MATTER of Feby Torres, ap, v. Lance Stephenson, res — Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated January 4, 2018.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been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.MATTER of Laura C. Prego, res, v. Stanley M. Tecza, ap — Appeal by Stanley M. Tecza from an order of the Family Court, Queens County, dated October 17, 2017.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 is enlarged and the appellant’s brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.By Roman, J.P.; Cohen, Miller and Maltese, JJ.PEOPLE, etc., res, v. Sean McTerrell, ap — Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 25, 2015, and to be furnished with copies of the typewritten transcripts of the proceedings, if any.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 District Attorney shall file the transcripts of the proceedings, if any, and the Clerk of this Court shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further,ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.Upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the supplemental brief filed.ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Balkin, J.P.; Austin, Roman and Sgroi, JJ.MATTER of Zoltan Sabel, etc., deceased. Jacob Sabel, petitioner-res, Judith Kupferstein, objectant-ap — (File No. 209/15) — Motion by the objectant-appellant to enlarge the time to perfect an appeal from an order of the Surrogate’s Court, Rockland County, dated December 13, 2016. Cross motion by the petitioner-respondent to dismiss the appeal for failure to timely perfect.Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it isORDERED that the motion is denied; and it is further,ORDERED that the cross motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.MATTER of Spiritual A. A. M. (Anonymous). Westchester County Department of Social Services, petitioner-res, Luz A. (Anonymous), respondent- appellant; Miguel M. (Anonymous), nonparty-ap — Appeal by Luz A., and separate appeal by Miguel M., from an order of the Family Court, Westchester County, dated August 31, 2017. By decision and order on motion of this Court dated February 5, 2018, the following attorney was assigned as counsel for the nonparty-appellant on the appeals:Lisa F. Colin44 Church StreetWhite Plains, NY 10601914-771-7711By letter dated April 24, 2018, the assigned counsel has informed this Court that the nonparty-appellant wishes to proceed with his appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal by Miguel M. 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 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 transcripts have not been received, an affidavit or affirmation stating that the decision and order on motion of this Court dated February 5, 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 appeal by Miguel M.; 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 appeal by Miguel M. should or should not be dismissed.MATTER of Stephanie Dimas, res, v. Philippe C. Fanfan, ap — Appeals by Philippe C. Fanfan from three orders of the Family Court, Queens County, all dated January 17, 2018. By order on certification of this Court dated March 9, 2018, the following attorney was assigned as counsel for the appellant on the appeals:Tennille Tatum-Evans260 Convent Avenue, Suite 34New York, NY 10031347-645-6660By letter dated April 24, 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 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 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 transcripts have not been received, an affidavit or affirmation stating that the order on certification of this Court dated March 9, 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.MATTER of George Leon, res, v. Melissa Quinones, ap — V-28525-12, V-28526-12) — Appeal by Melissa Quinones from an order of the Family Court, Kings County, dated September 29, 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 May 25, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Matthew Keating, ap, v. Shek Cheung Hui res — Appeal by Matthew Keating from a verdict sheet of the Supreme Court, Westchester County, entered February 26, 2018.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a verdict sheet (see CPLR 5512(a); Rockman v. Brosnan, 280 AD2d 591).SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By of The State of New York, Second Judicial Department, Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Jim Jean-Pierre, ap, v. Clear Diagnostic Solutions, Inc. res — Appeals by Jim Jean-Pierre from unsigned transcripts of the Supreme Court, Queens County, dated February 5, 2018, February 8, 2018, and February 9, 2018, respectively.On the Court’s own motion, it isORDERED that the appeals are dismissed, without costs or disbursements, on the ground that no appeal lies from an unsigned transcript (see Ojeda v. Metropolitan Playhouse, Inc., 120 AD2d 717).SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Leventhal, J.P.; Austin, Duffy and Barros, JJ.MATTER of Zhuo Hong Zheng, res, v. Hsin Cheng, ap — Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Kings County, dated April 3, 2017 and July 12, 2017, as a poor person and for the assignment of counsel.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted; 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 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 child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that pursuant to Family Court Act §1120 the following named attorney is assigned as counsel to prosecute the appeals:Helene Bernstein44 Court Street, #905Brooklyn, NY 11201718-875-8705and 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken; 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 ; 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 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 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 this decision and order on motion 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 actions described in (1), (2), (3), or (4) above has beentaken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.LEVENTHAL, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.MATTER of Edmund T. Welch, pet-res, v. Rachel L. Taylor, respondent-res, Trevor T. (Anonymous), nonparty-ap — Appeal by Trevor T. from an order of the Family Court, Kings County, dated September 14, 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[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until May 30, 2018.MATTER of Justin A. G. M. (Anonymous). Edwin Gould Services for Children and Families, petitioner-respondent petitioner; Richard G. v. (Anonymous), res-res — Appeal by Richard G. V. from an order of the Family Court, Queens County, dated May 2, 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[d][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until May 24, 2018.By Leventhal, J.P.; Lasalle, Nelson and Christopher, JJ.Deneen Fricano res, v. Law Offices of Tisha Adams, LLC, et al., ap — Appeal from an order of the Supreme Court, Richmond County, dated January 19, 2017. By decision and order on motion of this Court dated June 22, 2017, as amended September 12, 2017, and December 11, 2017, the trial in the above-entitled action was stayed on condition that the appeal was perfected on or before January 10, 2018. The appeal has not been perfected.Now, on the Court’s own motion, it isORDERED that the stay of trial granted by the decision and order on motion of this Court dated June 22, 2017, as amended September 12, 2017, and December 11, 2017, is vacated forthwith.LEVENTHAL, J.P., LASALLE, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.MATTER of Nicole Fitzgerald, res, v. David Fitzgerald, ap — Appeal by David Fitzgerald from an order of the Family Court, Westchester County, dated March 8, 2018. By order on certification of this Court dated April 16, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Helene M. Greenberg45 Knollwood Road, Suite 502Elmsford, New York 10523914-347-1250By letter dated April 25, 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 transcript has not been received, an affidavit or affirmation stating that the order on certification of this Court dated April 16, 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.By Dillon, J.P.; Leventhal, Miller and Duffy, JJ.PEOPLE, etc., res, v. Wenky Innocent, ap — Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered March 17, 2017, 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 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:Laurette D. MulryLegal Aid Society of Suffolk County – Appeals Bureau300 Center DriveP.O. Box 1697Riverhead, New York 11901-3398and 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.DILLON, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.MATTER of Michael Burrell, Sr., respondent v. Heather West Burrell, ap — V-8085-08/16Q, V-8086-08/16M) — Appeals by Heather West Burrell from two orders of the Family Court, Suffolk County, both dated February 2, 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 May 18, 2018.By Scheinkman, P.J.; Chambers, Duffy and Lasalle, JJ.MATTER of Daniel Peura, ap, v. Sharon Peura, res — Motion by the appellant to recall and vacate a decision and order on motion of this Court dated January 29, 2018, which dismissed an appeal from an order of the Family Court, Westchester County, dated November 18, 2016, and to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.SCHEINKMAN, P.J., CHAMBERS, DUFFY and LASALLE, JJ., concur.By Scheinkman, P.J.; Chambers, Duffy and Lasalle, JJ.Antoinette Gravagna, res, v. Joseph Gravagna, ap — Appeals by Joseph Gravagna from two orders of the Supreme Court, Rockland County (IDV Part), both dated January 16, 2018. By order to show cause dated March 9, 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 action on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeals is granted, and the appeals are dismissed, without costs or disbursements (see CPLR 5701).SCHEINKMAN, P.J., CHAMBERS, DUFFY and LASALLE, JJ., concur.By Scheinkman, P.J.; Chambers, Duffy and Lasalle, JJ.MATTER of Susan R. Gavin, ap, v. Lawrence J. Worner, res — Appeal by Susan R. Gavin from an order of the Family Court, Orange County, dated November 30, 2017. By order to show cause dated March 8, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a dated January 26, 2018, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal is denied; 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 an affidavit or affirmation stating that the transcript has been received and indicating the date that it was received, or, 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; and it is further,ORDERED that if the appellant fails to file the affidavit or affirmation within 30 days after the date of this decision and order on motion, as set forth above, the Court will dismiss the appeal, without further notice.SCHEINKMAN, P.J., CHAMBERS, DUFFY and LASALLE, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Joel S. (Anonymous), res, v. Heidi S. L-S. (Anonymous), ap — Appeal by Heidi S. L-S. from an order of the Family Court, Rockland County, dated April 26, 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 May 23, 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 Mastro, J.P.; Balkin, Hinds-Radix and Iannacci, JJ.MATTER of Z. C. Halo, ap, v. Orange and Rockland Utilities, Inc., res — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Rockland County, dated November 30, 2017, as untimely taken.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.MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.By Mastro, J.P.; Balkin, Hinds-Radix and Iannacci, JJ.Kenna Lucien, ap, v. Bobs Discounty Furniture, LLC res, et al; defendant (and a third-party action). — Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, dated March 23, 2017, for failure to timely perfect. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied; and it is further,ORDERED that the application is granted, the appellant’s time to perfect the appeal is enlarged until May 31, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.By Scheinkman, P.J.MATTER of James Thomas, res, v. Angela D. Randolph, ap — V-22582-09/17I) — Appeal by Angela D. Randolph from an order of the Family Court, Suffolk County, dated March 13, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Louis L. Steinberg, dated April 26, 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:Arza R. Feldman626 RXR PlazaWest Tower, 6th FloorUniondale, NY 11556516-522-2828and 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 May 15, 2018, shall notify the Case Manager assigned to the appeal, in writing, that she 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 she 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 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 appellant’s 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.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Victoria Yankovoy, ap, v. Brian M. Finn, res — Appeal by Victoria Yankovoy from an order of the Family Court, Orange County, dated May 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 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 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 Roman, J.P.; Cohen, Miller and Maltese, JJ.Kerry Kennedy, res, v. Marshall Hubsher, etc., ap, et al., def — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated December 8, 2016, as a poor person and to waive the motion filing fee. Separate motion by the appellant pro se to enlarge the time to perfect the appeal and to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant’s appendix.Upon the papers filed in support of the motions and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is to waive the motion filing fee is denied as unnecessary (see CPLR 8022[b]); and it is further,ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied; and it is further,ORDERED that the motion to enlarge the time to perfect the appeal and to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant’s appendix is granted, and the appellant’s appendix and the appellant’s brief submitted to the Clerk of the Court are accepted for filing and deemed timely served; and it is further,ORDERED that on the Court’s own motion, the respondent’s time to serve and file a brief is enlarged until May 31, 2018, and the respondent’s brief, if any, shall be served and filed on or before that date.ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Roman, J.P.; Cohen, Miller and Maltese, JJ.MATTER of Robert Majors, ap, v. Queens County District Attorneys Office, res — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, dated December 22, 2016, as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and the papers filed in opposition in thereto, it isORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted and 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 a brief on the appeal is enlarged until July 2, 2018.ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Mastro, J.P.; Balkin, Hinds-Radix and Iannacci, JJ.Deryck Harewood, ap, v. Zip Car def, Isaac Beyomin Marks, res — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated August 15, 2017, as a poor person and to enlarge the time to perfect the appeal.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 branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 branches of the motion which are to waive payment of the filing fee and for free transcripts are denied; and it is further,ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted and 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 a brief on the appeal is enlarged until July 2, 2018.MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.By Roman, J.P.; Cohen, Miller and Maltese, JJ.Marie Louis, ap, v. County of Nassau res — Motion by Matera Law Firm for leave to withdraw as counsel for the appellant on an appeal from an order of the Supreme Court, Nassau County, entered October 5, 2017.Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it isORDERED that the motion is granted, and on or before May 15, 2018, Matera Law Firm shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon her of a copy of this decision and order on motion; and it is further,ORDERED that on the Court’s own motion, the appellant’s time to perfect the appeal is enlarged until July 16, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Roman, J.P.; Cohen, Miller and Maltese, JJ.Greystone Staffing, Inc., ap, v. Green Key, LLC, etc. res — Separate motions by the respondent Green Key, LLC, the respondents Wendy Warner and Jessa Niemeyer, and the respondent Elaine Mendonez Kawas, to strike Point III and related references to Point III in the table of contents, questions presented, and conclusion of the appellant’s brief on an appeal from an order of the Supreme Court, Nassau County, entered April 10, 2017, and to enlarge their time to serve and file their respective briefs.Upon the papers filed in support of the motions and the papers filed in opposition thereto, it isORDERED that the branches of the motions which are to strike Point III and related references to Point III in the table of contents, questions presented, and conclusion of the appellant’s brief are denied; and it is further,ORDERED that the branches of the motions which are to enlarge the respondents’ time to serve and file their respective briefs are granted, the respondents’ time to serve and file their respective briefs is enlarged until May 31, 2018, and the respondents’ briefs shall be served and filed on or before that date.ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Roman, J.P.; Cohen, Miller and Maltese, JJ.MATTER of Vernisa Depass, ap, v. Stuart J. Mitchell III, etc. res — Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, dated November 16, 2016, for waiver of the filing fee, 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 branch of the motion which is to enlarge the time to perfect the appeal is granted, and the 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 a brief on the appeal is enlarged until June 15, 2018; and it is further,ORDERED that no further enlargement of time shall be granted; and it is further,ORDERED that the motion is otherwise denied.ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Roman, J.P.; Cohen, Miller and Maltese, JJ.HSBC Bank USA, National Association, etc., res, v. Barri Gordon, etc., appellant def — Motion by the appellant, inter alia, in effect, to consolidate appeals from two orders of the Supreme Court, Nassau County, entered September 27, 2016, and October 3, 2016, respectively, with appeals from an order of the same court entered July 19, 2017, and a judgment of the same court entered September 11, 2017, to deem the record and briefs filed in connection with the appeals from the orders entered September 27, 2016, and October 3, 2016, to be filed in connection with the appeals from the order entered July 19, 2017, and the judgment, and for leave to serve and file a supplemental record containing the order entered July 19, 2017, the judgment, and the notices of appeal from the order entered July 19, 2017, and the judgment.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 to the extent that the appeals from the orders entered September 27, 2016, and October 3, 2016, are consolidated with the appeal from the judgment, the record and briefs filed in connection with appeals from the orders entered September 27, 2016, and October 3, 2016, are deemed to be filed in connection with the appeals from the judgment, on or before May 31, 2018, the appellant shall serve and file a supplemental record containing the judgment and the notice of appeal from the judgment, and the motion is otherwise denied.ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.By Scheinkman, P.J.; Chambers, Duffy and Lasalle, JJ.PEOPLE, res, v. Yona Weinberg, ap — 2012-02482People of State of New York, respondent,v Yona Weinberg, appellant.Appeals by Yona Weinberg from an order of the Supreme Court, Kings County, dated November 19, 2009, and the transcript of the proceedings which occurred before the Supreme Court, Kings County, in the above-entitled matter on February 8, 2012. By order to show cause dated February 20, 2018, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing both appeals for failure to timely perfect in accordance with the rules of this Court and dismissing the appeal from the transcript on the ground that no appeal lies from an unsigned transcript.Now, upon the order to show cause and no papers having been filed in response thereto, it isORDERED that the motion to dismiss the appeals is granted to the extent that the appeal from the transcript is dismissed, without costs or disbursements, on the ground that no appeal lies from an unsigned transcript (see Ojeda v. Metropolitan Playhouse, Inc., 120 AD2d 717), and the appeal from the order is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]), and the motion is otherwise denied as academic.SCHEINKMAN, P.J., CHAMBERS, DUFFY and LASALLE, JJ., concur.By Mastro, J.P.; Balkin, Hinds-Radix and Iannacci, JJ.MATTER of Regan U. Lally, ap, v. Richard E. Aebly, res — 2017-07150Richard E. Aebly, respondent,v Regan Lally, appellant.(Index Nos. 202114/08) Richard E. Aebly, respondent,v Regan Lally, appellant.(Index Nos. 202114/08) Motion by the appellant on an appeal from an unsigned transcript of the Supreme Court, Nassau County, dated February 2, 2017, which was dismissed by decision and order on motion of this Court dated January 19, 2018, and appeals from an order of the Family Court, Nassau County, dated March 22, 2017, and an order of the Supreme Court, Nassau County, dated April 14, 2017, in effect, to reinstate the appeal from the unsigned transcript and for leave to renew and reargue her prior motion, inter alia, to consolidate the appeals and for poor person relief, which was determined by decision and order on motion of this Court dated January 19, 2018, and to enlarge the time to perfect the appeals.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 branch of the motion which is to enlarge the time to perfect the appeals from the orders is granted and the time to perfect those appeals is enlarged until May 31, 2018; and it is further,ORDERED that no further enlargement of time shall be granted with respect to the appeal from the order dated March 22, 2017; and it is furtherORDERED that the motion is otherwise denied.MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.By Scheinkman, P.J.; Rivera, Chambers and Lasalle, JJ.Santo Lopez, res, v. Cristobalina Arroyo, ap — Motion by the appellant, inter alia, to stay certain proceedings in the Civil Court of the City of New York, Kings County, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 19, 2018, 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 motion is denied.SCHEINKMAN, P.J., RIVERA, CHAMBERS and LASALLE, JJ., concur.By Scheinkman, P.J.; Rivera, Chambers and Lasalle, JJ.Shawn Gaston, res, v. East Ramapo Central School District, 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, Rockland County, dated November 28, 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 denied.SCHEINKMAN, P.J., RIVERA, CHAMBERS and LASALLE, JJ., concur.By Scheinkman, P.J.; Rivera, Chambers and Lasalle, JJ.Sam Puglisi plf-res, v. Eric Embro, def-res, Medical Gases, Inc. 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, Suffolk County, dated June 26, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.SCHEINKMAN, P.J., RIVERA, CHAMBERS and LASALLE, JJ., concur.By Scheinkman, P.J.; Rivera, Chambers and Lasalle, JJ.Jonathan Landow, ap, v. Bronte SPV, LLC res, et al., def — 2018-03681, 2018-03682MATTER of Bronte SPV, LLC, petitioner-respondent, v. Bourke, Flanagan & Asato, P.C.,respondent, Jonathan Landow, appellant.(Index No. 601591/17) Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, both dated March 28, 2018, and a judgment of the same court also dated March 28, 2018, to stay enforcement of the judgment, pending hearing and determination of the appeals, and to consolidate the appeals.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 from the order under Appellate Division Docket No. 2018-03681 and the appeal from the judgment are dismissed, without costs or disbursements, on the ground that no appeal lies from an order or a judgment entered upon the default of the appealing party (see CPLR 5511); and it is further,ORDERED that the branch of the motion which is to stay enforcement of the judgment is denied; and it is further,ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic.SCHEINKMAN, P.J., RIVERA, CHAMBERS and LASALLE, JJ., concur.Minico Insurance Agency, LLC, etc., res, v. New Diamond Construction, Inc., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 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 Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Catalino Rodriguez, etc. ap, Withdraw Appeal on Stipulation v. 227 East 19th Street Owner, LLC defendants third-party plf-res, Jovin Demo, Inc. def-res, et al., defendants; Mirabella Construction Company, third-party def-res — Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 23, 2016.Upon the stipulation of the attorneys for the respective parties to the appeal dated April 25, 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 Mastro, J.P.; Balkin, Hinds-Radix and Iannacci, JJ.PEOPLE, etc., res, v. Michael Dixon, ap — Motion by the appellant’s assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered February 1, 2017, in effect, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that on the Court’s own motion, the appellant is directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before May 31, 2018; and it is further,ORDERED that the motion by assigned counsel to be relieved 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 appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).MASTRO, J.P., BALKIN, HINDS-RADIX and IANNACCI, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. James Jacobs, ap — On the Court’s own motion, it isORDERED that the decision and order on application of this Court dated March 19, 2018, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:Appeal by James Jacobs from a judgment of the Supreme Court, Nassau County, rendered February 13, 2018. By order dated February 13, 2018 the Supreme Court, Nassau County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief.Now, upon the order dated February 13, 2018, it isORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Richard M. Langone600 Old Country Road, Suite 328Garden City, NY 11530and 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 application 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 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 application upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Rivera, Chambers and Lasalle, JJ.Luz Rueda, ap, v. Elmhurst Woodside, LLC respondents def — Motion by the respondents to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, dated December 8, 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 granted, the respondents’ time to serve and file a brief is enlarged until May 11, 2018, and the respondents’ brief shall be served and filed on or before that date.SCHEINKMAN, P.J., RIVERA, CHAMBERS and LASALLE, JJ., concur.By Scheinkman, P.J.; Rivera, Chambers and Lasalle, JJ.Eugene Griffith, ap, v. Atkins Glenmore Realty, LLC , res — Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated January 22, 2018, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Application by the respondent, in effect, to strike the record as inadequate.Upon the papers filed in support of the motion and the papers filed in opposition thereto, and 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 motion is granted; and it is further,ORDERED that the application is denied without prejudice to making a motion for the relief sought.SCHEINKMAN, P.J., RIVERA, CHAMBERS and LASALLE, JJ., concur.Deutsche Bank Trust Company America, etc., res, v. Gabriel Marous, ap, et al., def — Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated January 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, the respondent’s time to serve and file a brief is enlarged, and the respondent’s brief is accepted for filing and deemed timely served.
