GHI Marketing, Inc., etc., res, v. Charles Diven def, Navajo Fields, Inc., etc., ap — Motion by the appellant to deem a notice of an appeal from an order of the Supreme Court, Westchester County, dated April 26, 2017, to be a premature notice of appeal from a judgment of the same court dated May 16, 2017, and to enlarge the time to perfect the appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that on the Court’s own motion, the notice of appeal from the order is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]); and it is further,ORDERED that the branch of the motion which is to deem the notice of appeal from the order to be a premature notice of appeal from the judgment is denied as academic; and it is further,ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant’s time to perfect the appeal is enlarged until April 13, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.LEVENTHAL, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.By Mastro, J.P.; Chambers, Sgroi and Cohen, JJ.Citimortgage, res, v. Ella G. Stewart ap — Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Kings County, both dated January 3, 2017, for failure to timely perfect.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted, and the appeals are dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).MASTRO, J.P., CHAMBERS, SGROI and COHEN, JJ., concur.By Mastro, J.P.; Chambers, Sgroi and Cohen, JJ.Jean-Luc Samyn ap, v. Ariens Company, res — Motion by I. Gregg Curry IV, an attorney in good standing in the State of Wisconsin, to be admitted pro hac vice to represent the respondent on an appeal from an order of the Supreme Court, Nassau County, dated January 3, 2017.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted.MASTRO, J.P., CHAMBERS, SGROI and COHEN, JJ., concur.By Leventhal, J.P.; Hinds-Radix, Barros and Connolly, JJ.Robert Williams, ap, v. City University of New York, res — (Claim No. 88546) — Motion by the appellant pro se on an appeal from an order of the Court of Claims, dated October 4, 2016, to waive the motion filing fee and to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is to waive the motion filing fee is denied; and it is further,ORDERED that the branch of the motion which is to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is dismissed without prejudice to renew upon payment of the motion filing fee.LEVENTHAL, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.MATTER of Saad A. (Anonymous). Administration for Childrens Services, petitioner-res, Umda M. (Anonymous), respondent-appellant res — Appeal by Umda M. from an order of the Family Court, Queens County, dated October 11, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on March 5, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this , the briefs for the petitioner-respondent and the attorney for the child in the above-entitled appeal shall be served and filed.MATTER of Mark Menghi, res, v. Adrienne Trotta-Menghi, ap — V-14891-16/16A) — Appeal by Adrienne Trotta-Menghi from an order of the Family Court, Suffolk County, dated February 16, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on March 6, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this order, the briefs for the respondent and the attorney for the children in the above-entitled appeal shall be served and filed.MATTER of Farrah Lupo, res, v. Brian Rainsford, ap — V-13970-15/16E, V-13970-15/16F) — Appeal by Brian Rainsford from an order of the Family Court, Suffolk County, dated July 13, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on March 5, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this order, the briefs for the respondent and the attorney for the child in the above-entitled appeal shall be served and filed.MATTER of Karnail S. (Anonymous), pet-res, v. Malkit K. (Anonymous) respondents-res, Harmanpreet S. (Anonymous), nonparty- ap — Appeal by Harmanpreet S. from an order of the Family Court, Queens County, dated August 21, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on March 6, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this order, the brief for the respondent in the above-entitled appeal shall be served and filed.By Leventhal, J.P.; Hinds-Radix, Barros and Connolly, JJ.Webster Bank, N.A., ap, v. Doreen Guevara, res — Motion by the appellant, in effect, to deem the notice of appeal from a judgment of the Supreme Court, Queens County, entered November 14, 2017, which was timely served, to be timely filed.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 notice of appeal, which was timely served, is deemed timely filed (see CPLR 5520[a]).LEVENTHAL, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.MATTER of Eric Jaimes, ap, v. Magdalena Gyerko, res — V-3286-17/17D, V-3286-17/17E) — Appeal by the appellant from an order of the Family Court, Westchester County, dated June 23, 2017. Pursuant to §670.9(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the appellant’s time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[a][2]) and by serving and filing the appellant’s brief on the appeal is enlarged until April 27, 2018.By Balkin, J.P.; Roman, Miller and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Brian Dudley, 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 December 5, 2016, and to be furnished with copies of the typewritten transcripts of the proceedings, if any.Upon the papers filed in support of the motion and the papers filed in opposition 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.BALKIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.MATTER of Justice L. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Jessica L. (Anonymous), respondent-appellant res — (Proceeding No. 1)MATTER of Alaysia L. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Jessica L. (Anonymous), respondent-appellant res — (Proceeding No. 2)MATTER of Zamahri L. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Jessica L. (Anonymous), respondent-appellant res — (Proceeding No. 3)MATTER of Samiyah L. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Jessica L. (Anonymous), respondent-appellant res — (Proceeding No. 4)MATTER of Tyriek L. (Anonymous). Suffolk County Department of Social Services, petitioner-res, Jessica L. (Anonymous), respondent-appellant res — (Proceeding No. 5) N-5154-17, N-5148-17, N-5149-17, N-5150-17, N-5158-17, N-5160-17) — Appeal by Jessica L. from an order of the Family Court, Suffolk County, dated December 8, 2017. By order on certification of this Court dated January 29, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Salvatore C. Adamo350 Fifth Avenue, 59th FloorNew York, NY 101198212-964-7983By letter dated March 7, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcripts has not been received, an affidavit or affirmation stating that the order on certification of this Court dated January 29, 2018, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.By Balkin, J.P.; Roman, Miller and Brathwaite Nelson, JJ.Miriam S. Perlman, res, v. Joseph Yerachmel Perlman, ap — Motion by the attorney for the children, inter alia, in effect, to be relieved of the assignment on an appeal from an order of the Supreme Court, Kings County, dated April 24, 2017, and to recalendar oral argument.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.BALKIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.MATTER of Wanda Y. Torres, res, v. Ovidio Matos, ap — Appeal by Ovidio Matos from an order of the Family Court, Orange County, dated September 26, 2017. The appellant’s brief was filed in the office of the Clerk of this Court on March 7, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the respondent’s brief shall be served and filed within 30 days of the date of this .MATTER of Erika G. A. (Anonymous), etc. SCO Family of Services, petitioner- res, Anthony J. F. (Anonymous), etc., respondent-appellant res — Appeal by Anthony J. F., a/k/a Anthony F., from an order of the Family Court, Queens County, dated April 12, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the child to serve and file a brief on the appeal is enlarged until April 4, 2017.Thomas Reilly, res, v. Cheryl Lynn Hager-Reilly, ap — Appeals by Cheryl Lynn Hager-Reilly from a judgment of the Supreme Court, Suffolk County, entered September 1, 2017, and an order of the same court dated August 24, 2017. The appellant’s appendix and brief were filed in the office of the Clerk of this Court on March 7, 2018. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that within 30 days of the date of this , the briefs for the respondent and the attorney for the child in the above-entitled appeals shall be served and filed.MATTER of Carol Tortoriello, res, v. Joseph Tortoriello, ap — Appeal by Joseph Tortoriello from an order of the Family Court, Westchester County, dated August 23, 2017. By dated January 26, 2018, the appellant was directed to file one of the following in the office of the Clerk of this Court, within 30 days after the date of the :(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or(2) if there were such minutes, an affidavit or affirmation stating that the transcript was received, and indicating the date that it was received; or(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof, and the date by which the transcript was expected; or(4) an affidavit or an affirmation withdrawing the appeal.The appellant has failed to comply with the . Pursuant to §670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]), it isORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the dated January 26, 2018, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before April 4, 2018; and it is further,ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Jean Barone, etc., ap, v. Gilma Posada Barone, etc., et al., res — Application by Jean Barone, as executor of the estate of Frank A. Barone, on an appeal from a decision of the Supreme Court, Queens County, dated February 17, 2017, to be substituted for the deceased appellant Frank A. Barone, to amend the caption accordingly, and pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the branches of the application which are to substitute Jean Barone, as executor of the estate of Frank A. Barone, for the deceased appellant Frank A. Barone, and to amend the caption accordingly, are granted, Jean Barone, as executor of the estate of Frank A. Barone, is substituted for the deceased appellant Frank A. Barone, and the caption is amended accordingly; and it is further,ORDERED that on the Court’s own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Co., 100 AD2d 509); and it is further,ORDERED that the branch of the application which is to enlarge the time to perfect the appeal is denied as academic.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Jean Barone, etc., ap, v. Gilma Posada Barone, etc. res — Application by Jean Barone, as executor of the estate of Frank A. Barone, on an appeal from an order of the Supreme Court, Queens County, dated July 19, 2017, to be substituted for the deceased appellant Frank A. Barone, to amend the caption accordingly, and pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted, Jean Barone, as executor of the estate of Frank A. Barone, is substituted for the deceased appellant Frank A. Barone, and the caption is amended accordingly; and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged until May 14, 2018, and the record or appendix on the appeal and the appellant’s brief shall be served and filed on or before that date.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.MATTER of Kety Merice, ap, v. Neil Ashmeade, res — V-16158-07/16P) — Appeal by Kety Merice from an order of the Family Court, Westchester County, dated November 27, 2017. By order on certification of this Court dated February 21, 2018, the following attorney was assigned as counsel for the appellant on the appeal:Carl D. Birman235 Mamaroneck Avenue, Suite 300White Plains, NY 10605914-630-4680By letter dated March 8, 2018, the assigned counsel has informed this Court that the appellant wishes to proceed with the appeal. Pursuant to §670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), it isORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this ; and it is further,ORDERED that within 30 days after the date of this , the assigned counsel shall file in the office of the Clerk of this Court one of the following:(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date received; or(3) if the transcripts has not been received, an affidavit or affirmation stating that the order on certification of this Court dated February 21, 2018, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or(4) an affidavit or an affirmation withdrawing the appeal; and it is further,ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this , the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Waterfalls Italian Cuisine, Inc., et al, ap, v. Cheryl Sellitti, etc., res — Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Richmond County, dated April 6, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.Marie E. DiFrancesca res, v. Navid Mootabar def, Joseph L. Sturdevant III, ap — Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 24, 2017.Upon the stipulation of the attorneys for the respective parties to the appeal dated March 5, 2018, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.PEOPLE, etc., res, v. Joseph A. Cilibrasi, ap — Appeal from a judgment of the Supreme Court, Kings County, rendered November 15, 2016.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.By Rivera, J.PEOPLE, etc., plf, v. James Seecoomar, 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 December 14, 2016, which has been referred to me for determination.Upon the papers filed in support of the application and the papers filed in opposition thereto, it isORDERED that the application is denied.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Cristal Regalado, res, v. NYCTA ap — Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 29, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Rivera, J.P.; Chambers, Roman and Iannacci, JJ.PEOPLE, etc., res, v. Raymond Wright, ap — (S.C.I. No. 288S/16) — Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered January 13, 2017, and for the assignment of new counsel. The appellant’s motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on May 26, 2017, and the following named attorney was assigned as counsel to prosecute the appeal:Thomas N. N. AngellPublic Defender22 Market StreetPoughkeepsie, NY 12601Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Steven A. Feldman626 RXR PlazaWest Tower, 6th FloorUniondale, NY 11566and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant’s sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.RIVERA, J.P., CHAMBERS, ROMAN and IANNACCI, JJ., concur.MATTER of Yvette Llada, res, v. Kaream Ellington, ap — Appeals by Kaream Ellington from two orders of the Family Court, Queens County, both dated March 20, 2017. Pursuant to §670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), it isORDERED that the time for the attorney for the child to serve and file a brief on the appeals is enlarged until April 30, 2018.By Chambers, J.P.; Roman, Cohen and Hinds-Radix, JJ.Vinton Roye, etc., ap, v. Burt W. Gelberg, etc. res — Motion by the appellant on appeals from two orders of the Supreme Court, Queens County, entered November 28, 2016, and March 9, 2017, respectively, to clarify a decision and order on motion of this Court dated December 20, 2017, to enlarge the record to include certain “signature pages,” and to extend the time to comply with the decision and order on motion of this Court dated December 20, 2017. Cross motion by the respondents Burt W. Gelberg and Burt W. Gelberg, M.D., P.C. to dismiss the appeals for failure to comply with the decision and order on motion of this Court dated December 20, 2017.Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it isORDERED that the cross motion is denied on condition that on or before April 9, 2018, the appellant shall serve and file a supplemental appellant’s appendix containing Exhibits C, H, and P annexed to an affirmation of Douglas P. Perry dated March 24, 2016, in support of the motion for summary judgment which was determined by the order entered November 28, 2016, and all exhibits annexed to an affirmation filed by the respondent Franklin Hospital in opposition to the appellant’s post note of issue motion for additional discovery which was determined by the order entered March 9, 2017; and it is further,ORDERED that no extension of the time to serve and file the supplemental appellant’s appendix shall be granted; and it is further,ORDERED that the motion is granted to the extent that the appellant shall serve and file the supplemental appellant’s appendix set forth above and is otherwise denied.CHAMBERS, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.By Leventhal, J.P.; Hinds-Radix, Barros and Connolly, JJ.PEOPLE, etc., res, v. Keron Lynch, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings 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:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.LEVENTHAL, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.By Leventhal, J.P.; Hinds-Radix, Barros and Connolly, JJ.MATTER of Thomas Wright, ap, v. New York State Department of Corrections and Community Supervision, res — Motion by the appellant pro se for leave to prosecute an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated September 25, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel are denied.LEVENTHAL, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.By Mastro, J.P.; Leventhal, Sgroi and Connolly, JJ.Alan Ballinger plaintiffs/counterclaim def-ap, v. Stelle Architects, PLLC, defendant/counterclaim plf-res — Motion by Stelle Architects, PLLC, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated January 3, 2017, for failure of the plaintiffs/counterclaim defendants-appellants to serve it with a copy of the record and on the ground that the record omits an affirmation in opposition of Daniel C. Ross, dated September 29, 2016. Separate motion by Stelle Architects, PLLC, to enlarge the time to serve and file a brief. By decision and order on motion of this Court dated February 26, 2018, the matter was remitted to the Supreme Court, Suffolk County, to report on whether that court considered the affirmation in opposition of Daniel C. Ross, dated September 29, 2016, in connection with the motion which was determined by the order dated January 3, 2017, and the motions were held in abeyance in the interim.Upon the papers filed in support of the motion to dismiss the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion to enlarge the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion to dismiss the appeal is denied on condition that on or before April 13, 2018, the plaintiffs/counterclaim defendants-appellants serve and file a supplemental record containing the affirmation in opposition of Daniel C. Ross, dated September 29, 2016, with annexed exhibits, correct the covers of the record and the brief filed by the plaintiffs/counterclaim defendants-appellants with the Clerk of this Court to reflect the proper statuses of the parties and the appearance by Keegan & Keegan, Ross & Rosner, LLP, serve Keegan & Keegan, Ross & Rosner, LLP, with copies of the record, the brief filed by the plaintiffs/counterclaim defendants-appellants, and the supplemental record, and file proof of service upon Keegan & Keegan, Ross & Rosner, LLP, with this Court; and it is further,ORDERED that the motion by Stelle Architects, PLLC, is granted, the time for Keegan, Ross & Rosner, LLP, and L’Abbate, Balkan, Colavita & Contini, LLP, to serve and file their respective briefs is enlarged until May 14, 2018, and the briefs shall be served and filed on or before that date.MASTRO, J.P., LEVENTHAL, SGROI and CONNOLLY, JJ., concur.By Rivera, J.P.; Chambers, Roman and Iannacci, JJ.PEOPLE, etc., res, v. Jimmy Grijalva, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens 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 opposition thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.RIVERA, J.P., CHAMBERS, ROMAN and IANNACCI, JJ., concur.By Scheinkman, P.J.; Leventhal, Maltese and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Daniel Vasquez, ap — Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered November 30, 2017, as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the 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:Bruce R. Bekritsy1551 Kellum PlaceMineola, NY 11501and 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., LEVENTHAL, MALTESE and BRATHWAITE NELSON, JJ., concur.By Austin, J.P.; Roman, Miller and Connolly, JJ.PEOPLE, etc., ex rel. Alty Adamson, ap, v. Thomas Griffin, res — Motion by the appellant pro se for leave to prosecute an appeal from a order of the Supreme Court, Dutchess County, dated November 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 denied.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.By Leventhal, J.P.; Hinds-Radix, Barros and Connolly, JJ.PEOPLE, etc., res, v. Dontae Degree, ap — Motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered October 25, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth whether the appellant was represented by assigned counsel or retained counsel in the trial court and, if retained, the amount and source of counsel fees paid to retained counsel.LEVENTHAL, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.By Rivera, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.Darlene-Marie L. Vitarelli, ap, v. Richard T. Vitarelle, Jr., etc., res — Motion by the appellant, inter alia, to stay her eviction from the subject premises, pending hearing and determination of an appeal from a judgment of the Supreme Court, Suffolk County, dated November 27, 2017.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 denied.RIVERA, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.John Dau K Ly, res, v. Tao Zhao, et al., ap — Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 5, 2017.Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it isORDERED that the application is granted and the appeal is marked withdrawn.By Rivera, J.P.; Sgroi, Hinds-Radix and Iannacci, JJ.Schacker Real Estate Corp., res, v. Reiko Wireless, Inc. ap — Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 5, 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.; Sgroi, Hinds-Radix and Iannacci, JJ.Anthony Spada, ap, v. Concetta Spada, res — Motion by the appellant to stay enforcement of an order of the Supreme Court, Richmond County, dated February 14, 2018, pending hearing and determination of an appeal therefrom.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.RIVERA, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.By Mastro, J.P.; Roman, Sgroi and Cohen, JJ.MATTER of Frank Moore, Jr., deceased. Eileen Kyne, petitioner-res, Michele Moore, objectant-appellant; Frank Moore III, res-res — (File No. 754/90) — 2017-03723MATTER of Frank Moore, Jr., deceased.Eileen Kyne, petitioner-respondent;Michele Moore, objectant-appellant;Frank Moore III, respondent-respondent.(File No. 754/90) Motion by the objectant-appellant, inter alia, in effect, to recall and vacate so much of a decision and order on motion of this Court dated December 13, 2017, as dismissed an appeal from an order of the Surrogate’s Court, Suffolk County, dated February 24, 2017, to consolidate that appeal with an appeal from an order of the same court dated January 31, 2017, and to stay all proceedings in the above-entitled matter pending hearing and determination of the appeals. Separate motion by the objectant-appellant, inter-alia, to enlarge the time to perfect the appeal from the order dated January 31, 2017.Upon the papers filed in support of the motions and the papers filed in opposition thereto, it isORDERED that the first motion, inter alia, in effect, to recall and vacate so much of the decision and order on motion of this Court dated December 13, 2017, as dismissed the appeal from the order dated February 24, 2017, is denied; and it is further,ORDERED that the branch of the second motion which is to enlarge the time to perfect the appeal from the order dated January 31, 2017, is granted, and the time to perfect the appeal from the order dated January 31, 2017, is enlarged until May 14, 2018; and it is further,ORDERED that no further enlargement of time shall be granted; and it is further,ORDERED that the second motion is otherwise denied.MASTRO, J.P., ROMAN, SGROI and COHEN, JJ., concur.By Balkin, J.P.; Austin, Sgroi and Brathwaite Nelson, JJ.PEOPLE, res, v. Tomas Velez, ap — Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from an order of the County Court, Orange County, dated October 5, 2017, and for the assignment of new counsel.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law 168-n (3), his status as a poor person continues on appeal; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearing held in connection with the order dated October 5, 2017, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant’s counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that the branch of the motion which is to assign counsel is granted and pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute theappeal:Karen A. Sferlazzo20 Spring Street, Suite 2Warwick, New York 10990and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with or considered by the trial court in connection with the appellant’s risk level determination, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report; and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that the filing fee is waived (see CPLR 1102[d]); and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.BALKIN, J.P., AUSTIN, SGROI and BRATHWAITE NELSON, JJ., concur.By Scheinkman, P.J.; Leventhal, Maltese and Brathwaite Nelson, JJ.PEOPLE, etc., res, v. Antionetta Baldassare, ap — Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Richmond County, rendered July 31, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the appellant’s moving papers are deemed to constitute a timely notice of appeal; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Paul Skip LaisureAppellate Advocates111 John Street – 9th FloorNew York, New York 10038and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.SCHEINKMAN, P.J., LEVENTHAL, MALTESE and BRATHWAITE NELSON, JJ., concur.By Rivera, J.P.; Chambers, Roman and Iannacci, JJ.PEOPLE, etc., res, v. Rollerson, Jerrod, ap — Motion by Jerrod Rollerson pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Nassau County, rendered April 20, 2017.Upon the papers filed in support of the motion and in relation thereto, it isORDERED that the motion is granted; and it is further,ORDERED that the moving papers are deemed to constitute a timely notice of appeal.RIVERA, J.P., CHAMBERS, ROMAN and IANNACCI, JJ., concur.By Scheinkman, P.J.; Rivera, Miller and Hinds-Radix, JJ.Michael DeMatteo, res, v. Amanda DeMatteo, ap — Renewed motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated September 19, 2017, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant’s affidavit setting forth the value of the real property owned by the appellant and the amount of all debts encumbering the real property.SCHEINKMAN, P.J., RIVERA, MILLER and HINDS-RADIX, JJ., concur.By Austin, J.P.; Roman, Miller and Connolly, JJ.PEOPLE, etc., res, v. Suzanne Whitman, ap — Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered January 24, 2017, as a poor person, and for the assignment of counsel. By order to show cause dated November 15, 2017, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the notice of appeal from the judgment was untimely, and the appellant’s motion was held in abeyance pending determination of this Court’s motion to dismiss the appeal. Separate motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment.Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the renewed motion for poor person relief and for the assignment of counsel and the papers filed in relation thereto, and upon the papers filed in support of the motion pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment and the papers filed in relation thereto, it isORDERED that the motion to dismiss the appeal is denied; and it is further,ORDERED that the appellant’s motions are granted; and it is further,ORDERED that the notice of appeal is deemed timely served and filed; and it is further,ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant’s and the respondent’s briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant’s counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant’s brief on the respondent; and it is further,ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant’s sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney’s office prior to the filing of such brief or motion; and it is further,ORDERED that pursuant to County Law §722 the following named attorney is assigned as counsel to prosecute the appeal:Thomas N. N. AngellPublic Defender22 Market StreetPoughkeepsie, NY 12601and it is further,ORDERED that the appellant’s time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.John Pereira, etc., plaintiff-res-ap, v. Hunt/Bovis Lend Lease Alliance II appellants-res, Hunt Construction Group, Inc. def-res, Five Star Electric Corp., defendant-respondent- ap — Separate applications by John Pereira and Five Star Electric Corp. pursuant to 22 NYCRR 670.8(d)(2) on an appeal by Hunt/Bovis Lend Lease Alliance II and Queens Ball Park Company, LLC, and separate cross appeals by John Pereira and Five Star Electric Corp., from an order of the Supreme Court, Queens County, dated July 21, 2017, to enlarge the time to perfect the cross appeals.Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it isORDERED that on the Court’s own motion, so much of an order on application of this Court, entitled “[i]n the Matter of Applications for Extensions of Time” dated February 23, 2018, as granted the application by John Pereira is recalled and vacated; and it is further,ORDERED that the applications are granted to the following extent and otherwise denied; and it is further,ORDERED that the time of Hunt/Bovis Lend Lease Alliance II and Queens Ball Park Company, LLC, to perfect the appeal is enlarged until April 24, 2018, and the joint record or appendix on the appeal and cross appeals (see 22 NYCRR 670.8[c][1]) and the brief of Hunt/Bovis Lend Lease Alliance II and Queens Ball Park Company, LLC, shall be served and filed on or before that date; and it is further,ORDERED that John Pereira shall serve and file his answering brief, including his points of argument on his cross appeal, on or before May 29, 2018 (see 22 NYCRR 670.8[c][3]); and it is further,ORDERED that Five Star Electric Corp. shall serve and file its answering brief, including its points of argument on its cross appeal, on or before July 3, 2018 (see 22 NYCRR 670.8[c][3]).SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.By Rivera, J.P.; Chambers, Roman and Brathwaite Nelson, JJ.Carol A. Caulfield, plf-res, v. Danos Auto Clinic, Inc., etc. def-res, All NY Liens, Inc., etc., ap — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated November 16, 2016, in the above-entitled matter, on appeals from two orders of the Supreme Court, Suffolk County, dated March 15, 2016, and September 22, 2016, respectively, is amended by deleting from the first paragraph thereof the words “an appeal from an order of the Supreme Court, Suffolk County, dated March 15, 2016,” and substituting therefor the words “appeals from two orders of the Supreme Court, Suffolk County, dated March 15, 2016, and September 22, 2016, respectively,” and correcting the caption as set forth above.RIVERA, J.P., CHAMBERS, ROMAN and BRATHWAITE NELSON, JJ., concur.By Miller, J.P.; Hinds-Radix, Connolly and Iannacci, JJ.Leonard A. Berlin, ap, v. Jane Berlin, res — Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated January 8, 2018, and to stay a certain hearing in the above-entitled action, pending hearing and determination of an appeal from the order.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the motion is denied.MILLER, J.P., HINDS-RADIX, CONNOLLY and IANNACCI, JJ., concur.
