By Rivera, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.MATTER of Guadalupe Vidal Martinez, pet-res, v. Everado Isrrael Martinez, res — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated March 15, 2018, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:Appeals from two orders of the Family Court, Queens County, both dated November 15, 2017. By order to show cause dated January 29, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding on the ground that Edwin A. Gonzalez, identified as the appellant on the notice of appeal, was not aggrieved by the orders dated November 15, 2017.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that on the Court’s own motion, the notice of appeal is deemed to have been filed by Everado Isrrael Martinez, as the proper party appellant (see CPLR 2001; Matter of Tagliaferri v. Weiler, 1 NY3d 605); and it is further,ORDERED that the motion to dismiss the appeals is denied; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), the appeals 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 decision and order on motion; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, 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 appeals; 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this Court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or(5) an affidavit or an affirmation withdrawing the appeals; and it is further,ORDERED that if none of the actions described in (1), (2), (3), (4), or (5) above has been taken within 30 days of the date of this decision and order on motion, the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.RIVERA, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.By Rivera, J.P.; Dillon, Duffy and Iannacci, JJ.MATTER of State of New York, petitioner- res, v. Anthony B. (Anonymous), res-res — Appeal from an order of the Supreme Court, Queens County, dated March 1, 2016. By decision and order on motion dated August 9, 2017, this Court granted the petitioner-respondent’s motion for an order remitting this matter to the Supreme Court, Queens County, for the purpose of conducting a Frye hearing (see Frye v. United States, 293 F. 1013), and to hold the appeal in abeyance pending the conclusion of the Frye hearing. Upon remittitur, the Supreme Court, Queens County, issued a report dated March 12, 2018, in which it stated that it was bound to follow the determination of this Court in Matter of State of New York v. Richard S. (__ AD3d __; 2018 NY Slip Op 01072), that even if it conducted a Frye hearing in connection with the appeal in the above-entitled matter and found that the diagnosis of “Other Specified Paraphilic Disorder (Non-Consent)” had achieved general acceptance in the psychiatric and psychological communities, such determination “would be of no moment to the issues raised on the appeal,” and that it would await any further instructions from this Court as to whether to conduct a Frye hearing.Now, on the Court’s own motion, and upon the report of the Supreme Court, Queens County, dated March 12, 2018, it isORDERED that the matter is again remitted to the Supreme Court, Queens County, for the purpose of conducting a Frye hearing on the question of whether, under the particular circumstances of this case, the diagnosis of “Other Specified Paraphilic Disorder (Non-Consent)” has achieved general acceptance in the psychiatric and psychological communities so as to make expert testimony on that diagnosis admissible and for a report thereafter; the Supreme Court, Queens County, shall conduct such hearing and file its report to this Court with all convenient speed; and it is further,RIVERA, J.P., DILLON, DUFFY and IANNACCI, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Nariya C. F. W. (Anonymous). Administration for Children’s Services, petitioner- res, Nyeisha W. (Anonymous), respondent- res — (Proceeding No. 1)MATTER of NaZeer C. W. (Anonymous). Administration for Children’s Services, petitioner- res, Nyeisha W. (Anonymous), respondent- res — (Proceeding No. 2) — 2017-08744MATTER of Nariya C. F. W. (Anonymous). Administration for Children’s Services, petitioner- res, Nyeisha W. (Anonymous), respondent- res — (Proceeding No. 1)MATTER of NaZeer C. W. (Anonymous). Administration for Children’s Services, petitioner- res, Nyeisha W. (Anonymous), respondent- res — (Proceeding No. 2) — 2017-08751(Docket Nos. B-20125-14, B-6428-16) Appeals by Nariya C. F. W. and Na’Zeer C. W. from two orders of the Family Court, Queens County, dated August 9, 2017, and August 10, 2017, respectively. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of James Gavin, dated March 26, 2018, it isORDERED that pursuant to Family Court Act §1120, the following named attorney is assigned as the attorney for the child Nariya C. F. W. on the appeals:Richard J. Cardinale26 Court Street, Suite 1815Brooklyn, NY 11242718-624-9391and it is further,ORDERED that James Gavin is directed to turn over all papers in the proceeding to the new attorney for the child herein assigned.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Rene S. (Anonymous), ap — Appeal by Rene S. from an order of the Family Court, Suffolk County, dated July 28, 2017. Pursuant to §670.4(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[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until April 30, 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 Innocence A. M.-F. (Anonymous). Coalition for Hispanic Family Services, petitioner- res, Khadijah N. M-F. (Anonymous), res-res — Appeal by Innocence A. M.-F. (Anonymous) from an order of the Family Court, Kings County, dated March 19, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of William Xu, dated March 20, 2018, it isORDERED that the appellant is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to prosecute the appeal:Jeffrey C. Bluth175 West 12th Street, Apt. #9JNew York, NY 10011347-792-4542and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the Court, and on or before April 13, 2018, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either(1) the appellant is interested in prosecuting the appeal, or(2) the appellant is not interested in prosecuting the appeal, or that he has been unable to contact the appellant, and wishes to be relieved of the assignment; 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 attorney for the child, 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 attorney for the child, 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 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 upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Donovan Devon Guy, res, v. Melonie Frances Weichel, ap — Appeals by Melonie Frances Weichel from two orders of the Supreme Court, Kings County (IDV Part), both dated December 14, 2017. By order on certification of this court dated March 19, 2018, the following attorney was assigned as counsel for the appellant on the appeals:Jill M. Zuccardy225 Broadway, Suite 1515New York, NY 10007917-309-2763By letter dated March 22, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeals. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeals 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 Supreme Court (IDV Part), 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 Supreme Court (IDV Part) proceeding to be transcribed for the appeals; 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 transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated March 19, 2018, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeals; 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 appeals to show cause why the appeals should or should not be dismissed.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Marina Veen, res, v. Nikolai Golovanoff, ap — (Proceeding No. 1)MATTER of Nikolai Golovanoff, ap, v. Marina Veen, res — (Proceeding No. 2) Docket Nos. V-27764-17/17A, V-27765-17/17A — Appeals by Nikolai Golovanoff from two orders of the Family Court, Kings County, dated February 20, 2018 and February 21, 2018, respectively. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Steven C. Bernstein, dated March 22, 2018, it isORDERED that the appellant is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals:Catherine S. Bridge1110 South Avenue, Suite 402Staten Island, New York 10314718-448-9600and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the Court, and on or before April 13, 2018, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either(1) the appellant is interested in prosecuting the appeals, or(2) the appellant is not interested in prosecuting the appeals, or that she has been unable to contact the appellant, and wishes to be relieved of the assignment;and it is further,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 attorney for the children, 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 attorney for the children, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any 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 upon a determination that the appellant is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Kathleen M. Dennis, ap, v. Marjorie Davis-Schloemer, et al., res — Appeal by Kathleen M. Dennis from an order of the Family Court, Orange County, dated October 3, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on March 19, 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 order, the briefs for the respondents and the attorney for the child in the above-entitled appeal shall be served and filed.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Annalise L. (Anonymous). Administration for Childrens Services, petitioner-res, Jalise P. (Anonymous), res-res — Appeals by Jalise P. from two orders of the Family Court, Queens County, dated January 3, 2018, and January 23, 2018, respectively. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Nick Bonham, dated February 21, 2018, it isORDERED that the appellant is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals:Nicole Barnum225 Broadway, Suite 2605New York, New York 10007212-371-7241and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by the Court, and on or before April 13, 2018, shall notify the Case Manager assigned to the appeals, in writing, that she has done so and that either(1) the appellant is interested in prosecuting the appeals, or(2) the appellant is not interested in prosecuting the appeals, or that she has been unable to contact the appellant, and wishes to be relieved of the assignment;and it is further,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 attorney for the child, 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 attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any 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 upon a determination that the appellant is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Alesya Mikhailovna Ignatieva, res, v. Corey J. Sullivan, ap — Appeal by Corey J. Sullivan from an order of the Family Court, Kings County, dated February 7, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Leslie N. Spitz, dated March 18, 2018, it isORDERED that the respondent is granted leave to proceed as a poor person on the appeal, and the following named attorney is assigned as counsel to respond to the appeal:Steven P. Forbes155-03 Jamaica AvenueJamaica, New York 11432718-791-8444and it is further,ORDERED that assigned counsel shall promptly attempt to contact the respondent at the address provided by the Court, and shall notify the Case Manager assigned to the appeal on or April 30, 2018, in writing, that he has done so and that either(1) the respondent is interested in responding to the appeal, or(2) the respondent is not interested in responding to the appeal, or that he has been unable to contact the respondent, and wishes to be relieved of the assignment.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Phoenix (Anonymous), ap — Joseph K. (Anonymous) petitioners- appellants; Suffolk County Department of Social Services, res-res — Appeal by Phoenix, and separate appeal by Joseph K. and Donna K., from an order of the Family Court, Suffolk County, dated August 22, 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 Phoenix to perfect his 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 is enlarged until April 26, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Karla Alonso, res, v. Sharod Perdue, ap — Appeal by Sharod Perdue from an order of the Family Court, Queens County, dated March 3, 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 27, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.MATTER of Maximus G. (Anonymous), ap — Appeal by Maximus G. from an order of the Family Court, Kings County, dated April 6, 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 30, 2018.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 petitioner-respondent 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 Chloe W. (Anonymous). Administration for Childrens Services, petitioner-res, Tara W. (Anonymous), res-res — Appeal by Tara W. from an order of the Family Court, Queens County, dated August 10, 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 and the attorney for the child to serve and file their respective briefs on the appeal is enlarged until April 30, 2018.George Thomas, res, v. Michael Messemer ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 28, 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.Monica Padilla, res, v. William Chung, et al., ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 12, 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.Deutsche Bank National Trust Company, etc., ap, v. Norma Garcia respondents def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 30, 2015.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.Rodrigo A. Fernandez plaintiffs- res, v. Angel Polacios def-res, Genesis Reyes, Inc., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens 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.Rafael Montolio, res, v. Michael Taveras, Jr. ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 17, 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.Bank of America, res, v. Shahana Islam, appellant def — Application by the appellant to withdraw appeals from two orders of the Supreme Court, Queens County, both dated September 9, 2016.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.Elizabeth Picciano, res-ap, v. John Picciano, appellant-res — Applications by the appellant-respondent and respondent-appellant to withdraw an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 25, 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 applications are granted and the appeal and cross appeal are marked withdrawn.By Scheinkman, P.C., Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Logan R. (Anonymous). Administration for Childrens Services, petitioner- res, Manuel R. (Anonymous), respondent- ap — (Proceeding No. 1)MATTER of Adam E. R. (Anonymous). Administration for Childrens Services, petitioner- res, Manuel R. (Anonymous), respondent- ap — (Proceeding No. 2) — Appeals by Manuel R. from two orders of the Family Court, Queens County, dated July 11, 2017, and January 22, 2018, respectively. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Adewole Abgayewa dated March 14, 2018, it isORDERED that the appellant is granted leave to proceed as a poor person on the appeals, and the following named attorney is assigned as counsel to prosecute the appeals:David Laniado411 Westminster RoadCedarhurst, New York 11516516-599-8999and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant at the address provided by this Court, and on or before April 30, 2018, shall notify the Case Manager assigned to the appeals, in writing, that he has done so and that either(1) the appellant is interested in prosecuting the appeals, or(2) the appellant is not interested in prosecuting the appeals, or that he has been unable to contact the appellant, and wishes to be relieved of the assignment;and it is further,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 attorney for the children, 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 assigned 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 attorney for the children, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any 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 upon a determination that the appellant is interested in proceeding with the appeals, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Frantz Mervil, ap, v. Ruth Exhume, res — Appeal by Frantz Mervil from an order of the Family Court, Nassau County, dated August 22, 2017. Pursuant to §670.4(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[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until May 2, 2018.By Miller, J.PEOPLE, etc., plf, v. James Drummond, 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 16, 2017, 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 isORDERED that the application is denied.By Chambers, J.P.; Austin, Miller and Maltese, JJ.HSBC Bank USA, N.A., etc., res, v. Todd Ruffalo, appellant def — Motion by the appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated March 16, 2017.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 appellant’s time to perfect the appeal is enlarged until May 29, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.CHAMBERS, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.By Chambers, J.P.; Austin, Miller and Maltese, JJ.610 Maple, LLC, plf-res, v. Ena Gaillard def, Samy Gaillard, defendant-appellant; Sherryann Gaillard, nonparty-appellant; Julie Clarke, nonparty-res — Motion by the defendant-appellant and the nonparty-appellant to stay enforcement of an order of the Supreme Court, Kings County, dated January 2, 2018, and to stay their eviction from 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.CHAMBERS, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.By Chambers, J.P.; Austin, Miller and Maltese, JJ.Elaine Garguilo, res, v. Steven Monterosso ap, et al., def — Motion by the appellants on an appeal from an order of the Supreme Court, Richmond County, dated March 2, 2017, inter alia, to fix an undertaking pursuant to CPLR 5519(a)(6).Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.CHAMBERS, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.By Chambers, J.P.; Austin, Miller and Maltese, JJ.Mortgage Electronic Registration Systems, Inc., plf, v. Jeffrey Miller def — Motion by Jeffrey Miller for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated March 6, 2018, and, inter alia, to vacate the sale of the subject premises.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 dismissed for failure to provide proof of service of the motion in accordance with the terms of the order to show cause.CHAMBERS, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.By Chambers, J.P.; Austin, Miller and Maltese, JJ.HSBC Bank USA, NA, etc., res, v. David Bermudez appellants def — Motion by the appellants on appeals from two orders of the Supreme Court, Nassau County, entered August 2, 2016, and August 9, 2016, respectively, to stay the sale of the subject premises, and to stay enforcement of a judgment of the same court entered August 2, 2017, pending hearing and determination of appeals from the orders.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 parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the judgment entered August 2, 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 23, 2018, or, if the appellant be so advised, by making a motion, on or before April 23, 2018, pursuant to CPLR 5520(c) to deem the notice of appeal from the orders to be a premature notice of appeal from the judgment to the extent that the judgment brings up for review the orders, to deem the record and the parties’ briefs filed in connection with the appeals from the orders 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 motion is held in abeyance in the interim; 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 appeals by regular mail.CHAMBERS, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.Robert Troccoli, res, v. Laura Troccoli, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 17, 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.Ahmad Kaza, plf-res, v. Coca-Cola Bottling Company of New York def-res, Palumbo Contracting Corp., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 29, 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 Austin, J.P.; Cohen, Miller and Maltese, JJ.Timothy Fulton, res, v. John Kelly def, Michael Cholowsky, ap — Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered September 11, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.AUSTIN, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Dillon, J.P.; Sgroi, Miller and Brathwaite Nelson, JJ.Calvin Sennon, res, v. 200 Park, L.P. ap, et al., def — Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 3, 2016.Upon the stipulation of the attorneys for the respective parties to the appeal dated March 16, 2018, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.Harry Penny, plf-res, v. County of Suffolk defendants- res, Section XI, Inc. ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 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 marked withdrawn.Kusum Mehta ap, v. Antoine Joseph, res — Appeal from an order of the Supreme Court, Kings County, dated July 6, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated March 26, 2018, it isORDERED that the appeal is marked withdrawn.Esmeralda Duprat res, v. BMW Financial Services NA, LLC, et al., ap — Application by the appellants to withdraw appeals from two orders of the Supreme Court, Kings County, dated January 17, 2017 and September 28, 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.Barbara Heslin res, v. Cardinali Bakery of Carle Place, etc. ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 4, 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.Shurlene Sears, plf-res, v. Lavie Realty, LLC, defendants-res, Optical Communications Group, Inc., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 14, 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 Chambers, J.P.; Cohen, Miller and Maltese, JJ.Anonymous 2017-1, res, v. Anonymous 2017-2, ap — Motion by Anonymous 2017-2 for leave to appeal to this Court from an order of the Supreme Court, Nassau County, entered March 8, 2018, and, inter alia, to direct the Supreme Court, Nassau County, to commence a certain hearing in the above-entitled action.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,ORDERED that on the Court’s own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,ORDERED that the motion is otherwise denied as academic.CHAMBERS, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Chambers, J.P.; Austin, Miller and Maltese, JJ.Deutsche Bank National Trust Company, etc., plf, v. Lawrence De Mir, def — Motion by Lawrence De Mir for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated March 2, 2018, and to stay the sale of the subject premises, pending hearing and determination of the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,ORDERED that the motion is otherwise denied as academic.CHAMBERS, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.By Chambers, J.P.; Austin, Miller and Maltese, JJ.MATTER of Delmar Moore, ap, v. Charity Abban, res — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated December 11, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and no papers filed in opposition or relation thereto, it isORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see Family Ct Act §1116), and 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 attorney for the children, 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 branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,ORDERED that pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), 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 decision and order on motion; and it is further,ORDERED that within 30 days after the date of this decision and order on motion, 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 proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered 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 above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this decision and order on motion, 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.CHAMBERS, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.By Rivera, J.P.; Cohen, Maltese and Brathwaite Nelson, JJ.MATTER of Azriel Madmoni, ap, v. Odelia Madmoni, res — Motion by the appellant pro se on an appeal from an order of the Family Court, Queens County, dated June 26, 2017, for leave to reargue the appellant’s prior motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, which was determinated by decision and order on motion of this Court dated November 13, 2017.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 pursuant to §670.4 of the rules of this court (22 NYCRR 670.4[a]), within 30 days after the date of this decision and order on motion, 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 proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered 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 above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this decision and order on motion, 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.RIVERA, J.P., COHEN, MALTESE and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Nissim Kassab, respondent- ap, v. Avraham Kasab, appellant-res, et al., res — Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and a cross appeal from an order of the Supreme Court, Queens County, entered August 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-respondent’s time to perfect the appeal is enlarged until April 13, 2018, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that the respondent-appellant’s time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c]3]) is enlarged until June 12, 2018, and the respondent-appellant’s brief shall be served and filed on or before that date.ORDERED that the appellant-respondent’s time to serve a reply brief is enlarged until August 13, 2018, and the appellant-respondent’s reply brief shall be served and filed on or before that date.ORDERED that the respondent-appellant’s time to serve a reply brief is enlarged until September 4, 2018, and the respondent-appellant’s reply 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.Galina Gergel, res, v. CVS Pharmacy, Inc., defendant third-party plaintiff; 100 Queens Blvd. Co., LLC, third-party def-ap — On the Court’s own motion, it isORDERED that the order on application of this Court dated March 21, 2018, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:Application by the third-party defendant-appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 14, 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
