Merchant Cash and Capital, LLC, res, v. Ontime Trans, Inc., etc. 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, Nassau County, entered April 25, 2017.Upon the papers filed in support of the application and no papers having been filed in relation or opposition thereto, it isORDERED that the application 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.Merchant Cash and Capital, LLC, ap, v. J-H Expediting Services, LLC, etc., defendant- respondent defendant; Judy Toney, nonparty-res — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered January 9, 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 time to perfect the appeal is enlarged until April 16, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.By Mastro, J.P.; Leventhal, Barros and Brathwaite Nelson, JJ.MATTER of Peter G. (Anonymous), ap — Commissioner of Social Services of the City of New York, petitioner-res, Anthony J. Lamberti, etc., res-res — Appeal from an order of the Supreme Court, Kings County, dated October 12, 2017. By order to show cause dated January 23, 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 purportedly taken on behalf of Peter G. from the order dated October 12, 2017, on the ground that Irina Galanova was not authorized to file a notice of appeal on his behalf.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, without costs or disbursements (see Whitehead v. Town House Equities, 8 AD3d 369).MASTRO, J.P., LEVENTHAL, BARROS and BRATHWAITE NELSON, JJ., concur.By Mastro, J.P.; Leventhal, Barros and Brathwaite Nelson, JJ.MATTER of Peter G. (Anonymous), ap — Commissioner of Social Services of the City of New York, petitioner-res, Anthony J. Lamberti, etc., res-res — Appeal from an order of the Supreme Court, Kings County, dated October 12, 2017. By order to show cause dated January 23, 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 purportedly taken on behalf of Peter G. from the order dated October 12, 2017, on the ground that Irina Galanova was not authorized to file a notice of appeal on his behalf.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, without costs or disbursements (see Whitehead v. Town House Equities, 8 AD3d 369).MASTRO, J.P., LEVENTHAL, BARROS and BRATHWAITE NELSON, JJ., concur.By Austin, J.P.; Roman, Miller and Connolly, JJ.MATTER of Shmuel Vasser ap, v. City of New Rochelle res — Motion by the respondent ND Acquisitions, LLC, to strike stated portions of the appellants’ brief on an appeal from an order of the Supreme Court, Westchester County, dated September 14, 2017, on the grounds that the arguments contained in those portions of the brief have been rendered academic, refer to matter dehors the record, or improperly raise issues for the first time on appeal, for an award of costs and an attorney’s fee, to impose a sanction upon the appellants, and to enlarge the time to serve and file a brief. Motion by the appellants Shmuel Vasser and Daniel Krasner to vacate a decision and order on application of this Court dated January 12, 2018, which granted the application of Harry Stone and Jacqueline Stone for leave to withdraw the appeal insofar as taken by them.Upon the papers filed in support of the motions and the papers filed in opposition thereto, it isORDERED that the branch of the respondent’s motion which is to strike stated portions of the appellants’ brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,ORDERED that the branch of the respondent’s motion which is to enlarge the time to serve and file a brief is granted, the respondents’ time to serve and file their respective briefs is enlarged until April 18, 2018, and the respondents’ briefs shall be served and filed on or before that date; and it is further,ORDERED that the respondent’s motion is otherwise denied; and it is further,ORDERED that the motion by the appellants Shmuel Vasser and Daniel Krasner is denied.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Karlton R McCants, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered October 4, 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:Mark DiamondBox 287356Yorkville StationNew York, NY 10128and 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.MATTER of Donovan Devon Guy, res, v. Melonie Frances Weichel, ap — Appeals by Melonie Frances Weichel from two orders of the Supreme Court, Kings County (IDV Part), both dated December 14, 2017. 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:Mark W. Brandys225 Broadway, Suite 1800New York, NY 10007646-266-2493and 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 March 29, 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 Mastro, J.P.; Chambers, Sgroi and Cohen, JJ.George A. Durand, ap, v. Salvation Army, defendant third-party fourth-party plaintiff-res, Delgado Home Improvements, Inc. third-party defendants-res, Friends of Freeport NY, Inc., fourth-party defendants-respondents — Motion by the appellant pro se on an appeal from an order of the Supreme Court, Nassau County, entered August 3, 2017, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant’s appendix.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted.MASTRO, J.P., CHAMBERS, SGROI and COHEN, JJ., concur.By Leventhal, J.P.; Hinds-Radix, Barros and Connolly, JJ.County of Nassau, etc. ap, v. Expedia, Inc. res — Separate motions by Anne Marie Seibel, an attorney in good standing in the State of Alabama, and Jennifer Joe McGahey, an attorney in good standing in the State of Alabama, to be admitted pro hac vice to represent the respondents Orbitz, LLC, Trip Network, Inc., Internetwork Publishing Corp., Orbitz Worldwide, Inc., and Travelport, Inc., on appeals from two orders of the Supreme Court, Nassau County, dated November 24, 2016, and March 22, 2017, respectively.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.LEVENTHAL, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.By Balkin, J.P.; Roman, Miller and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Anthony Sanders, ap — Motion by Anthony Sanders pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered December 8, 2017, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the branch of the motion which is pursuant to CPL 460.30 for an extension of time to take an appeal from the rendered December 8, 2017, is denied as unnecessary; and it is further,ORDERED that the branches of the motion which are, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel are 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.BALKIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.By Balkin, J.P.; Roman, Miller and Brathwaite Nelson, JJ.Pat Vassallo, Jr., ap, v. All Island Masonry & Concrete, Inc. res — Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 10, 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]).BALKIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.By Mastro, J.P.; Chambers, Sgroi and Cohen, JJ.Emina McMahon, res, v. Patrick McMahon, ap — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Rockland County (IDV Part), dated March 27, 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]).MASTRO, J.P., CHAMBERS, SGROI and COHEN, JJ., concur.By Leventhal, J.P.; Hinds-Radix, Barros and Connolly, JJ.Thomas J. Aiken, Jr. res, v. Patrick Liotta, appellant (and a third-party action). — 2017-09206, 2017-09207Thomas J. Aiken, Jr. respondents,v Patrick Liotta, appellant (and a third-partyaction).(Index No. 14333/11) Motion by the appellant to consolidate an appeal from an order of the Supreme Court, Kings County, dated December 3, 2015, with appeals from two orders of the same court dated March 4, 2017, and May 25, 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 denied; and it is further,ORDERED that on the Court’s own motion, the appeal from the order dated December 3, 2015, will be calendared together with the appeals from the orders dated March 4, 2017, and May 25, 2017, and will be argued or submitted on the same date.LEVENTHAL, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Lavon D. Chambers, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, rendered June 22, 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:Carol Kahn225 Broadway, Suite 1510New York, New York 10007and 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 Rivera, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.MATTER of Willia Raccioppi, deceased. Laverne Modeste, petitioner-appellant; Irene Clogher, res-res — (File No. 201/10) — Motion by the petitioner-appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Surrogate’s Court, Kings County, dated October 19, 2017.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.RIVERA, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.By Rivera, J.P.; Roman, Maltese and Connolly, JJ.Christopher Tzimopoulos, a minor by his father and natural guardian, George Tzimopoulos ap, v. Plainview-Old Bethpage Central School District res — Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered July 21, 2015, which was determined by decision and order of this Court dated November 22, 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.RIVERA, J.P., ROMAN, MALTESE and CONNOLLY, JJ., concur.By Dillon, J.P.; Leventhal, Hinds-Radix and Lasalle, JJ.American Home Mortgage Servicing, Inc., plf, v. Bruce H. Kaplan, ap, et al., def — Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated August 27, 2015, which was determined by decision and order of this Court dated January 10, 2018, 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.DILLON, J.P., LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Jonathan Valentin, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered November 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:Scott M. Bishop75 South Broadway Suite 400White Plains, NY 10601and 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. Edwin Pagan, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered June 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:Carl D. Birman235 Mamaronect Avenue, Suite 300White Plains, NY 10605and 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. Edwin Pagan, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered June 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:Carl D. Birman235 Mamaronect Avenue, Suite 300White Plains, NY 10605and 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 Sgroi, JJ.MATTER of Jon A. Lefkowitz, admitted as Jon Ari Lefkowitz, a suspended attorney. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Jon A. Lefkowitz, res — (Attorney Registration No. 2577534) — Motion by the respondent to vacate a suspension imposed pursuant to Judiciary Law §90(4)(f), by decision and order on motion of this Court dated March 23, 2017, as a result of his conviction of a serious crime. The respondent was sentenced on May 12, 2017, to a one-year conditional discharge. By decision and order on motion of this Court dated July 19, 2017, the respondent was directed to show cause at a hearing before the Honorable Charles J. Thomas, as Special Referee, why a final order of suspension, censure, or disbarment should not be made based on his conviction of a serious crime. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 5, 1994, under the name Jon Ari Lefkowitz.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., MASTRO, RIVERA, DILLON and SGROI, JJ., concur.By Rivera, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.PEOPLE, etc., res, v. Terell Viera, 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 May 19, 2014, 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 opposition and 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.RIVERA, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.By Rivera, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.MATTER of Guadalupe Vidal Martinez, pet-res, v. Everado Isrrael Martinez, res — Appeals from two orders of the Family Court, Queens County, both dated November 15, 2017. By order to show cause dated January 29, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding on the ground that Edwin A. Gonzalez, identified as the appellant on the notice of appeal, was not aggrieved by the orders dated November 15, 2017.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that on the Court’s own motion, the notice of appeal is deemed to have been filed by Everado Isrrael, as the proper party appellant (see CPLR 2001; Matter of Tagliaferri v. Weiler, 1 NY3d 605); and it is further,ORDERED that the motion to dismiss the appeal is denied.RIVERA, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Bobby Jackson, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered September 5, 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:Clinton W. Calhoun81 Main Street, Suite 450White Plains, NY 10601and 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. Alvin Smothers, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered September 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:Samuel Coe50 Main Street, Suite 1000White Plains, NY 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.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Isaac Bones, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered October 2, 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:Lisa H. Blitman225 Broadway, Suite 1203New York, NY 10007and 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 Second Judicial Department, Mastro, J.P.; Dillon, Maltese and Lasalle, JJ.MATTER of Ann L. Nowak, ap, v. Town of Southampton res — Motion by the respondents Town of Southampton and Town of Southampton Zoning Board of Appeals to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated February 2, 2017, on the ground that the record is inadequate and does not comply with the rules of this Court. Application by the respondents Town of Southampton and Town of Southampton Zoning Board of Appeals, and separate application by the respondents Insource East Properties, Inc., Joseph Giannini and Maureen Giannini, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied on condition that on or before April 30, 2018, the appellant serve and file a replacement record that complies with the CPLR (see CPLR 5526) and rules of this Court (see 22 NYCRR 670.10.2) and a replacement brief that contains appropriate references to the replacement record; and it is further,ORDERED that the applications are granted, the respondents’ time to serve and file their respective briefs is enlarged until June 14, 2018, and the respondents’ respective briefs shall be served and filed on or before that date.MASTRO, J.P., DILLON, MALTESE and LASALLE, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Gloria Rodriguez, res, v. Moises C. Mera, ap — On the Court’s own motion, it isORDERED that the order to show cause of this Court dated February 6, 2018, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:Appeal by Moises C. Mera from an order of the Family Court, Westchester County, dated January 8, 2018.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 on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511), 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 5, 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concurBy Mastro, J.P.; Dillon, Maltese and Lasalle, JJ.MATTER of James Reiher, ap, v. Joan G. Reiher, res — Appeal by James Reiher from an order of the Family Court, Suffolk County, dated May 23, 2017. By order to show cause dated February 1, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a dated August 28, 2017, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).Now, upon the order to show cause and no papers having been filed in response thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the dated August 28, 2017, issued pursuant to §670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).MASTRO, J.P., DILLON, MALTESE and LASALLE, JJ., concur.By Mastro, J.P.; Dillon, Maltese and Lasalle, JJ.MATTER of Elia Hernandez-Bueno, ap, v. Alicia Perez, res — Appeal by Elia Hernandez-Bueno from an order of the Family Court, Kings County, dated October 26, 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 relieving the attorney assigned by order on certification of this Court dated December 1, 2017, to perfect the appeal on behalf of the appellant on the ground that the attorney had been unable to contact the appellant, and dismissing the appeal.Now, upon the order to show cause and no papers having been filed in response thereto, it isORDERED that the motion is granted, assigned counsel is relieved of the assignment, and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.4[a][2]).MASTRO, J.P., DILLON, MALTESE and LASALLE, JJ., concur.By Mastro, J.P.; Dillon, Maltese and Lasalle, JJ.MATTER of Casilda Gonzalez, res, v. Jose A. Jimenez, ap — Appeal by Jose A. Jimenez from an order of the Family Court, Nassau County, dated August 31, 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 relieving the attorney assigned by order on certification of this Court dated December 18, 2017, to perfect the appeal on behalf of the appellant on the ground that the attorney had been unable to contact the appellant, and dismissing the appeal.Now, upon the order to show cause and no papers having been filed in response thereto, it isORDERED that the motion is granted, assigned counsel is relieved of the assignment, and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.4[a][2]).MASTRO, J.P., DILLON, MALTESE and LASALLE, JJ., concur.By Mastro, J.P.; Dillon, Maltese and Lasalle, JJ.MATTER of Tristan G. (Anonymous). Suffolk County Department of Social Services, Child Protective Services, appellant-res, Christina G. (Anonymous), res-res — Hortensia L. (Anonymous), pet-res — Appeals by Suffolk County Department of Social Services, Child Protective Services, and cross appeals by Christina G., from two orders of the Family Court, Suffolk County, both dated November 17, 2016. By order to show cause dated February 6, 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 and cross appeals in the above-entitled proceedings on the ground that they had been rendered academic by the death of Christina G.Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeals and cross appeals is granted, and the appeals and cross appeals are dismissed, without costs or disbursements (see Matter of Charles C. E., 129 AD3d 721).MASTRO, J.P., DILLON, MALTESE and LASALLE, JJ., concur.By Mastro, J.P.; Dillon, Maltese and Lasalle, JJ.MATTER of Travon Hylton, res, v. Deandra Nereida Delvalle, ap — Motion by counsel assigned to prosecute an appeal from an order of the Family Court, Kings County, dated August 23, 2016, in effect, to be relieved of the assignment on the ground that no appeal lies from an order entered upon the default of the appealing party. 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 appeal in the above-entitled proceeding on the ground that no appeal lies from an order entered upon the default of the appealing party, and the motion by the appellant’s assigned counsel is held in abeyance in the interim.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 motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,ORDERED that the motion by the appellant’s assigned counsel, in effect, to be relieved is granted.MASTRO, J.P., DILLON, MALTESE and LASALLE, JJ., concur.By Mastro, J.P.; Dillon, Maltese and Lasalle, JJ.Scott R. McLucas, res, v. Hope A. McLucas, ap — Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision and order (one paper) of the Supreme Court, Dutchess County, dated June 5, 2017. By order to show cause dated February 6, 2018, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that no appeal lies from a decision, and that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted.Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701; Schicchi v. J.A. Green Constr. Co., 100 AD2d 509); and it is further,ORDERED that the application is denied as academic.MASTRO, J.P., DILLON, MALTESE and LASALLE, JJ., concur.By Mastro, J.P.; Dillon, Maltese and Lasalle, JJ.PEOPLE, etc., res, v. Nicholas DeJesus, ap — Motion by the appellant pro se, in effect, to restore to active status an appeal from a resentence of the Supreme Court, Kings County, imposed September 10, 2009, 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. By order to show cause dated December 4, 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 appeal had been abandoned, counsel was assigned to respond to the order to show cause, and the appellant’s motion was held in abeyance in the interim.Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant’s motion and the papers filed in relation thereto, it isORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see 22 NYCRR 670.8[f]); and it is further,ORDERED that the appellant’s motion is denied.MASTRO, J.P., DILLON, MALTESE and LASALLE, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Fatima Vera Melo, res, v. Bismark Zuniga, ap — Appeal by Bismark Zuniga from an order of the Family Court, Kings County, dated December 7, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Keith Utsey dated March 8, 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:Mark W. Brandys225 Broadway, Suite 1800New York, NY 10007646-266-2493and 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 March 29, 2018, shall notify the Case Manager assigned to the appeal, in writing, that he has done so and that either(1) the appellant is interested in prosecuting the appeal, or(2) the appellant is not interested in prosecuting the appeal, or that he has been unable to contact the appellant, and wishes to be relieved of the assignment; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s assigned counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant’s assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any or orders issued pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]); and it is further,ORDERED that upon a determination that the appellant is interested in proceeding with the appeal, the assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Katarina Tumanova, ap, v. Ahmad Ali, res — (Proceeding No. 1)MATTER of Ahmad Ali, res, v. Katarina Tumanova, ap — (Proceeding No. 2) — Appeal by Katarina Tumanova from an order of the Family Court, Queens County, dated August 2, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the child to serve and file a brief on the appeal is enlarged until March 29, 2018; and it is further,ORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Frances Bishop, res, v. Cleland Stanton, ap — Appeal by Cleland Stanton from an order of the Family Court, Kings County, dated January 9, 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 6, 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.MATTER of Bradford G. Dewey, res, v. Audrey Horing, ap — Appeal by Audrey Horing from an order of the Family Court, Nassau County, dated January 24, 2018.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.RIVERA, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Luna v. (Anonymous). Administration for Childrens Services, petitioner- appellant; Natasha v. (Anonymous), respondent- res — (Proceeding No. 1)MATTER of Julia D. (Anonymous). Administration for Childrens Services, petitioner- appellant; Natasha v. (Anonymous), respondent- res — (Proceeding No. 2) — Appeal by Administration for Children’s Services from an order of the Family Court, Richmond County, dated October 11, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the respondent and the attorney for the child to serve and file their respective briefs on the appeal is enlarged until April 12, 2018; and it is furtherORDERED that no further enlargement of time shall be granted.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Shaundell M. (Anonymous), res, v. Trevor C. (Anonymous), ap — Appeals by Trevor C. from three orders of the Family Court, Queens County, one dated January 25, 2018 and two dated February 1, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Alan S. Cabelly dated February 15, 2018, it isORDERED that the following named attorney is assigned as counsel to prosecute the appeals:Alan S. Cabelly155-03 Jamaica AvenueJamaica, NY 11432718-883-1560and it is further,ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that assigned counsel shall serve a copy of this order upon the Clerk of the court from which the appeals is taken; and it is further,ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, 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 appeals; 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 appeals are taken, the date thereof, and the date by which the transcripts are expected; or(4) an affidavit or an affirmation withdrawing the appeals; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Aliah J. (Anonymous). Administration for Childrens Services, res, Candice J. (Anonymous), ap — Appeal by Candice J. from an order of the Family Court, Queens County, dated January 25, 2018. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Barbara J. Caravello dated February 20, 2018, it isORDERED that the following named attorney is assigned as counsel to prosecute the appeal:Barbara J. Caravello155-03 Jamaica AvenueJamaica, NY 11432516-749-3348and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the attorney for the child, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act §1116); and it is further,ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant’s counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves the appellant’s brief upon those parties; and it is further,ORDERED that 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.Merchant Cash and Capital, LLC, res, v. J-H Expediting Services, LLC, etc. 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, Nassau County, entered May 2, 2017.Upon the papers filed in support of the application and no papers having been filed in relation or opposition thereto, it isORDERED that the application 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.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Joseph J. Gansburg, ap, v. Baila Rivkah Behrman, res — V-7113-15/16B) — Appeals by Joseph J. Gansburg from two orders of the Family Court, Kings County, both dated June 19, 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 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; 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 Victor M. (Anonymous), ap — Appeal by Victor M. from an order of the Family Court, Dutchess County, dated September 14, 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 25, 2018.MATTER of Rose Zou, res, v. Ming Qiao Zhang, ap — Appeal by Ming Qiao Zhang from an order of the Family Court, Kings County, dated June 23, 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 9, 2018.By Dillon, J.P.; Miller, Barros and Christopher, JJ.Ada Oparaji plf, v. Citibank, N.A. def — (Appellate Term Docket No. 2014-2359QC; Civil Court Index No. 3334/11) — Motion by the plaintiffs for leave to reargue their prior motion, inter alia, for leave to appeal to this Court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated September 28, 2017, which determined his motion, inter alia, for leave to reargue appeals from three orders of the Civil Court of the City of New York, Queens County, entered August 18, 2014, November 28, 2014, and April 27, 2015, respectively, which was determined by decision and order on motion of this Court dated December 26, 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.DILLON, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Marjorie Velasquez, pet-res, v. Robert Kattau, appellant res — Appeal by Robert Kattau from an order of the Family Court, Suffolk County, dated November 27, 2017. Pursuant to Family Court Act §§1118 and 1120, and upon the certification of Maryellen McQuade dated March 8, 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:Abbe Shapiro5507-10 Nesconset Highway, Suite 212Mount Sinai, NY 11766516-330-5490and 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 March 29, 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 Dillon, J.P.; Austin, Miller and Hinds-Radix, JJ.ABL One, LLC, plf-res, v. Teignmouth Hall, LLC ap, ABL, LLC def-res — 2017-06097ABL One, LLC, plaintiff-respondent,v Teignmouth Hall, LLC appellants,ABL, LLC defendants-respondents.(Index No. 603713/15) Motion by the appellants to stay the sale of the subject premises, pending hearing and determination of appeals from an order of the Supreme Court, Suffolk County, dated April 10, 2017, and an order and judgment (one paper) of the same court entered April 19, 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.DILLON, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.By Mastro, J.P.; Dillon, Maltese and Lasalle, JJ.PEOPLE, etc., res, v. Craig Rose, ap — Motion by the respondent to dismiss, for failure to prosecute an appeal from a judgment of the County Court, Westchester County, rendered March 28, 2008, which was deemed abandoned pursuant to 22 NYCRR 670.8(f).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.MASTRO, J.P., DILLON, MALTESE and LASALLE, JJ., concur.By Mastro, J.P.; Dillon, Maltese and Lasalle, JJ.PEOPLE, etc., res, v. Edward L. Williams, 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, Nassau County, rendered November 1, 2011, 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.MASTRO, J.P., DILLON, MALTESE and LASALLE, JJ., concur.By Mastro, J.P.; Dillon, Maltese and Lasalle, JJ.PEOPLE, etc., res, v. Sixto Acosta, a/k/a Hector Acosta, ap — Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a resentence of the Supreme Court, Westchester County, imposed September 7, 2016.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted, and the appellant’s supplemental brief shall be served and filed on or before May 14, 2018; and it is further,ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.MASTRO, J.P., DILLON, MALTESE and LASALLE, JJ., concur.By Mastro, J.P.; Dillon, Maltese and Lasalle, JJ.JPMorgan Chase Bank, National Association, res, v. Shahida Khan, ap, et al., 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 October 24, 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 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.MASTRO, J.P., DILLON, MALTESE and LASALLE, JJ., concur.By Dillon, J.PEOPLE, etc., plf, v. Edward Nash, def — Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the County Court, Orange County, dated November 14, 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 Dillon, J.PEOPLE, etc., plf, v. Oliver Berry, a/k/a Chris Tucker, 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, Queens County, dated September 20, 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 Leventhal, J.PEOPLE, etc., plf, v. Raul Nunez, 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, Queens County, dated October 11, 2017, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.By Chambers, J.P.; Roman, Barros and Christopher, JJ.Bank of New York Mellon, etc., res, v. Tal Dalal appellants def — Motion by the appellants, in effect, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered November 14, 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.By Chambers, J.P.; Roman, Barros and Christopher, JJ.MATTER of Dennis C. Collins ap, v. Village of Head-of-the-Harbor, et al., res — Motion by the appellants to stay the issuance of a building permit for the subject premises or to stay any construction work at the subject premises, pending hearing and determination of an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated December 14, 2017.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, res, v. Jose Alonso Argueta def, IPA Asset Management, LLC, nonparty-ap — 2018-01961Federal National Mortgage Association, respondent,v Jose Alonso Argueta defendants, IPA AssetManagement, LLC, nonparty-appellant.(Index No. 23697/10) Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, both entered October 5, 2017, and to consolidate the appeals.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 stay all proceedings is denied; and it is further,ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).CHAMBERS, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.HSBC Bank USA, N.A., plf, v. Mohammed Nasim, ap, American Express Bank, FSB def, Federal National Mortgage Association, res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 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 and the appeal is marked withdrawn.By Chambers, J.P.; Roman, Barros and Christopher, JJ.Paul Slaney, ap, v. Julia Slaney, res — Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Nassau County, dated December 19, 2017, pending hearing and determination of an appeal from the order.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is granted to the extent that enforcement of so much of the order as directed the appellant to pay the respondent’s monthly rent and pay maintenance in the sum of $7,000 per month is stayed pending hearing and determination of the appeal on condition that the appellant (1) pay maintenance in the sum of $5,000 per month and (2) perfect the appeal on or before April 16, 2018, and the motion is otherwise denied; and it is further,ORDERED that in the event the appellant does not comply with the foregoing provision, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.CHAMBERS, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Esthela Davila, plf-res, v. 82-01 Roosevelt Avenue, LLC def-res, New York City Transit Authority, ap — Application to withdraw appeals from two orders of the Supreme Court, Queens County, dated November 23, 2016, and August 17, 2017, respectively.Upon the stipulation of the attorneys for the respective parties to the appeals dated March 5, 2018, 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.PNC Bank National Association, res, v. Kimberly A. Crail, ap — Application by the appellant to withdraw appeals from two orders of the Supreme Court, Nassau County, dated July 20, 2017 and June 20, 2017, respectively.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeals are marked withdrawn.New York Maine and General Insurance Company ap, v. Perotto Associates Engineering, PC, res — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings 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 and the appeal is marked withdrawn.Mercury Indemnity Company of America, ap, v. Peter Baribault res — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 31, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.PEOPLE, etc., res, v. Jesus Vasquez, ap — Appeals from two judgments of the Supreme Court, Kings County, both rendered October 6, 2016.Upon the stipulation of the appellant and the attorneys for the respective parties to the appeals dated March 8, 2018, it isORDERED that the appeals are marked withdrawn.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.PEOPLE, etc., res, v. Devarl M. Dudley, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered October 16, 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:Gary E. Eisenberg10 Esquire Road, Suite 10New City, New York 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.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.Bank of America, NA, res, v. Mohamed Azam, appellant def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 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.Bank of America, NA, res, v. Mohamed Azam, appellant def — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 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.PEOPLE, etc., res, v. Kareem Fasor, ap — Appeal from a judgment of the Supreme Court, Kings County, rendered April 24, 2017.Upon the stipulation of the appellant and the attorneys for the respective parties to the appeal dated March 8, 2018, it isORDERED that the appeal is marked withdrawn.Padraig Rice res, v. Mercy College, ap — Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 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.John Gwinner res, v. Shyambhai M. Rao ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 28, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.Board of Managers of the Bayard Views Condominium res, v. Fabio Lazoski Fonseca ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 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.
