the Supreme Court, Queens County, dated February 27, 2017.On the Court’s own motion, it isORDERED that the appellants’ time to perfect the appeals is enlarged until May 30, 2018, and the joint record or appendix on the appeals and the appellants’ respective briefs shall be served and filed on or before that date.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Eryk Ford, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered November 22, 2016, 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 isORDERED 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 appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion 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 appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and 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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Joseph Ackwood, ap — Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered June 6, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth (1) whether the appellant was represented by assigned counsel or retained counsel in the trial court and, if retained, the amount and source of counsel fees paid to retained counsel, and (2) whether the appellant was on bail before conviction, and, if so, the amount and source of the bail money, and if bail was the appellant’s own money, what happened to the same after conviction.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Andrew Esposito, ap — Motion by Andrew Esposito pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Richmond County, rendered June 7, 2017.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the moving papers are deemed to constitute a timely notice of appeal.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Daniel Costume, ap — (S.C.I. No. 9933/17) — Motion by the appellant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered December 19, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appellant’s moving papers are deemed to constitute a timely notice of 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 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 on motion 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 appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; 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:Seymour W. James, Jr.The Legal Aid Society199 Water StreetNew York, New York 10038and 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 or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.PEOPLE, res, v. Ray Ross, ap — Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from an order of the Supreme Court, Nassau County, dated January 9, 2018, and for the assignment of new counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law 168-n (3), his status as a poor person 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 of any hearing held in connection with the order dated October 5, 2017, 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 branch of the motion which is to assign counsel is granted and pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute theappeal:Thomas R. Villecco366 North Broadway, Suite 4102Jericho, New York 11753and it is further,ORDERED that upon service of a copy of this decision and order on motion 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 or considered by the trial court in connection with the appellant’s risk level determination, including the recommendation sheet and any prior reports on the appellant 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 (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 1102[d]); and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.MATTER of Tameka A. Brodie, ap, v. Ricardo A. Sepulveda, res — Appeal by Tameka A. Brodie from an order of the Family Court, Queens County, dated May 11, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the appellant to serve and file a reply brief is enlarged until April 3, 2018.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.Wells Fargo Bank, res, v. Dale Davids, appellant def — Motion by the appellant, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered December 12, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.Dana Lee, etc., res, v. Gloria Allen ap — Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated January 18, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Nashaun Hunter, ap — Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered November 11, 2016, and for the assignment of new counsel. The appellant’s motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on January 31, 2018, and the following named attorney was assigned as counsel to prosecute the appeal:Clif Bennette25 Christopher RoadMt Kisco, NY 10549Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it isORDERED 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 R. Feldman626 RXR PlazaWest Tower, 6th FloorUniondale, NY 11556and it is further,ORDERED that upon service of a copy of this decision and order on motion 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 to provide additional copies to this Court upon demand; 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.Amanda Nieves, res, v. Pennsylvania, LLC, appellant (and a third-party action). — Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 13, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.Wells Fargo Bank, NA, res, v. Moshe Atedgi, ap — Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, entered February 22, 2016, and to stay the sale of the subject premises pending hearing and determination of an appeal from the order.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied; and it is further,ORDERED that on the Court’s own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order entered February 22, 2016, on the ground that the right of direct appeal from the order terminated upon entry of a judgment in the above-entitled action on December 19, 2017 (see Matter of Aho, 39 NY2d 241), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before April 19, 2018, or, if the appellant be so advised, by making a motion, on or before April 19, 2018, pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the order, to deem the record and the parties’ briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment; and it is further,ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the parties to the appeal by regular mail.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Leventhal, Austin and Christopher, JJ.Citimortgage, Inc., etc., res, v. Harry Akhavan appellants def — Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 24, 2015.Upon the stipulation of the attorneys for the respective parties to the appeal dated March 20, 2018, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.RIVERA, J.P., LEVENTHAL, AUSTIN and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.834 Pacific Street Owner, LLC, ap, v. St. Josephs Roman Catholic Church of Brooklyn, res — Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 1, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated March 20, 2018, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of State of New York, res, v. Bobby W. (Anonymous), ap — Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 8, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated March 22, 2018, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Khalil Noghreh, res, v. Equinox Great Neck, Inc. ap — Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 22, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Galbel Feliz res, v. Citnalta Construction Corp., appellant-res, STV Construction, Inc. respondents- ap — Application by the appellant-respondent for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 27, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Patricia Z. (Anonymous), res, v. Daniel Z. (Anonymous), ap — Application by the appellant to withdraw appeals from two orders of the Supreme Court, Nassau County, dated September 21, 2017 and September 6, 2017, respectively.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeals are marked withdrawn.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.MATTER of Eileen Guercio, res, v. William F. Edwards, ap — Motion by the appellant to stay a certain sale of assets pending hearing and determination of an appeal from an order of the Family Court, Richmond County, dated January 29, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that on the Court’s own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from an order of a support magistrate before objections have been reviewed by a judge of the Family Court (see Family Ct Act §439[e]) and no appeal lies from a nondispositional order in a proceeding pursuant to Family Court Act article 4 (see Family Ct Act §1112); and it is further,ORDERED that the motion is denied as academic.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Domenico Sartori, plf-res, v. Park & Shop Inc. defendants- res, Peter C. Miller Food Corporation, appellant def — Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 3, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated February 7, 2018, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Michael Daley, res, v. Metropolitan Transportation Authority ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 13, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Richard Statler, res, v. Anthony Dioguardi, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 31, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Strong Real Estate, LLC, plf-ap, v. 55 Town Line, LLC res, Robert Weigel, def-ap — Application by the plaintiff-appellant on appeals from an order of the Supreme Court, Suffolk County, dated May 9, 2017, for leave to withdraw its appeal insofar as taken against Planning Board of the Town of East Hampton.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal by the plaintiff-appellant insofar as taken against Planning Board of the Town of East Hampton is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.MATTER of Frosso Demetriou, deceased. Helen Aliano, petitioner-appellant; James Demetriou respondents- res — (File No. 359448) — Motion by the appellant to stay enforcement of an order of the Surrogate’s Court, Nassau County, dated February 13, 2018, pending hearing and determination of an appeal therefrom.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that on the Court’s own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,ORDERED that the motion is denied as academic.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.Jung Han, res, v. Dragonetti Landscaping ap — Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 4, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.Deidre S. Venables res, v. Maria E. Rovegno, ap — Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated July 25, 2017, pending hearing and determination of an appeal therefrom.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.Federal National Mortgage Association, res, v. Tania v. Palmer, ap, et al., def — Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Kings County, dated January 18, 2018, pending hearing and determination of an appeal therefrom.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Leventhal, J.P.; Sgroi, Lasalle and Brathwaite Nelson, JJ.Angelo Lopez, etc. res, v. City of New York ap, et al., def — Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 17, 2016.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied.LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.By Dillon, J.PEOPLE, etc., res, v. Nancy Enoksen, ap — Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Nassau County, rendered March 20, 2018, and to release the appellant on her own recognizance or to set bail.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.By Chambers, J.P.; Roman, Barros and Christopher, JJ.U.S. Bank National Association, etc., res, v. Joseph Singer appellants def — On the Court’s own motion, it isORDERED that the order to show cause of this Court dated March 28, 2018, in the above-entitled matter, on an appeal from an order of the Supreme Court, Kings County, dated September 21, 2016, is amended by deleting from the third decretal paragraph thereof the date “April 6, 2018,” and substituting therefor the date “April 23, 2018″.CHAMBERS, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Cohen, Duffy and Connolly, JJ.MATTER of Lindenwood Cut Rate Liquors, Ltd., ap, v. New York State Liquor Authority, res — Motion by the respondent, in effect, to recalendar oral argument of an appeal from a judgment of the Supreme Court, Queens County, dated March 1, 2017, and to enlarge the time to serve and file a brief.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the respondent’s time to serve and file a brief is enlarged until April 3, 2018, and the respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that the appellant shall serve and file a reply brief, if any, on or before April 6, 2018; and it is further,ORDERED that the appeal will be placed on the calendar for argument or submission on April 18, 2018, at a time to be specified by the Court.CHAMBERS, J.P., COHEN, DUFFY and CONNOLLY, JJ., concur.MATTER of Kaiden M. L. (Anonymous).Westchester County Department of Social Services, petitioner-respondent; K’Daya R. (Anonymous), respondent-appellant.(Docket No. B-2764-14/15A) Appeal by K’Daya R. from an order of the Family Court, Westchester County, dated January 10, 2018. The appellant’s brief was filed in the office of the Clerk of this Court on March 21, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this , the briefs for the respondent and the attorney for the child in the above-entitled appeal shall be served and filed.The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
