Appellate DivisionSecond DepartmentMotion List released on:March 16, 2018By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Jamar Ferguson, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 19, 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Chambers, J.P.; Austin, Sgroi and Duffy, JJ.PEOPLE, etc., res, v. Benjamin Ayala, ap — Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated January 23, 2007 (People v. Ayala, 36 AD3d 827), affirming a judgment of the Supreme Court, Kings County, rendered January 11, 2005.Upon the papers filed in support of the application and the papers filed in opposition and in relation thereto, it isORDERED that on the Court’s own motion, the appellant is granted leave to serve and file a brief on the issue of whether the counts charging him with burglary in the first degree were multiplicitous; and it is further,ORDERED that pursuant to County Law §722, the following named attorney is assigned as counsel to prosecute the application:Mark DiamondBox 287356Yorkville Station, New York 10128and it is further,ORDERED that assigned counsel shall file the brief expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.), and written directions; and it is further,ORDERED that the application is held in abeyance in the interim.CHAMBERS, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.By Rivera, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.US Bank National Association, etc., res, v. Annmarie Rode, etc., appellant def — Motion by the appellant to stay the sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, dated February 26, 2015, and September 15, 2015, respectively. By order to show cause dated January 12, 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 on the ground that the right of direct appeal from the orders terminated upon entry of a judgment of the Supreme Court, Nassau County, in the above-entitled action on September 8, 2017, and the appellant’s motion was held in abeyance in the interim. Motion by the appellant 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, to limit the issues raised on the appeal from the judgment to the issues raised in the briefs filed in connection with the appeals from the orders, and for leave to serve and file a supplemental record containing the judgment entered September 8, 2017.Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion to stay the sale of the subject premises and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, pursuant to CPLR 5520(c) and no papers having been filed in opposition or in relation thereto, it isORDERED that the appellant’s motion, inter alia, pursuant to CPLR 5520(c) is granted, the notice of appeal from the orders dated February 26, 2015, and September 15, 2015, respectively, is deemed to be a premature notice of appeal from the judgment entered September 8, 2017, to the extent that the judgment brings up for review the orders, the appeal from the judgment will be prosecuted under Appellate Division Docket No. 2016-02175 and not under Appellate Division Docket No. 2016-02176, the record and the parties’ briefs filed in connection with the appeals from the orders are deemed to be filed in connection with the appeal from the judgment, the issues raised on the appeal from the judgment are limited to the issues raised in the briefs filed in connection with the appeals from the orders, and on or before April 9, 2018, the appellant shall serve and file a supplemental record containing the judgment entered September 8, 2017; and it is further,ORDERED that the motion to dismiss the appeals is denied; and it is further,ORDERED that the appellant’s motion to stay the sale of the subject premises is granted and the foreclosure sale of the subject premises, located at 1097 Rosegold Street, Franklin Square, NY 11010, is stayed pending determination of the appeal.RIVERA, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.MATTER of Michele L. Dedrick, etc., ap, v. Derrick Cussano, res — (Proceeding No. 1)MATTER of Derrick Cussano, res, v. Michele L. Dedrick, etc., ap — (Proceeding No. 2) V-6086-15/16C, V-6087-15/15C, V-6086-15/17D, V-6087-15/17D, V-6086-15/15B, V-6087-15/15B) — Appeal by Michele L. Dedrick, formerly known as Michele L. Cussano, from an order of the Family Court, Dutchess County, dated June 29, 2017. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[a][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until April 12, 2018.MATTER of Nadia Lanakaye Brewster, res, v. Shaun C. Davidson, ap — Appeal by Shaun C. Davidson from an order of the Family Court, Nassau County, dated January 18, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal 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 appeal; 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 , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Andrea Alicea, res, v. Alberto Fernandez, ap — Appeal by Alberto Fernandez from an order of the Family Court, Queens County, dated January 18, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Martha C. Morales, pet-res, v. Jose Goicochea, Jr., respondent-res, Charlize G. (Anonymous) nonparty-ap — Appeal by Charlize G. and Danniel G. from an order of the Family Court, Queens County, dated January 25, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the nonparty-appellants of the transcripts of the minutes of the proceedings in the Family Court, and the nonparty-appellants 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 nonparty-appellants shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Jung Jun, ap, v. Aaron Franks, res-res, et al., res — Appeal by Jung Jun from an order of the Family Court, Queens County, dated February 8, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal 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 appeal; 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 , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Paul Patscot, Jr., ap, v. Anna Fisco, res — Appeal by Paul Patscot, Jr., from an order of the Family Court, Suffolk County, dated August 21, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on March 9, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the respondent’s brief shall be served and filed within 30 days of the date of this .MATTER of Hope Prince, res, v. Robert Prince, ap — Appeal by Robert Prince from an order of the Family Court, Nassau County, dated October 23, 2017. By dated December 14, 2017, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the :(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there were such minutes, an affidavit or affirmation stating that the transcript was received, and indicating the date that it was received; or(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or(4) an affidavit or an affirmation withdrawing the appeal.The appellant has failed to comply with the . Pursuant to §670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]), it isORDERED that the parties are 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 the dated December 14, 2017, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before April 6, 2008; 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 by regular mail.MATTER of Stefanie F. (Anonymous), respondent v. Leon H. (Anonymous), ap — Appeal by Leon H. from an order of the Family Court, Richmond County, dated July 25, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on March 9, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this , the briefs for the respondent and the attorney for the children in the above-entitled appeal shall be served and filed.MATTER of T. N. (Anonymous). Rockland County Department of Social Services, pet-res — Alec N. (Anonymous), res-res — Appeals by Alec N. from three orders of the Family Court, Rockland County, dated June 14, 2017, December 15, 2017 and January 31, 2018, respectively. The appellant’s brief was filed in the office of the Clerk of this Court on March 9, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this , the briefs for the respondent and the attorney for the child in the above-entitled appeals shall be served and filed.MATTER of Blake A. M. (Anonymous). SCO Family of Services, petitioner- res, Marisa L. (Anonymous), etc., respondent-appellant res — (Proceeding No. 1)MATTER of Brittny A. M. (Anonymous). SCO Family of Services, petitioner- res, Marisa L. (Anonymous), etc., respondent-appellant res — (Proceeding No. 2) — Appeals by Marisa M. from two orders of the Family Court, Queens County, both dated September 8, 2017. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the respondent-appellant’s time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[a][2]) and by serving and filing the respondent-appellant’s brief on the appeals is enlarged until April 12, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Delores L. Bea, res, v. Jamal E. Winslow, ap — Appeals by Jamal E. Winslow from two orders of the Family Court, Kings County, dated October 4, 2016, and November 7, 2016, respectively. 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 appeals is enlarged until April 9, 2018; and it is furtherORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Eric White, plf-res, v. New York City Transit Authority def-res, Tony A. Worrell, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 12, 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.Jacqueline v. Robinson, etc., res, v. Good Samaritan Hospital ap, et al., def — Application by the appellant Narendra Singh to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 30, 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 by the appellant Narendra Singh is marked withdrawn.238-240 North Fifth, LLC, ap, v. Zafon Hamsa, Inc. res, et al., def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 11, 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 Balkin, J.P.; Austin, Sgroi and Iannacci, JJ.R. G., etc., res, v. Central Islip Union Free School District ap, et al., def — Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 12, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated March 8, 2018, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.BALKIN, J.P., AUSTIN, SGROI and IANNACCI, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Diane Ruggerio, etc., ap, v. Giovanni Ruggerio, res — Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 5, 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 appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Paul Goldfeder, res, v. Empress Ambulance Service, Inc., etc. ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 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.Wells Fargo Bank, National Association, etc., res, v. Tony Province, ap, et al., def — Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 6, 2016.Upon the stipulation of the attorneys for the respective parties to the appeal dated March 9, 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.Edward McReady, etc. res, v. Stephen L. Pirog ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated April 21, 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.MATTER of Bernadette E. Johnson, ap, v. Andrew L. Rivers, res — Appeal by Bernadette E. Johnson from an order of the Family Court, Queens County, dated May 15, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the 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 16, 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 Alexandra Detore, res, v. Brian Detore, ap — Appeals by Brian Detore from two orders of the Family Court, Suffolk County, dated October 6, 2017, and November 27, 2017, respectively. 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 appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until April 11, 2018.MATTER of Ramal M. (Anonymous), Jr. Cardinal Mccloskey Services, petitioner- res, Ramal M. (Anonymous), res-res — Appeal by Ramal M. from an order of the Family Court, Queens County, dated January 18, 2018. By order on certification of this Court dated February 28, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Carol Lipton800 Greenwood Avenue, #3LBrooklyn, NY 11218718-436-5359By letter dated March 12, 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 February 28, 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 Austin, J.P.; Roman, Sgroi and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Jose L. Cruzlanza, a/k/a Jose Cruz-Lanza, ap — Appeal by Jose L. Cruzlanza, a/k/a Jose Cruz-Lanza, from a judgment of the Supreme Court, Orange County, rendered February 23. By order to show cause dated November 29, 2017, the appellant was 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 had abandoned the appeal.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.AUSTIN, J.P., ROMAN, SGROI and BRATHWAITE NELSON, JJ., concur.By Chambers, J.P.; Roman, Barros and Christopher, JJ.MATTER of Joy Moseley, res, v. Paul E. Stewart, ap — Appeal by Paul E. Stewart from an order of the Family Court, Kings County, dated November 16, 2016. The notice of appeal was dated December 2, 2016, the time to perfect the appeal was not enlarged, and the appellant has failed to perfect the appeal.On the Court’s own motion, it isORDERED that the parties are 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 timely perfect in accordance with the rules of the Court (see 22 NYCRR 670.4[a][2],[4], 670.8[e]), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before April 9, 2018; 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 by regular mail.CHAMBERS, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.MATTER of French-American School of New York, res, v. Thomas Roach, etc., et al., appellants-res, Gedney Association nonparty-respondents- ap — Application by the appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated January 20, 2016, to withdraw the appeal.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 Mastro, J.P.; Dillon, Maltese and Lasalle, JJ.PEOPLE, etc., res, v. Jairam C. Alisuarez, ap — Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered November 27, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel in the trial court, and (2) whether the appellant was on bail before conviction, and, if so, the amount and source of the bail money, and if bail was the appellant’s own money, what happened to the same after conviction.MASTRO, J.P., DILLON, MALTESE and LASALLE, JJ., concur.By Chambers, J.P.; Roman, Barros and Christopher, JJ.MATTER of Gary Moskowitz, res, v. Raquel Fereres-Moskowitz, ap — V-3102-16, V-5545-16, V-4933-16) — Appeal by Raquel Fereres-Moskowitz from an order of the Family Court, Queens County, dated November 2, 2017.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from a nondispositional order in proceedings pursuant to Family Court Act article 6, part 3 (see Family Ct Act §1112), and leave to appeal has not been granted.CHAMBERS, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.MATTER of French-American School of New York, res, v. Thomas Roach, etc., et al., ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 11, 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 appeal is marked withdrawn.By Chambers, J.P.; Roman, Barros and Christopher, JJ.MATTER of Adele Vessia, ap, v. Craig Berkhan, res — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated December 18, 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 opposition 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, 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 of 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 stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4), above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the 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., ROMAN, BARROS and CHRISTOPHER, JJ., concur.JPMorgan Chase Bank, National Association, res, v. Alisha Majarali ap, et al., def — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated April 21, 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.MATTER of Jacqueline Lewis, res, v. Boaz Bagbag, ap — Application by the appellant for leave to withdraw appeals from two orders of the Family Court, Kings County, both dated September 30, 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 deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Jose Lamas, appellant-res, v. East Coast Drilling, Inc. def, Pavarini McGovern, LLC res, All Safe, LLC, res-res — Application by the respondent-appellant on an appeal and cross appeal to withdraw the cross appeal ss appeal from an order of the Supreme Court, Westchester County, dated March 8, 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 cross appeal is marked withdrawn.By Chambers, J.P.; Roman, Barros and Christopher, JJ.PEOPLE, etc., res, v. Brian Freeman, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered November 15, 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:Thomas N. N. AngellPublic Defender22 Market StreetPoughkeepsie, NY 12601and 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.CHAMBERS, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Aryelle L. F. (Anonymous), etc., ap — Forestdale, Inc., petitioner-res, Esperanza F. F. (Anonymous), respondent- res — Appeal by Aryelle L. F., a/k/a Aryelle F., from an order of the Family Court, Queens County, dated May 31, 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 13, 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 Rivera, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.PEOPLE, etc., res, v. Deury Rosario, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered December 18, 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 opposition thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Gary Eisenberg10 Esquire Road, Suite 10New City, NY 10956and 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.RIVERA, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.By Mastro, J.P.; Dillon, Maltese and Lasalle, JJ.PEOPLE, etc., res, v. Avia Forrester, ap — (S.C.I. No. 302/16) — Motion by Avia Forrester pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Dutchess County, rendered March 9, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the moving papers are deemed to constitute a timely notice of appeal.MASTRO, J.P., DILLON, MALTESE and LASALLE, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Jaheem M. (Anonymous). Dutchess County Department of Community and Family Services, petitioner-res, Cymon M. (Anonymous), res-res — Appeal by Cymon M. from an order of the Family Court, Dutchess County, dated February 21, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Sofia Mastandrea, Esq., dated March 14, 2018, it isORDERED that the respondent-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:Kelley M. Enderley301 Manchester Road – Suite 203Poughkeepsie, NY 12603845-485-7530and it is further,ORDERED that assigned counsel shall promptly attempt to contact the respondent-appellant at the address provided by this Court, and on or before April 3, 2018, shall notify the Case Manager assigned to the appeal, in writing, that she has done so and that either(1) the respondent-appellant is interested in prosecuting the appeal, or(2) the respondent-appellant is not interested in prosecuting the appeal, or that she has been unable to contact the respondent-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 respondent-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 respondent-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 respondent-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 respondent-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 respondent-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 Amanda Cali, ap, v. Vincent Cali, res — Appeal by Amanda Cali from an order of the Family Court, Suffolk County, dated February 7, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Arielys D. (Anonymous), ap — Administration for Childrens Services, petitioner-res, Jose D. (Anonymous), et al., res-res — Proceeding No. 1)MATTER of Darielys D. (Anonymous), ap — Administration for Childrens Services, petitioner-res, Jose D. (Anonymous), et al., res-res — Proceeding No. 2)MATTER of Daddy D. (Anonymous), ap — Administration for Childrens Services, petitioner-res, Jose D. (Anonymous), et al., res-res — Proceeding No. 3) N-31215/17) — Appeal by Arielys D., Darielys D., and Daddy D. from an order of the Family Court, Kings County, dated February 13, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellants of the transcripts of the minutes of the proceedings in the Family Court, and the appellants 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 appellants shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Wilson Toro, ap, v. Tekoa Williams, res — Appeal by Wilson Toro from an order of the Family Court, Richmond County, dated January 29, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Andrew v. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Justyna Z.-V. (Anonymous), res-res — (Proceeding No. 1)MATTER of Anthony v. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Justyna Z.-V. (Anonymous), res-res — (Proceeding No. 2)MATTER of Thomas v. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Justyna Z.-V. (Anonymous), res-res — (Proceeding No. 3) — Appeal by Justyna Z.-V. from an order of the Family Court, Suffolk County, dated January 31, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal 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 appeal; 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 , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Erica Luna, etc., res, v. Daniel Rodriguez, ap — Appeal by Daniel Rodriguez from an order of the Family Court, Westchester County, dated January 31, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.MATTER of Piper S. (Anonymous). Westchester County Department of Social Services, petitioner-res, Victoria S. (Anonymous), res-ap, et al., res — Appeal by Victoria S. from an order of the Family Court, Westchester County, dated February 14, 2018. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the respondent-appellant of the transcripts of the minutes of the proceedings in the Family Court, and the respondent-appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the respondent-appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) if the respondent-appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this Court for leave to prosecute the appeal 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 respondent-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 appeal; 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 , 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 Mastro, J.P.; Dillon, Maltese and Lasalle, JJ.PEOPLE, etc., res, v. Pedro Delacruz, ap — Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered May 24, 2016, and for assignment of new counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is denied.MASTRO, J.P., DILLON, MALTESE and LASALLE, JJ., concur.MATTER of Alena Raymond, res, v. Kednel Raymond, ap — (Proceeding No. 1)MATTER of Kednel Raymond, ap, v. Alena Raymond, res — (Proceeding No. 2) V-24719-11/11A, V-24719-11/14B) — Appeals by Kednel Raymond from two orders of the Family Court, Kings County, both dated February 14, 2018. 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 proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the appellant shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the 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 , 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.Daniel Cafferata, ap, v. Gerilyn Cafferata, res — Appeals by Daniel Cafferata from an order of the Supreme Court, Richmond County, dated April 13, 2017, and a judgment of the same court dated July 26, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on March 12, 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 respondent and the attorney for the child in the above-entitled appeals shall be served and filed.By Dillon, J.P.; Miller, Barros and Christopher, JJ.MATTER of Jaylen R. B. (Anonymous). Catholic Guardian Services petitioners- res, Lisa G. (Anonymous), respondent-appellant res — (Proceeding No. 1)MATTER of Sarah M. B. (Anonymous). Catholic Guardian Services petitioners- res, Lisa G. (Anonymous), respondent-appellant res — (Proceeding No. 2) — Motion by the respondent-appellant to enlarge the time to perfect an appeal from an order of the Family Court, Kings County, entered December 19, 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 and the respondent-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 respondent-appellant’s brief on the appeal is enlarged until April 16, 2018; and it is furtherORDERED that no further enlargement of time shall be granted.DILLON, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.By Balkin, J.P.; Maltese, Barros and Connolly, JJ.Ivan Crosby, a minor under the age of fourteen years, by his legal guardian and parent, Glenna Crosby ap, v. Thierno H. Barry, res — Motion by the appellants for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, entered January 29, 2015, which was determined by decision and order of this Court dated November 8, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.BALKIN, J.P., MALTESE, BARROS and CONNOLLY, JJ., concur.By Chambers, J.P.; Roman, Barros and Christopher, JJ.MATTER of Christopher Edwards, res, v. Danielle Edwards, ap — (Proceeding No. 1)MATTER of Christopher L. Edwards, etc., res, v. Danielle E. Edwards, ap — (Proceeding No. 2) V-2189-08/16G, V-2190-08/16G, O-82-17) — Motion by the appellant to enlarge the record on an appeal from an order of the Family Court, Orange County, dated February 15, 2017, to include certain documents, to strike the brief filed by the respondent in response to the brief filed by the attorney for the children, and to accept the appellant’s reply brief for filing. Separate motion by the respondent to impose a sanction upon the appellant, for an award of an attorney’s fee, to disqualify the attorney for the children, and to stay all proceedings in the above-entitled matters, pending hearing and determination of the appeal.Upon the papers filed in support of the appellant’s motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the respondent’s motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is to enlarge the record is denied; and it is further,ORDERED that the branches of the motion which are to strike the brief filed by the respondent in response to the brief filed by the attorney for the children and to accept the appellant’s reply brief for filing are denied as unnecessary as the respondent’s brief which was in response to the brief filed by the attorney for the children was rejected for filing and the appellant’s reply brief was timely filed; and it is further,ORDERED that the respondent’s motion is denied.CHAMBERS, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Shawn Allen, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Richmond County, rendered September 1, 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Dijela Nikac, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered June 9, 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:Stacy Eves11 Clinton AvenueRockville Centre, New York 11570and 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. John Hayes, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered August 12, 2016, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in 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:Arza R. Feldman626 RXR PlazaWest Tower, 6th FloorUniondale, New York 11556and 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Roman, J.P.; Barros, Connolly and Christopher, JJ.MATTER of Sofia A. (Anonymous). Administration for Childrens Services, petitioner- appellant; Rubia A. (Anonymous), respondent- res — Motion by the attorney for the child to dismiss an appeal from an order of the Family Court, Queens County, dated October 2, 2017, on the ground that it has been rendered academic by an order of the same court dated February 9, 2018, and to vacate a stay granted by decision and order on motion of this Court dated November 2, 2017. Separate motion by the respondent-respondent to amend the decision and order on motion of this Court dated November 2, 2017.Upon the papers filed in support of the motion by the attorney for the child and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the respondent-respondent’s motion and the papers filed in relation thereto, it isORDERED that the motion by the attorney for the child is granted, the appeal is dismissed, without costs or disbursements, and the stay granted by decision and order on motion of this Court dated November 2, 2017, is vacated forthwith; and it is further,ORDERED that the respondent-respondent’s motion is denied.ROMAN, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Joshua Gourdine, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Richmond County, rendered November 13, 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Justyna Katarzyna-Valva, ap, v. Michael Gerard Valva, res — Appeal by Justyna Katarzyna-Valva from an order of the Family Court, Nassau County, dated July 18, 2017. By decision and order on motion of this Court dated January 25, 2018, the appellant was directed to file one of the following in the office of the Clerk of this Court, within 30 days after the date of the order:(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there were such minutes, an affidavit or affirmation stating that the transcript was received, and indicating the date that it was received; or(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof, and the date by which the transcript was expected; or(4) an affidavit or an affirmation withdrawing the appeal.The appellant has failed to comply with the decision and order on motion dated January 25, 2018. Pursuant to §670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]), it isORDERED that the parties are 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 the decision and order on motion dated January 25, 2018, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before April 10, 2018; 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 by regular mail.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Deutsche Bank National Trust Company Americas, etc., appellant-res, v. Jhon Bernal, res-ap, Option One Mortgage Corporation, res — Application by the respondent-appellant on appeals from two orders of the Supreme Court, Westchester County, dated May 5, 2017 and October 4, 2017, respectively, and a cross appeal from the order dated May 5, 2017, for leave to withdraw the cross appeal.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 cross appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Thomas B. Smith II, res, v. Keri Elizabeth McCarthy, ap — Appeal by Keri Elizabeth McCarthy from an order of the Family Court, Nassau County, dated July 24, 2017. By dated October 4, 2017, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the :(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there were such minutes, an affidavit or affirmation stating that the transcript was received, and indicating the date that it was received; or(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof, and the date by which the transcript was expected; or(4) an affidavit or an affirmation withdrawing the appeal.The appellant has failed to comply with the . Pursuant to §670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]), it isORDERED that the parties are 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 the dated October 4, 2017, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before April 10, 2018; 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 by regular mail.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Joseph Yarbough, ap — (S.C.I. No. 90161/17) — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Richmond County, rendered November 29, 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Maria Bencosme ap, v. Vladimir Poltortasky res — Appeal from an order of the Supreme Court, Nassau County, dated August 4, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated March 13, 2018, it isORDERED that the appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Felix LaSalle, ap — (S.C.I. No. 90019/13) — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Richmond County, rendered February 5, 2013, 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Sean T. Kelly, etc., plf-res, v. City of New York, def-res, Cruz Construction Corp., defendant third-party plaintiff; URS Consultants, Inc., third-party def-res, Kleinberg Electric, Inc., third-party def-ap — Application by the third-party defendant-appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 1, 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.PEOPLE, etc., res, v. Antwyne Lucas, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Richmond County, rendered December 7, 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Miraman Muawad, res, v. MDM Realty, LLC, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 19, 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.Alonzo Hodge res, v. Paul J. Richter ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 11, 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.PEOPLE, etc., res, v. Shirelle Meyers, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered November 28, 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:Neal D. Futerfas50 Main Street, Suite 1000White Plains, New York 10606and 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Kampta Mahadeo, ap, v. H & L Leasing, Inc. res — Appeal from an order of the Supreme Court, Queens County, dated December 22, 2016.Upon the stipulation of the attorneys for the respective parties to the appeal dated March 12, 2018, it isORDERED that the appeal is marked withdrawn.George Ross, res, v. Dialysis Clinic, Inc., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 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.Thomas Baldwin, Jr., plf-res, v. Sean Beyel Plumbing & Heating, Inc., defendant third-party plaintiff-res, East Coast Ventures, LLC, third-party def-res, Zurn Industries, Inc., third-party def-ap — Application by the third-party defendant-appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 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 Rivera, J.P.; Roman, Lasalle and Barros, JJ.Deborah Bush, ap, v. Stevenson Commons Associates, LLP, Esqs., defendant; State of New York, nonparty-res — (Claim No. 127704) — Motion by the appellant for leave to reargue an appeal from an order of the Court of Claims dated September 12, 2016 , which was determined by decision and order of this Court dated December 20, 2017, and to waive the motion filing fee.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 waive the motion filing fee is denied; and it is further,ORDERED that the motion is otherwise dismissed without prejudice to renew upon payment of the motion filing fee (see CPLR 8022).RIVERA, J.P., ROMAN, LASALLE and BARROS, JJ., concur.MATTER of Victor Bravo, ap, v. Hermelinda Sanchez, res — Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated September 11, 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.Patrick Nuzzolese, plf-res, v. Ferrara Fire Apparatus, Inc. defendants- res, Vocational Education and Extension Board of Nassau County appellants (and a third-party action). — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 20, 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 Rivera, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.PEOPLE, etc., res, v. Rahjon Morrow, ap — Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered October 18, 2016, and for leave to prosecute the appeal pro se. The appellant was granted poor person relief on February 27, 2017, and by decision and order on motion of this Court dated February 8, 2018, the following named attorney was assigned as counsel to prosecute the appeal:Leslie W. Rubin40 Woodbine CourtFloral Park, NY 11001Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted, and counsel assigned to prosecute the appeal is relieved of the assignment and is directed to deliver any transcripts of the proceedings in his possession and all papers on the appeal to the Clerk of this Court, who shall deliver same to the person in charge of the institution wherein the appellant is incarcerated for the appellant’s examination and use. The transcript shall be returned to this Court when the appellant files his appellate brief; and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; the appellant 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 at the time the appellant serves and files his brief he shall file a waiver of his right to appellate counsel in the form set forth below, acknowledged before a notary public:WAIVER OF RIGHT TO APPELLATE COUNSELI Rahjon Morrow, understand that I have the right to be represented by an attorney in prosecuting my appeal. If I cannot afford to retain counsel, one will be assigned to represent me at State expense. I understand that if I elect to waive my right to counsel and I am incarcerated at the time my appeal is heard, the Court will not permit me to present oral argument. Knowing these rights I voluntarily elect to waive them and to represent myself on the appeal. I have not been forced to waive my rights and I believe myself to be of sufficient intelligence and ability to properly protect my own interests without the assistance of a lawyer to, among of things, write an appellate brief.Rahjon MorrowState ofCounty ofOn the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared Rahjon Morrow, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same, and that by his signature on the instrument, the individual executed the instrument.Notary PublicRIVERA, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.Patrick Nuzzolese, plf-res, v. Ferrara Fire Apparatus, Inc. defendants- res, Vocational Education and Extension Board of Nassau County appellants (and a third-party action). — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 19, 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.PEOPLE, etc., res, v. Ricardo Ramirez, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County (IDV Part), rendered December 19, 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:John P. SavocaP.O. Box 531Yorktown Heights, New York 10598and 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.Moloko Bar, LLC, ap, v. Sonia Morales, res — Motion by the appellant to stay all proceedings in the above-entitled action and to enjoin the respondent or anyone acting on its behalf from interfering with the appellant’s possession of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 15, 2017.Upon the papers filed in support of the motion and the papers filed in opposition 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.SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.Wells Fargo Bank, NA, res, v. Aubrey Edwards, etc. def, Sharon Edwards, ap — Motion by the appellant to stay her eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated February 22, 2017, 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 on the Court’s own motion, the appeal is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order dated February 22, 2017, terminated upon entry of a judgment of the Supreme Court, Orange County, dated May 22, 2017 (see Matter of Aho, 39 NY2d 241); the issues raised on the appeal from the order may be brought up for review and raised on the appeal from the judgment; and it is further,ORDERED that the motion is denied as academic.SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Jamel Clarke, ap — Motion by the appellant pro se for leave to prosecute appeals from two judgments of the Supreme Court, Kings County, both rendered October 24, 2017, and 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 appeals 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 appeals:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals 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 appeals; 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 appeals are taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.Carlos Espinoza, ap, v. DFC Development Corp. res — 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, Nassau County, entered October 12, 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., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.Fern Gervasi res, v. Jackie Zorcik, 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, Suffolk County, dated September 5, 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., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.Keneson Lewis, res, v. Flushing Commons Property Owner, LLC ap — Motion by the appellants to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 28, 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., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Timothy Brister, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated November 1, 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Bernard Foy, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered November 1, 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Devon Stevens, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered November 1, 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Naquan Artis, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered November 20, 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Charlie Rodriguez, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered November 3, 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Fatima Brown, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 19, 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Brandon Mungin, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered November 24, 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Manuel Espinosa, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 25, 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Roger Williamson, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 26, 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Roger Williamson, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 26, 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Christopher Rivera, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 27, 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Leventhal, J.PEOPLE, etc., res, v. Rilind Duka, ap — Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Richmond County, rendered February 16, 2018, and to fix reasonable bail.Upon the papers filed in support of the motion, and upon hearing the attorneys for the respective parties, it isORDERED that the motion is denied.By Cohen, J.P.; Lasalle, Connolly and Brathwaite Nelson, JJ.Debra Scotto, plf, v. Mark Scotto defendants; 104-106 1st Place Corp., nonparty. — Motion by nonparty 104-106 1st Place Corp. for leave to appeal to this Court from an order to show cause of the Supreme Court, Kings County, dated February 16, 2018, and to stay enforcement of a temporary restraining order contained in the order to show cause, 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.COHEN, J.P., LASALLE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.By Mastro, J.P.; Cohen, Connolly and Brathwaite Nelson, JJ.MATTER of Shalar N. (Anonymous), ap — Motion by the respondent to enlarge the time to serve and file a brief on appeals from two orders of the Family Court, Kings County, dated November 2, 2016, and September 1, 2017, respectively.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 respondent’s time to serve and file a brief on the appeals is enlarged until March 23, 2018, and the respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.MASTRO, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.By Mastro, J.P.; Cohen, Connolly and Brathwaite Nelson, JJ.MATTER of Madelyn Cano, ap, v. Leroy Bussey, Jr., res — Motion by the appellant, inter alia, to stay all proceedings concerning custody and visitation with the subject child, pending hearing and determination of an appeal from an order of the Family Court, Westchester County, dated January 22, 2018.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted and all proceedings concerning custody and visitation with the subject child are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 16, 2018; and it is further,ORDERED that in the event the appeal is not perfected on or before April 16, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondent or the attorney for the child may move to vacate the stay, on three days notice; and it is further,ORDERED that the respondent and the attorney for the child shall serve and file their respective briefs, if any, on or before May 14, 2018; and it is further,ORDERED that the appellant shall serve and file a reply brief, if any, on or before May 29, 2018; and it is further,ORDERED that the motion is otherwise denied.MASTRO, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.Wayne R. Leitner res-ap, v. National Senior Insurance, Inc., etc., appellant-res, et al. res — Application by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated March 22, 2017, pursuant to 22 NYCRR 670.8(d)(2) for a 90-day enlargement of time to perfect the appeal. Separate application by the respondents-appellants for a 90-day enlargement of time to perfect the cross appeal.Upon the papers filed in support of the applications, no papers having been filed in opposition or in relation to the appellant-respondent’s application, and the papers filed in opposition to the respondents-appellants’ application, it isORDERED that the applications are granted to the extent that the appellant-respondent’s time to perfect the appeal is enlarged until March 28, 2018, and the joint record or appendix on the appeal and cross 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 respondents-appellants shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,ORDERED that the applications are otherwise denied.
Motion List released on:March 19, 2018By Scheinkman, P.J., Mastro, Rivera, Dillon And Balkin, Jj.MATTER of Lori A. Janczewski, appellant, v. Adam J. Janczewski, respondent. — On the Court’s own motion, it isORDERED that the order on certification of this Court dated March 9, 2018, in the above-entitled case is recalled and vacated, and the following order on certification is substituted therefor:Appeal by Lori A. Janczewski from an order of the Family Court, Suffolk County, dated January 29, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Tiffany Moseley, Esq., dated March 3, 2018, it is ORDERED 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:Del Atwell39 5th StreetEast Hampton, NY 11937631-267-2067and 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 3, 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 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.C., Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Luis Herranz, appellant-res, v. Sandra Longa, res-res — (Proceeding No. 1)MATTER of Sandra Longa, res-ap, v. Luis Herranz, appellant-res — (Proceeding No. 2) — Appeals by Luis Herranz from two orders of the Family Court, Queens County, both dated January 3, 2018, and cross appeal by Sandra Longa from the second order. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Alan S. Cabelly, dated January 25, 2018, it isORDERED that the appellant-respondent 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:Kenneth M. Tuccillo591 Warburton Avenue, #576Hasting on Hudson, NY 10706914-439-4843and it is further,ORDERED that assigned counsel shall promptly attempt to contact the appellant-respondent at the address provided by this Court, and on or before April 2, 2018, shall notify the Case Manager assigned to the appeals and cross appeal, in writing, that he has done so and that either(1) the appellant-respondent is interested in prosecuting the appeals, or(2) the appellant-respondent is not interested in prosecuting the appeals, or that he has been unable to contact the appellant-respondent, and wishes to be relieved of the assignment; and it is further,ORDERED that the appeals and cross appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant-respondent, the respondent-appellant, 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-respondent’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 appeal, including the attorney for the child, if any, when counsel serves the appellant-respondent’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-respondent 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 and cross appeal are taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Paul Joseph Cargiulo, ap, v. Tamara Lynn Cargiulo, res — Appeal by Paul Joseph Cargiulo from an order of the Family Court, Nassau County, dated September 27, 2017.On the Court’s own motion, it isORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).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 Christine Theodore, dated March 5, 2018, it isORDERED that the following named attorney is assigned as counsel to prosecute the appeal:Christine Theodore540 Ocean Avenue, Suite G1Brooklyn, NY 11226845-300-8880ORDERED 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 assigned counsel shall serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this order, 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 that the transcripts have been received, and indicating the date received; or(3) if the transcripts have not been received, an affidavit or affirmation stating that this order has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.MATTER of Michael Grimes, ap, Assignment of Counsel v. Carmela Pignalosa-Grimes, res — Appeal by Michael Grimes from an order of the Family Court, Richmond County, dated July 27, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Rosann Scotto DiRinaldi, dated March 9, 2018, it isORDERED that pursuant to Family Court Act §1120, the following named attorney is assigned as the attorney for the child on the appeal:Austin I. Idehen89-31 161st Street, Suite 810Jamaica, NY 11432718-558-4191and it is further,ORDERED that Rosann Scotto DiRinaldi, 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 Eligio Turcios, res, v. Elizabeth Cordero, ap — (Proceeding No. 1)MATTER of Elizabeth Cordero, ap, v. Eligio Turcios, res — (Proceeding No. 2) — Appeal by Elizabeth Cordero from an order of the Family Court, Orange County, dated January 16, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Anne E. Hunter, dated February 13, 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:Jane M. BloomP.O. Box 209Monticello, NY 12701845-791-8167and 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 2, 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 ren, 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 ren, 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 Michael M. L. (Anonymous). Administration for Childrens Services, petitioner- res, MacThaddeus L. (Anonymous), res-res — Appeals by MacThaddeus L. from two orders of the Family Court, Queens County, dated August 25, 2017, and September 5, 2017, respectively. 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 appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[a][2]) and by serving and filing the appellant’s brief on the appeals is enlarged until April 19, 2018.MATTER of Romeo O. (Anonymous). Administration for Childrens Services, petitioner-res, Sita P.-M. (Anonymous), et al., respondents-appellants res — (Proceeding No. 1)MATTER of Autumn M. (Anonymous). Administration for Childrens Services, petitioner-res, Sita P.-M. (Anonymous), et al., respondents-appellants res — (Proceeding No. 2)MATTER of Lanlia A. (Anonymous). Administration for Childrens Services, petitioner-res, Sita P.-M. (Anonymous), et al., respondents-appellants res — (Proceeding No. 3)MATTER of Don O. (Anonymous). Administration for Childrens Services, petitioner-res, Sita P.-M. (Anonymous), et al., respondents-appellants res — (Proceeding No. 4) N-14736-16, N-14737-16) — Separate appeals by Sita P.-M. and Vincent M. from an order of the Family Court, Queens County, dated July 31, 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 appeals is enlarged until April 18, 2018.MATTER of Imani L. J. (Anonymous). SCO Family of Services, petitioner-appellant; Shaunta J. (Anonymous), res-res — (Proceeding No. 1)MATTER of Jeremiah W. T. (Anonymous), a/k/a Jeremiah W. J. (Anonymous). SCO Family of Services, petitioner-appellant; Shaunta J. (Anonymous), res-res — (Proceeding No. 2)MATTER of Wilesiah W. B. (Anonymous), a/k/a Wilesiah W. J. (Anonymous). SCO Family of Services, petitioner-appellant; Shaunta J. (Anonymous), res-res — (Proceeding No. 3)MATTER of Zackariyah M. T. (Anonymous), a/k/a Zackariyah M. J. (Anonymous). SCO Family of Services, petitioner-appellant; Shaunta J. (Anonymous), res-res — (Proceeding No. 4) B-12790/14) — Appeal by SCO Family of Services from an order of the Family Court, Queens County, dated July 5, 2017. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the petitioners-appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[a][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until April 16, 2018.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.MATTER of Michael Burrell, Sr., res, v. Heather West Burrell, ap — V-8085-08/16Q, V-8086-08/16M) — Motion by the respondent to enlarge the time to serve and file a brief on appeals from two orders of the Family Court, Suffolk County, both dated February 2, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, the respondent’s time to serve and file a brief on the appeals is enlarged until April 18, 2018, and the respondent’s brief shall be served and filed on or before that date.SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.MATTER of Jonah B. (Anonymous). Administration of Childrens Services, petitioner-res, Riva v. (Anonymous), respondent-appellant res — (Proceeding No. 1)MATTER of Adele S. (Anonymous). Administration of Childrens Services, petitioner-res, Riva v. (Anonymous), respondent-appellant res — (Proceeding No. 2)MATTER of Talia Benyaminova S. (Anonymous). Administration of Childrens Services, petitioner-res, Riva v. (Anonymous), respondent-appellant res — (Proceeding No. 3) — Motion by the petitioner-respondent to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Queens County, dated November 9, 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 petitioner-respondent’s time to serve and file a brief is enlarged until April 9, 2018, and the petitioner-respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.MATTER of Kristina I. (Anonymous). Orange County Department of Social Services, petitioner-res, Al Quran F. (Anonymous), respondent-appellant res — (Proceeding No. 1)MATTER of Akilah F. (Anonymous). Orange County Department of Social Services, petitioner-res, Al Quran F. (Anonymous), respondent-appellant res — (Proceeding No. 2)MATTER of Al Quran F. (Anonymous). Orange County Department of Social Services, petitioner-res, Al Quran F. (Anonymous), respondent-appellant res — (Proceeding No. 3)MATTER of Izaiah F. (Anonymous). Orange County Department of Social Services, petitioner-res, Al Quran F. (Anonymous), respondent-appellant res — (Proceeding No. 4)MATTER of Larai F. (Anonymous). Orange County Department of Social Services, petitioner-res, Al Quran F. (Anonymous), respondent-appellant res — (Proceeding No. 5)MATTER of Alana I. (Anonymous). Orange County Department of Social Services, petitioner-res, Al Quran F. (Anonymous), respondent-appellant res — (Proceeding No. 6)MATTER of Christopher I. (Anonymous). Orange County Department of Social Services, petitioner-res, Al Quran F. (Anonymous), respondent-appellant res — (Proceeding No. 7)MATTER of Briana M. (Anonymous). Orange County Department of Social Services, petitioner-res, Al Quran F. (Anonymous), respondent-appellant res — (Proceeding No. 8)MATTER of Angelica I. (Anonymous). Orange County Department of Social Services, petitioner-res, Al Quran F. (Anonymous), respondent-appellant res — (Proceeding No. 9)MATTER of Olivia F. (Anonymous). Orange County Department of Social Services, petitioner-res, Al Quran F. (Anonymous), respondent-appellant res — (Proceeding No. 10)MATTER of Jaiden P. (Anonymous). Orange County Department of Social Services, petitioner-res, Al Quran F. (Anonymous), respondent-appellant res — (Proceeding No. 11)MATTER of Elias P. F. (Anonymous). Orange County Department of Social Services, petitioner-res, Al Quran F. (Anonymous), respondent-appellant res — (Proceeding No. 12)MATTER of Syris P. F. (Anonymous). Orange County Department of Social Services, petitioner-res, Al Quran F. (Anonymous), respondent-appellant res — (Proceeding No. 13) N-1467-16, N-1468-16, N-1469-16, N-1470-16, N-1471-16, N-1472-16, N-1473-16, N-1474-16, N-1475-16, N-1450-16, N-1451-16, N-1452-16, N-1453-16, N-1454-16, N-1455-16, N-1456-16, N-1457-16, N-1458-16, N-1459-16, N-1460-16, N-1461-16, N-1462-16) — Motion by the attorney for the children Jaiden P., Elias P. F., and Syris P. F. to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Orange County, dated August 30, 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 time for the attorney for the children Jaiden P., Elias P. F., and Syris P. F. to serve and file a brief on the appeal is enlarged until May 3, 2018, and the brief shall be served and filed on or before that date; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Miller, JJ.Citimortgage, Inc., res, v. Nityanand Kalicharan, ap, et al., def — Appeal by Nityanand Kalicharan from a judgment of the Supreme Court, Queens County, dated January 14, 2015. By order to show cause dated January 5, 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 action on the ground that no appeal lies from a judgment entered upon the default of the appealing party.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511).SCHEINKMAN, P.J., BALKIN, AUSTIN and MILLER, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.Bank of America, N.A., etc., plf-res, v. Caren Litkowski ap, et al., defendants; Tri-State III, LLC, nonparty-res — Motion by Bank of America, N.A., on appeals from two orders of the Supreme Court, Rockland County, dated March 29, 2016, and May 5, 2017, respectively, and a judgment of the same court also dated May 5, 2017, to dismiss the appeal from the order dated March 29, 2016, on the ground that the right of direct appeal from that order terminated upon entry of the judgment. Cross motion by the appellants to consolidate the appeals and, in effect, for leave to serve and file a supplemental record containing the judgment, the order dated May 5, 2017, and the notice of appeal from the judgment and the order dated May 5, 2017.Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it isORDERED that the cross motion is granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order dated March 29, 2016, are deemed to be filed in connection with the appeals from the judgment and the order dated May 5, 2017, and on or before April 18, 2018, the appellants shall serve and file a supplemental record containing the judgment, the order dated May 5, 2017, and the notice of appeal from the judgment and the order dated May 5, 2017, and it is further,ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,ORDERED that on the Court’s own motion, the appellants’ time to serve and file a reply brief on the appeals is enlarged until April 18, 2018, and the reply brief shall be served and filed on or before that date.SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Hinds-Radix, J.PEOPLE, etc., plf, v. Brandon Viera, 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 December 19, 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 Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.MATTER of Charles Rochester, ap, v. New York State Division of Human Rights, et al., res — Motion by the appellant to enlarge the record on an appeal from an order of the Supreme Court, Queens County, dated November 6, 2017, to include certain documents and exhibits contained in the court file from a matter commenced in the United States District Court.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., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Dillon, J.P.; Leventhal, Lasalle and Brathwaite Nelson, JJ.255 Butler Associates, LLC, res, v. 255 Butler, LLC, ap — Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated September 14, 2017, for leave to reargue the branch of its prior motion which was to strike the appellant’s brief on the ground that it refers to matter dehors the record and improperly raises issues for the first time on appeal, which was held in abeyance by a decision and order on motion of this Court dated February 7, 2018, to enlarge the time to serve and file a brief, and for a preference in the calendaring 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 to enlarge the respondent’s time to serve and file a brief is granted, the respondent’s time to serve and file a brief is enlarged until April 16, 2018, and the respondent’s brief shall be served and filed on or before that date; and it is further,ORDERED that the motion is otherwise denied.DILLON, J.P., LEVENTHAL, LASALLE and BRATHWAITE NELSON, JJ., concur.By Balkin, J.P.; Leventhal, Hinds-Radix and Maltese, JJ.Adena Weitzman, res, v. Mark Weitzman, ap — Motion by the appellant to enlarge the time to perfect an appeal from an amended order and judgment (one paper) of the Supreme Court, Westchester County, dated December 5, 2016, and to waive the motion filing fee.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 waive the motion filing fee is granted; and it is further,ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied; and it is further,ORDERED that on the Court’s own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]), and prior order of this Court.BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Miller, JJ.MATTER of Arthur Adinolfi, Jr., ap, v. Colleen Callanan, res — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated October 24, 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 opposition 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, 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 of 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 stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4), above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.SCHEINKMAN, P.J., BALKIN, AUSTIN and MILLER, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.PEOPLE, res, v. Ramon Lopez, ap — Motion by the appellant’s assigned counsel on an appeal from an order of the Supreme Court, Kings County, dated August 3, 2016, 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 April 16, 2018; and it is further,ORDERED that the motion by assigned counsel, in effect, 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).SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.Nella Manko, ap, v. David A. Gabay res — Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated October 7, 2016, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant’s appendix, for poor person relief, and to waive the motion filing fee. Motion by the respondents Aaronson Rappaport Feinstein & Deutsch, LLP, Elliot J. Zucker, and Mark J. Aaronson and separate motion by the respondents Kaufman Borgeest & Ryan, LLP, and Tracey A. Reiser, to dismiss the appeal on the ground that the appellant’s appendix is inadequate and contains matter dehors the record, and to enlarge the time to serve and file their respective briefs.Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it isORDERED that the branches of the motion by the respondents Aaronson Rappaport Feinstein & Deutsch, LLP, Elliot J. Zucker, and Mark J. Aaronson and separate motion by the respondents Kaufman Borgeest & Ryan, LLP, and Tracey A. Reiser, which are to dismiss the appeal are denied on condition that on or before April 30, 2018, the appellant serve and file a replacement appellant’s appendix and a replacement appellant’s brief which does not contain matter dehors the record and complies with the CPLR and rules of this Court; and it is further,ORDERED that branches of the motion by the respondents Aaronson Rappaport Feinstein & Deutsch, LLP, Elliot J. Zucker, and Mark J. Aaronson and separate motion by the respondents Kaufman Borgeest & Ryan, LLP, and Tracey A. Reiser, which are to enlarge the time to serve and file their respective briefs are granted, the movants’ time to serve and file their respective briefs is enlarged until June 4, 2018, and the briefs shall be served and filed on or before that date; and it is further,ORDERED that the branch of the appellant’s 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 appellant’s motion which is to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant’s appendix is denied with leave to renew by a motion made simultaneously with the filing of the replacement appendix and the replacement appellant’s brief; and it is furtherORDERED that the appellant’s motion is otherwise denied.SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Chambers, J.P.; Roman, Barros and Christopher, JJ.MATTER of Michelle Rouse-Williams, res, v. Donnie Williams, ap — Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Richmond County, dated January 16, 2018, 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 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, 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 of 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 stating that the transcript has been received, and indicating the date that it was received; or(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the actions described in (1), (2), (3), or (4), above has been taken within 30 days of the date of this decision and order on motion, the Clerk of the 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., ROMAN, BARROS and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. James Jacobs, ap — 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 Rivera, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.Katoyia Duncan, appellant-res, v. Emerald Expositions, LLC def, Freeman Company, res-res — Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated September 6, 2016, to dismiss the cross appeal on the ground that the respondent-appellant is not aggrieved, to strike the respondent-appellant’s answering brief and reply brief, and to preclude the respondent-appellant from filing a brief. Cross motion by the respondent-appellant and Freeman Expositions, Inc., for relief pursuant to CPLR 2001, if necessary.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 denied as academic.RIVERA, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Davon McCurbin, ap — Appeal by Davon McCurbin from a judgment of the Supreme Court, Kings County, rendered October 2, 2017. By order dated October 2, 2017, the Supreme Court, Kings County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief.Now, upon the order dated October 2, 2017, it isORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Seymour W. James, Jr.The Legal Aid Society199 Water Street – 5th FloorNew York, New York 10038and 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.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Jeffery Bush, ap — Appeal by Jeffery Bush from a judgment of the Supreme Court, Kings County, rendered November 28, 2017. By order dated November 28, 2017, the Supreme Court, Kings County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief.Now, upon the order dated November 28, 2017, it isORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Seymour W. James, Jr.The Legal Aid Society199 Water Street – 5th FloorNew York, New York 10038and 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 Chambers, J.P.; Roman, Barros and Christopher, JJ.MATTER of Eugene Bush, ap, v. Eric Gonzalez, etc., res — Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated August 7, 2017, and for poor person relief.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 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 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 May 15, 2018; and it is further,ORDERED that the motion is otherwise denied.CHAMBERS, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.Joyce Roberts, plf-res, v. New York City Transit Authority ap, USA Universal, Inc. def-res — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 21, 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.Shanna Devito, plf-res, v. North Bellmore Union Free School District, defendant third-party plaintiff-appellant; Bellmore-Merrick Child Care Program, third-party def-res — Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 12, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated February 28, 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 Chambers, J.P.; Roman, Barros and Christopher, JJ.PEOPLE, etc., res, v. Mark Polite, ap — Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a resentence of the Supreme Court, Kings County, imposed November 2, 2011.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., ROMAN, BARROS and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Roman, Barros and Christopher, JJ.Federal National Mortgage Association, etc., res, v. Aaron Brown, ap, et al., def — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated November 21, 2016.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that on the Court’s own motion, the appeal is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment dated April 14, 2017 (see Matter of Aho, 39 NY2d 241); and it is further,ORDERED that the motion is denied as academic.CHAMBERS, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Roman, Barros and Christopher, JJ.Deutsche Bank National Trust Co., res, v. James Masters, appellant def — Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, entered June 10, 2016.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., ROMAN, BARROS and CHRISTOPHER, JJ., concur.Hye-Kyeong Haebich, appellant-res, v. Ralph Haebich, res-res — Application by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated October 13, 2017, to withdraw the cross appeal.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 cross appeal is marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Jhonny Cruz, ap — Appeal by Jhonny Cruz from a judgment of the Supreme Court, Kings County, rendered December 1, 2017. By order dated December 12, 2017, the Supreme Court, Kings County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief.Now, upon the order dated December 12, 2017, it isORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Morris Shamuil132 Nassau Street, Suite 1401New York, NY 10038and 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.Onewest Bank, FSB, res, v. Kathleen Akins, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 5, 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.Michael Balbo, ap, v. Metropolitan Transportation Authority res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens 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.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Steven R. Haffner res, v. Roy J. Lester ap, et al., def — Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 31, 2016.Upon the stipulation of the attorneys for the respective parties to the appeal dated March 12, 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.Jose Rodriguez ap, v. Vincent Piccone, etc., res — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated December 7, 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.PEOPLE, etc., res, v. Roberto Ortiz, ap — Appeal by Roberto Ortiz from a judgment of the Supreme Court, Kings County, rendered November 28, 2017. By order dated November 28, 2017, the Supreme Court, Kings County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief.Now, upon the order dated November 28, 2017, it isORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Seymour W. James, Jr.The Legal Aid Society199 Water Street – 5th FloorNew York, New York 10038and 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.U.S. Bank National Association, etc., res, v. Ricky Camarda, ap, et al., def — Application by the appellant to withdraw appeals from two orders of the Supreme Court, Richmond County, both dated July 10, 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 appeals are marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Keanu Whitfield, ap — Appeal by Keanu Whitfield from a judgment of the Supreme Court, Queens County, rendered January 3, 2018. By order dated January 3, 2018, the Supreme Court, Queens County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief.Now, upon the order dated January 3, 2018, it isORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Seymour W. James, Jr.The Legal Aid Society199 Water Street – 5th FloorNew York, New York 10038and 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.Angela Taylor, res, v. Anna M. Cameli ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 27, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.MATTER of Kayla B. (Anonymous). Administration for Childrens Services, petitioner-res, Irina B. (Anonymous), respondent-appellant res — (Proceeding No. 1)MATTER of Rebekah B. (Anonymous). Administration for Childrens Services, petitioner-res, Irina B. (Anonymous), respondent-appellant res — (Proceeding No. 2)MATTER of Joseph B. (Anonymous). Administration for Childrens Services, petitioner-res, Irina B. (Anonymous), respondent-appellant res — (Proceeding No. 3)MATTER of Esther B. (Anonymous). Administration for Childrens Services, petitioner-res, Irina B. (Anonymous), respondent-appellant res — (Proceeding No. 4)MATTER of Hannah B. (Anonymous). Administration for Childrens Services, petitioner-res, Irina B. (Anonymous), respondent-appellant res — (Proceeding No. 5) N-14353-15, N-14354-15, N-14355-15) — Appeal by Irina B. from an order of the Family Court, Kings County, dated August 25, 2017. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[a][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until May 2, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Shaquan Goldstein, ap — Appeal by Shaquan Goldstein from a judgment of the Supreme Court, Kings County, rendered December 21, 2017. By order dated December 21, 2017, the Supreme Court, Kings County, granted an application pursuant to Criminal Procedure Law §380.55 for poor person relief.Now, upon the order dated December 21, 2017, it isORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Seymour W. James, Jr.The Legal Aid Society199 Water Street – 5th FloorNew York, New York 10038and 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 Austin, J.P.; Roman, Sgroi and Brathwaite Nelson, JJ.MATTER of Town of Oyster Bay, ap, v. 55 Motor Avenue Company, LLC res — Motion by the respondents for leave to reargue an appeal from a judgment (one paper) of the Supreme Court, Nassau County, dated June 30, 2016 , which was determined by decision and order of this Court dated December 13, 2017, or for leave to appeal to the Court of Appeals from the decision and order of this Court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.AUSTIN, J.P., ROMAN, SGROI and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.Jerry Knight, ap, v. State of New York, res — (Claim No. 126029) — Motion by the appellant for leave to prosecute an appeal from an order of the Court of Claims dated June 2, 2017, 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 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 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 May 15, 2018; 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.SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.PEOPLE, etc., res, v. David Gonsalves, 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 February 26, 2016, 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.SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.PEOPLE, etc., res, v. Jalik Banks, 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 February 10, 2016, 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.SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.MATTER of Eliyahu C. Poltorak, respondent- ap, v. Bella Poltorak, appellant-res — (Proceeding No. 1)MATTER of Bella Poltorak, ap, v. Eliyahu C. Poltorak, res — (Proceeding No. 2) V-12525-17, V-24393-17, V-26509-17) — Appeals by Bella Poltorak from three orders of the Family Court, Kings County, dated September 19, 2017, September 20, 2017, and October 11, 2017, respectively, and cross appeal by Eliyahu C. Poltorak from the order dated September 20, 2017. By order to show cause dated February 2, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the cross appeal in the above-entitled proceedings for failure to comply with a decision and order on motion of this Court dated December 12, 2017, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Application by Eliyahu C. Poltorak to withdraw the cross appeal.Now, upon the order to show cause and no papers having been filed in response 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 to dismiss the cross appeal is denied; and it is further,ORDERED that the application is granted and the cross appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.Flatbush Chiropractic, P.C., etc., plf, v. Citiwide Auto Leasing, def — (Appellate Term Docket No. 2016-03178KC; Civil Court Index No. 46799/15) — Motion by Flatbush Chiropractic, P.C., for leave to appeal to this Court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated August 18, 2017, which denied its motion, inter alia, to vacate an order of the same court dated May 22, 2017, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 11, 2016, for failure to timely perfect.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., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Chambers, J.P.; Roman, Barros and Christopher, JJ.Careful Complete Medical, P.C., etc., plf, v. MVAIC, def — (Appellate Term Docket No. 2017-00007KC; Civil Court Index No. 37542/15) — Motion by Careful Complete Medical, P.C., for leave to appeal to this Court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated August 18, 2017, which denied its motion, inter alia, to vacate an order of the same court dated May 22, 2017, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered September 12, 2016, for failure to timely perfect.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., ROMAN, BARROS and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Roman, Barros and Christopher, JJ.Cautious Care Medical, P.C., etc., plf, v. MVAIC, def — (Appellate Term Docket No. 2016-03169KC; Civil Court Index No. 43841/15) — Motion by Cautious Care Medical, P.C., for leave to appeal to this Court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated August 18, 2017, which denied its motion, inter alia, to vacate an order of the same court dated May 22, 2017, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered July 29, 2016, for failure to timely perfect.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., ROMAN, BARROS and CHRISTOPHER, JJ., concur.By Chambers, J.P.; Roman, Barros and Christopher, JJ.Right Aid Medical Supply, Corp., etc., plf, v. MVAIC, def — (Appellate Term Docket No. 2017-00004KC; Civil Court Index No. 41602/15) — Motion by Right Aid Medical Supply, Corp. for leave to appeal to this Court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated August 18, 2017, which denied its motion, inter alia, to vacate an order of the same court dated May 22, 2017, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered September 12, 2016, for failure to timely perfect.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., ROMAN, BARROS and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.U.S. Bank, National Association, etc., res, v. Patricia Jones, appellant def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered August 15, 2016, for failure to timely perfect.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 the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.Aurora Loan Services, res, v. Imran Sadiq, appellant def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated April 28, 2017, for failure to timely perfect.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 the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.Deutsche Bank National Trust Company, etc., res, v. Oscar Nunez, appellant def — Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Queens County, both dated May 12, 2017, for failure to timely perfect.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 the appeals are dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.PEOPLE, etc., res, v. Kenneth Toney, ap — Motion by the appellant, in effect, for poor person relief and the assignment of counsel on an appeal from a judgment of the County Court, Suffolk County, rendered December 1, 2006.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 appeal has been abandoned, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before May 18, 2018; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to respond to the order to show cause:Laurette MulryLegal Aid Society of Suffolk County300 Center DriveP.O. Box 1697Riverhead, New York 11901and it is further,ORDERED that the appellant’s motion is held in abeyance pending determination of this Court’s motion to dismiss the appeal; and it is further,ORDERED that the stenographer of the trial court, or the trial court’s designee if that stenographer is no longer available, 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 in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9), unless the making of any of such transcripts is no longer possible, in which case the stenographer of the trial court, or the trial court’s designee, shall file with the clerk of the trial court an affidavit setting forth which proceeding(s) cannot be transcribed; 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, unless the making of any of such transcripts is no longer possible, in which case the stenographer of the trial court, or the trial court’s designee, shall file with the clerk of the trial court an affidavit setting forth that the proceeding cannot be transcribed; and it is further,ORDERED that, with respect to the proceedings set forth above, the clerk of the trial court shall furnish to assigned counsel (1) one certified transcript of the proceedings, without charge (see CPL 460.70), and/or (2) a copy of the affidavit stating that the making of a transcript is no longer possible; assigned counsel is directed to turn over any such transcripts to the respondent when counsel files papers in response to this order to show cause; 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 order to show cause 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 it is further,ORDERED that in the event that assigned counsel cites or relies upon the probation report in papers filed in response to this order to show cause, counsel shall provide a complete copy of such report and any attachments to this Court and the respondent prior to the filing of such papers; 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 responding to this order to show cause; 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 order to show cause upon the clerk of the court from which the appeal is taken; 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 the appellant’s last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined, upon the attorney wholast appeared for the appellant, upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.Nadia Bouzara, res, v. Mohamed Boucherka, ap — Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered September 24, 2015, 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.SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Chambers, J.P.; Roman, Barros and Christopher, JJ.Wendy A. Barbuck , res, v. Michael A. Barbuck, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, dated August 10, 2017, as a poor person 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 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 branch of the motion which is to enlarge the time to perfect the appeal is granted and the appellants’ time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), and by serving and filing his brief on the appeal is enlarged until May 18, 2018; and it is further,ORDERED that the motion is otherwise denied.CHAMBERS, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.PEOPLE, res, v. Kwok Sze, ap — Motion by the appellant’s assigned counsel on an appeal from an order of the Supreme Court, Westchester County, dated May 10, 2016, 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 no papers having been filed in opposition or 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 April 18, 2018; and it is further,ORDERED that the motion by assigned counsel, in effect, 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 the appellant’s last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined, and upon the attorney who last appeared for the appellant, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.MATTER of Romeo O. (Anonymous). Administration for Childrens Services, petitioner-res, Sita P.-M. (Anonymous), et al., respondents-appellants res — (Proceeding No. 1)MATTER of Autumn M. (Anonymous). Administration for Childrens Services, petitioner-res, Sita P.-M. (Anonymous), et al., respondents-appellants res — (Proceeding No. 2)MATTER of Lanlia A. (Anonymous). Administration for Childrens Services, petitioner-res, Sita P.-M. (Anonymous), et al., respondents-appellants res — (Proceeding No. 3)MATTER of Don O. (Anonymous). Administration for Childrens Services, petitioner-res, Sita P.-M. (Anonymous), et al., respondents-appellants res — (Proceeding No. 4) N-14736-16, N-14737-16) — Separate appeals by Sita P.-M. and Vincent M. from an order of the Family Court, Queens County, dated July 31, 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 appeals is enlarged until April 18, 2018.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Deborah Mae Higgins, ap, v. Ronald David Higgins, res — Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 23, 2016.Upon the stipulation of the attorneys for the respective parties to the appeal dated March 12, 2018, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.Plasez 1000, LLC, res, v. 291 Fountain, LLC, ap — Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 31, 2017. Separate motion by Kenneth K. Frenkel, PC, for leave to withdraw as counsel for the respondent.Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it isORDERED that the motions are granted; and it is further,ORDERED that on or before April 3, 2018, Kenneth K. Frenkel, PC, 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 respondent, without leave of the court, until the expiration of 30 days after service upon it of a copy of this decision and order on motion; and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged until June 4, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Avishay Levanovsky, res, v. Two-Twenty Records Management, LLC, et al., ap — Application by the appellant Two-Twenty Records Management, LLC, for leave to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 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 by the appellant Two-Twenty Records Management, LLC, is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Shirley Ansoorian, etc., res, v. Haig Ansoorian, Jr., etc., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 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.Shirley Ansoorian, etc., res, v. Haig Ansoorian, Jr., etc., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 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.; Balkin, Austin and Hinds-Radix, JJ.Moe Khan, ap, v. Reshmi Maharaj, res — Motion by the appellant to enlarge the time to perfect an appeal from a transcript of proceedings of the Supreme Court, Queens County, which occurred on January 17, 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 on the Court’s own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from an unsigned transcript (see Ojeda v. Metropolitan Playhouse, 120 AD2d 717); and it is further,ORDERED that the motion is denied as academic.SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.Shirley Ansoorian, etc., res, v. Haig Anssorian, Jr., etc., ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 16, 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 Rivera, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.PEOPLE, res, v. Elvis Torres, ap — Motion by the appellant’s assigned counsel on an appeal from an order of the County Court, Suffolk County, dated July 28, 2017, to be relieved on the ground that no appeal lies from an order issued upon the consent of the appealing party.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 no appeal lies from an order issued upon the consent of the appealing party (see CPLR 5511), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before April 18, 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).RIVERA, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.By Rivera, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.PEOPLE, etc., res, v. Michael OConnor, ap — Appeal by Michael O’Connor from an order of the Supreme Court, Westchester County, dated October 10, 2017. By order to show cause dated January 23, 2018, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated October 10, 2017, was not appealable as of right and leave to appeal had 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 appeal is granted, and the appeal is dismissed (see CPL 450.10; 450.15).RIVERA, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.By Rivera, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.PEOPLE, etc., res, v. Christian Benson, ap — Appeal by Christian Benson from an order of the County Court, Orange County, dated October 30, 2017. By order to show cause dated January 23, 2018, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated October 30, 2017, was not appealable as of right and leave to appeal had not been granted.Now, upon the order to show cause and no papers having been filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see CPL 450.10; 450.15).RIVERA, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.By Rivera, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.PEOPLE, etc., res, v. Brian Powell, ap — Appeal by Brian Powell from a judgment of the County Court, Orange County, rendered December 9, 2008. By order to show cause dated January 18, 2018, the appellant was 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 had abandoned the appeal.Now, upon the order to show cause and no papers having been filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed.RIVERA, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.By Leventhal, J.P.; Chambers, Maltese and Duffy, JJ.MATTER of Bernadette Agnes Walker, a/k/a Bernadette A. Walker, deceased. Dennis Phillip Walker III, petitioner-appellant; Long Island University, res-res — (File No. 823/09) — Motion by the petitioner-appellant for leave to reargue an appeal from an order of the Surrogate’s Court, Suffolk County, dated March 24, 2015, which was determined by decision and order of this Court dated December 20, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with $100 costs.LEVENTHAL, J.P., CHAMBERS, MALTESE and DUFFY, JJ., concur.By Scheinkman, P.J.; Balkin, Austin and Hinds-Radix, JJ.PEOPLE, etc., res, v. Cecilia Jones, ap — Motion by the appellant pro se, in effect, to restore to active status an appeal from a judgment of the County Court, Suffolk County, rendered November 30, 2011, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Separate motion by the respondent to dismiss the appeal for failure to prosecute.Upon the papers filed in support of the appellant’s motion and the papers filed in relation thereto, and upon the papers filed in support of the respondent’s motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the appellant’s motion is granted to the extent that pursuant to County Law §722 the following named attorney is assigned as counsel to respond to the respondent’s motion, and the appellant’s motion is otherwise held in abeyance in the interim:Laurette MulryLegal Aid Society of Suffolk County300 Center DriveP.O. Box 1697Riverhead, New York 11901ORDERED that assigned counsel’s time to respond to the respondent’s motion is extended until May 18, 2018, and the respondent’s motion is held in abeyance in the interim; and it is further,ORDERED that the stenographer of the trial court, or the trial court’s designee if that stenographer is no longer available, 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), unless the making of any of such transcripts is no longer possible, in which case the stenographer of the trial court, or the trial court’s designee, shall file with the clerk of the trial court an affidavit setting forth which proceeding(s) cannot be transcribed; and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer or the trail court’s designee shall also (1) make, certify, and file two transcripts of the minutes of proceedings during jury selection, or (2) file with the clerk of the trial court an affidavit stating that the making of such transcripts is no longer possible; and it is further,ORDERED that, with respect to each of the proceedings set forth above, the clerk of the trial court shall furnish to assigned counsel (1) one certified transcript of the proceedings, without charge (see CPL 460.70), and/or (2) a copy of the affidavit stating that the making of a transcript is no longer possible; assigned counsel is directed to turn over any such transcripts to the respondent when counsel files papers in response to the respondent’s motion; 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 it is further,ORDERED that in the event that assigned counsel cites or relies upon the probation report in papers filed in response to the respondent’s motion, counsel shall provide a complete copy of such report and any attachments to this Court and the respondent prior to the filing of such papers; 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 responding to the respondent’s motion; 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.SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.By Dillon, J.P.; Leventhal, Hinds-Radix and Lasalle, JJ.Diana Campuzano, res, v. Neal Sher def, The American Center for Civil Justice, etc., ap — 2016-12388Diana Campuzano, respondent,v Neal Sher defendants, TheAmerican Center for Civil Justice, etc.,appellant.(Index No. 605379/16) Motion by Koffsky Schwalb LLC, inter alia, for leave to withdraw as counsel for the appellant on appeals from two orders of the Supreme Court, Nassau County, entered August 1, 2016, and October 3, 2016, respectively, 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 is denied; and it is further,ORDERED that on the Court’s own motion, the appeals are dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court; and it is further,ORDERED that the motion is otherwise denied as academic.DILLON, J.P., LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.Deutsche Bank National Trust Company, etc., res, v. Marie Monique Auguste, ap — 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, Rockland County, dated August 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 application is granted, the respondent’s time to serve and file a respondent’s brief is enlarged, and the respondent’s brief submitted to the Clerk of the Court is accepted for filing and deemed timely served.Matter Of Unitrin Direct Insurance Company, et al., res, v. Anne Maria Muriqi, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated August 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 application is granted, the appellant’s time to perfect the appeal is enlarged, and the record on the appeal and the appellant’s brief submitted to the Clerk of the Court are accepted for filing and deemed timely served.Matter Of Unitrin Direct Insurance Company, et al., res, v. Anne Maria Muriqi, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated August 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 application is granted, the appellant’s time to perfect the appeal is enlarged, and the record on the appeal and the appellant’s brief submitted to the Clerk of the Court are accepted for filing and deemed timely served.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Donovan Devon Guy, res, v. Melonie Frances Weichel, ap — On the Court’s own motion, it isORDERED that the order on certification of this Court dated March 15, 2018, in the above-entitled case is recalled and vacated, and the following order on certification is substituted therefor:Appeals by Melonie Frances Weichel from two orders of the Supreme Court, Kings County (IDV Part), both dated December 14, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Philip Groner, dated December 26, 2017, 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:Jill M. Zuccardy, Esq.225 Broadway, Suite 1515New York, NY 10007917-309-2763and 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 3, 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 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]; Supreme 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 Supreme Court, and the clerk of the Supreme 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 Supreme 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 Leventhal, J.P.; Miller, Lasalle and Brathwaite Nelson, JJ.Shenaz Georgilis, res, v. Steven Georgilis, ap — Motion by the appellant, inter alia, to stay his incarceration, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated January 29, 2018, and for poor person relief.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 poor person relief is denied, with leave to renew on or before April 18, 2018, upon proper papers, including the appellant’s affidavit setting forth the appellant’s full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses; and it is further,ORDERED that the motion is otherwise denied.LEVENTHAL, J.P., MILLER, LASALLE and BRATHWAITE NELSON, JJ., concur.
